Acceptance of Terms
Welcome to the StarChat® website (the “Website”). The Website and any and all products, services, applications, platforms, related website domains and other affiliated ventures related to or utilized with the Website, are hereafter referred to collectively, both in whole and in part, as the “Platform”. The Platform is operated by StarCam®.
NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE PLATFORM IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR PERSONS WHO DO NOT MEET THE ELIGIBILITY REQUIREMENTS IN THE “ELIGIBILITY” SECTION OF THE TERMS. If You are under 13 years of age or do not meet the eligibility requirements, you are not eligible to use the Platform.
If You are using or opening an account on the Platform on behalf of a company, entity or organization (collectively, “Subscribing Organization”), then You represent and warrant that You: (1) are an authorized representative of that Subscribing Organization with the authority to bind such organization to the Terms and (2) agree to be bound by the Terms on behalf of such Subscribing Organization.
Individual Features and Services
When using the Platform, You will be subject to any additional posted guidelines or rules applicable to specific services, and features that may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
Modification of the Terms
The Platform may only be used for lawful purposes, which may include, by way of example and not limitation, use of communication technologies to form friendships, seek romance, or communicate with celebrities utilizing the many Services available from time to time on the Platform. StarCam grants You permission to use the Platform as set forth in the Terms, provided that: (1) You use the Platform solely for Your personal, private, noncommercial use unless otherwise expressly provided for in writing by StarCam; (2) You do not copy, publicly display or distribute any part of the Platform in any medium without StarCam’s prior written authorization; (3) You do not alter or modify any part of the Platform; (4) You do not use the Platform to infringe the copyright, trademark or any other intellectual property rights of StarCam, its affiliates or any other entity; (5) You do not engage in any of the prohibited uses described below; and (6) You otherwise are eligible to use the Platform and fully comply with the Terms.
You must be a minimum of 18 years of age or have reached the age of majority in the jurisdiction within which You reside (whichever is greater) to have the legal authority to enter into the Terms, and thereby be eligible to view the Platform and/or participate in the Services provided via the Platform. By utilizing the Platform, You attest that You meet the age requirements and further attest that: (1) You have not been convicted of a misdemeanor, felony, or pleaded nolo contendre or no contest for any crime in category “A” involving homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or any attempt to commit any of these crimes; and (2) You have not been convicted of a felony (or pleaded nolo contendre or no contest) to a felony charge for any crime in category “B” involving domestic violence, domestic assault, sexual assault, dating violence, stalking, child abuse and neglect, and/or elder abuse. Eligibility to use the Services available on the Platform is denied to individuals whom StarCam has knowledge do not meet the above eligibility requirements or are convicted sex offenders (see “Notice to Users” below regarding knowledge by StarCam and “Safety Awareness” below regarding the fact that STARCAM DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS). BY ACCESSING THE PLATFORM, YOU HEREBY ATTEST THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IMMEDIATELY ABOVE AND THAT YOU ARE NOT A CONVICTED SEX OFFENDER. ADDITIONALLY, BY ACCESSING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOU HAVE NO EXISTING OBLIGATIONS OR RESTRICTIONS IN FORCE THAT WOULD PREVENT YOU FROM ENTERING INTO THE TERMS.
Affiliate Marketing Program
StarCam may offer an affiliate marketing program (the “Affiliate Marketing Program”) whereby certain individuals and/or entities that: (1) apply in writing, (2) are approved, and (3) agree to be bound by the Terms as well as the “Affiliate Marketing Agreement”, may be eligible to participate in the program and become an “Affiliate Marketer(s)”. Eligibility to become an Affiliate Marketer is at the sole discretion of StarCam. Affiliate Marketers are at all times and in all respects independent contractors. Nothing in the Terms or the Affiliate Marketing Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between an Affiliate Marketer and StarCam.
All inquiries regarding the Affiliate Marketing Program, affiliate advertising, business development, responses to press releases or any other marketing questions should be directed to: marketing@StarCam.com.
Eligibility to participate as a StarCam Celebrity on StarCam is at the sole discretion of StarCam. The use of the term “StarCam Celebrity” refers simply to the status of a person as a participant of certain notoriety on the Platform and does not convey or infer any ownership interest in the business enterprise, the Platform, or Platform content. StarCam Celebrities are solely responsible for the services, merchandise, content and materials they provide on the Platform and agree to indemnify StarCam fully for any liability or potential liability, including but not limited to indemnification for reasonably incurred attorney’s fees, arising from the StarCam Celebrity services, merchandise, content and materials provided by the StarCam Celebrity on the Platform in accordance with the treatment of “Content” described below.
Content and Related Intellectual Property Rights
Content is any material in any form, format, or media, whether now known or hereafter developed, posted by Users on or through the Platform (“Content”). You acknowledge and agree that StarCam may review and delete any messages, photos, profiles, video, or any Content posted by You that violates the “Prohibited Content Policy” and/or the “Platform Participation Policy” stated herein, or any Content that StarCam in its sole discretion deems to be inappropriate, whether said Content appears in a public or a limited access area of the Platform, but nothing herein obligates StarCam to review or delete any messages or Content that appears on the Platform.
You are solely responsible for the Content that You post and/or transmit to other Users on the Platform. You assume full responsibility and liability for any and all Content You provide for use or post on or through the Platform. You represent and warrant that any content of any description that You post on the Platform will not violate any third party intellectual property rights including, but not limited to, copyrights, trademarks, trade secrets and rights of privacy and publicity; and where such rights are applicable, You possess the express written permission from the owner(s) of those rights via the appropriate licenses, consents, waiver, and/or releases as may be required. You agree to indemnify and hold StarCam harmless from any and all liability that may arise from Your: (1) violations of third party intellectual property rights; and/or (2) violations of or liability relating to other protected rights, including but not limited to liability for defamation, due to the posting of Content on or through the Platform by You, including but not limited to reimbursement for all reasonable attorney’s fees and costs incurred by StarCam relating thereto. In addition, You agree to subject Yourself for both personal jurisdiction and venue purposes to whatever jurisdiction in the United States any party may bring litigation involving StarCam relating to Your alleged violation(s) of this Section or any section of the Terms.
The Platform is operated by StarCam. The content, visual interfaces, images, logos, button icons, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform that are made available by StarCam on the Platform (the “StarCam Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. StarCam Materials do not include User-posted Content or any other Content owned by and submitted by Users to the Platform. All StarCam Materials contained on the Platform are the property of StarCam or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the StarCam Materials or on the Platform are proprietary to StarCam or its affiliates and/or third-party licensors. Except as expressly authorized by StarCam, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the StarCam Materials. StarCam reserves all rights not expressly granted in the Terms. You shall not acquire any right, title or interest to the StarCam Materials, except for the limited rights set forth in the Terms.
Note: In addition to graphics, design, web page images, and all items mentioned immediately above, StarCam Materials and copyright protection also includes any content created while users use the interactive features of the Platform. For example and not limitation, any video streaming conducted through the Platform is the exclusive property of StarCam or its affiliates and assigns. Any recording and/or rebroadcasting of any Platform video streaming or other interactive features of the Platform without the express written permission of or approval by StarCam, is prohibited by these Terms and is a violation of StarCam’s intellectual property rights and United States copyright law. StarCam retains all its rights in seeking all available remedies from all Users who copy and or post and rebroadcast such materials in any medium whatsoever.
Many of the underlying technologies and/or business model concepts supporting the functionally of the Platform are unique, patented or patent pending technologies and concepts. These technologies manifest themselves in many embodiments that are licensed for use by the patent owner. All Users acknowledge and agree that their use of the Platform in any capacity, defined or undefined, constitutes Your agreement not to copy or utilize in any manner, either personally or commercially, any of the patented or patent pending technologies and concepts contained in the Platform, except as expressly provided for in the Terms. Any violation of this provision by any User shall be considered an infringement of intellectual property rights as well as a breach of the Terms and may subject the User to liability.
You grant, and warrant You have the right to grant, a perpetual, assignable, sub-licensable, fully paid up, royalty free license, including, where applicable, copyright and/or trademark licenses or sublicenses, giving StarCam the right to use, reproduce, publicly display, publicly perform, distribute, and make derivative works of any Content posted by You on or through the Platform without limitation throughout the universe in perpetuity, whether in original form or in combination with other Content. This grant of license to StarCam includes Your authorization to use Your image and likeness in banners, borders and other areas of the Platform and for promotion of the Platform or StarCam in any media or format, whether now known or hereafter developed and whether or not known by You, including, by way of example and not limitation, print, broadcast, and online, for so long as You maintain Your Website Membership or, if You discontinue Your Website Membership, for three (3) months after You provide written notice to StarCam of revoking these rights granted to StarCam herein. Inherent in this grant by You to StarCam is the issuance of any licenses or documentation required by any jurisdiction worldwide that may be needed for StarCam to exercise the rights You have granted herein, with any and all requirements of the governing laws and legal authorities having jurisdiction over said licenses or documentation, such as royalty free, pre-paid, sublicenseable, or any other requirements, fully satisfied. By posting Content to the Platform, You further represent and warrant that no payments of any kind, including performance royalties (such as those payments payable to ASCAP, BMI or SESAC), mechanical royalties, or any other royalties or payments are due to any entity, including, but not limited to, record labels, music publishers, featured or background recording artists, producers, engineers, unions, guilds, performing rights organizations or any other entity is required from the exploitation of the Content on the Platform anywhere in the universe. You may remove Content owned by You from the Platform at any time and deny access to that Content to any other Users of the Platform; provided, however, that StarCam may retain backup copies of Your Content on any media utilized by StarCam for retention and backup purposes in the ordinary course of business in perpetuity and utilize that Content as stated herein.
Prohibited Content Policy
The following Prohibited Content Policy defines the type of Content prohibited on the Platform whether it appears in a profile, e-mail messages, instant messages, or in any public or limited-access area of the Platform. This list is condensed and not inclusive of all Content prohibited on the Platform. StarCam reserves the right to remove any Content similar in whole or in part to that which is listed below, as well as any Content not mentioned below that StarCam deems in its sole discretion as inappropriate, unethical, damaging to StarCam brands or not in the interests of StarCam or any of its business partners or other Users, but nothing herein obligates StarCam to remove such Content. Users who violate this Prohibited Content Policy or any other provision of the Terms may be banned from any further use of the Platform, and if appropriate, StarCam may, at its discretion, refer the offending User to the appropriate law enforcement agency for investigation and prosecution. Prohibited Content includes, but is not limited to, Content that:
displays, portrays or describes pornographic or sexually explicit material of any kind;
promotes harassment, racism, or physical harm of any kind against any group or individual;
displays, portrays or describes violence to any human or animal;
displays language of a harassing, abusive, threatening, defamatory, insulting or vulgar nature;
involves the transmission of "junk mail", spam, chain letters, or any unsolicited mailings or involves the promotion of pyramid schemes, sweepstakes, contests, or commercial venture or activity;
promotes obscene, offensive, illegal or otherwise objectionable material in StarCam’s sole discretion;
disseminates an illegal or unauthorized copy of another's copyrighted work and/or improperly exploits another’s intellectual property including but not limited to trademarks and trade secrets;
provides instructional information concerning illegal activities or any activities designed to physically injure any human or animal;
contains viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information or part of the Platform;
solicits passwords or personal identifying information from other Users for commercial or unlawful purposes; and/or
disseminates telephone numbers, postal addresses, URLs, instant message IDs, email addresses or any other form of personal contact information without the express permission of the owner of the information.
Platform Participation Policy
The Platform is to be used in an ethical, honest, and socially responsible manner. All Users who post Content to any area of the Platform do so with the understanding that in addition to a User’s participation being governed by all applicable provisions of the Terms, including but, not limited to the Prohibited Content Policy, participation is further regulated as follows:
The posting of Content by Users to public areas of the Platform does not constitute an endorsement of that Content by StarCam. The opinions expressed in any User-posted Content are those of the authors who are solely responsible for such Content.
Readers who rely on any Content or information posted on the Platform do so at their own risk.
Users will only create profiles that are, either directly or through the use of pseudonyms, representations of themselves. Profiles representing inanimate objects, non-human or non-living things, or created by one User representing another or any other person, are a violation of this policy and will be removed. Use of multiple profiles for the purposes of deception or misrepresentation is strictly prohibited. Whether multiple profiles are acceptable in some circumstances is at the sole discretion of StarCam.
No advertising on or commercial use of the Platform of any kind is allowed, other than that which is expressly authorized in the Terms or in writing by StarCam. In as much as it would be difficult to calculate the damages incurred by StarCam in the event of violations of the no advertising or commercial use provisions of the Terms, all Users and third party advertisers agree that they are subject to Liquidated Damages of at least $50.00 per each unauthorized contact of a Member, Guest, and/or any undefined User and at least $500.00 per each unauthorized contact of a StarCam Celebrity as well as all reasonable attorney’s fees, court costs, and expenses incurred by StarCam to enforce this provision. Notwithstanding any remedy specified herein, no specification in the Terms of any particular remedy shall be construed as a waiver or prohibition of any other remedies available at law or in equity in any applicable jurisdiction in the event of a breach or threatened breach of the Terms.
No personal attacks, abusive or inappropriate communications (the determination of which is StarCam’s sole right to determine) towards individuals, groups, Members, Affiliate Marketers or StarCam customer service personnel and StarCam employees will be tolerated. If at any time any User engages in activities, transmits Content, or makes statements that StarCam, in its sole discretion, believes may pose a threat to the physical safety of any person or persons, StarCam reserves the right and may supply law enforcement or other permitted recipient with any and all information that StarCam, in its sole discretion, feels is appropriate, as provided for in 18 U.S.C. §§ 2702 (b) & (c).
Other Prohibited Uses
In addition to the other provisions of the Terms, and as a condition of Your use of the Platform, You represent and warrant that You will not:
use the Platform for any purpose that is unlawful or prohibited by the Terms;
remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any Content or StarCam Materials accessible through the Platform, or features that enforce limitations on the use of the Platform;
attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining, creation of a backdoor entry system, or any other means, to interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;
modify the Platform in any manner or form or to use modified versions of the Platform;
use any robot, spider, scraper or other automated means to access the Platform for any purpose without StarCam’s express written permission or bypass our robot exclusion headers or other measures StarCam may use to prevent or restrict access to the Platform;
use any framing techniques to enclose any trademark, logo, or other StarCam Materials without StarCam’s express written permission. You agree not to use any meta tags or any other “hidden text” utilizing StarCam’s name or trademarks without StarCam’s express written consent;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to Users of the Platform;
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
modify, adapt, translate, or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You understand that when using the Platform, You will be exposed to Content posted by Users and other material from a variety of sources, and that StarCam is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content and material. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive any legal or equitable rights or remedies You have or may have against StarCam with respect thereto. StarCam does not endorse any User-posted Content or material provided by any other party, including advertisers, or any opinion, recommendation or advice expressed therein. Under no circumstances will StarCam be liable in any way for or in connection with any User-posted Content or third-party material, including, but not limited to, any inaccuracies, errors or omissions, any intellectual property infringement or for any loss or damage of any kind incurred as a result of the use of any Content or material posted, electronically mailed or otherwise displayed or transmitted on or through the Platform.
Monitoring Users and Content
If at any time StarCam chooses, in its sole discretion, to monitor any Content on the Platform, StarCam nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that StarCam may or may not pre-screen User submissions, but that StarCam and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove any User submission that is available via the Platform. Without limiting the foregoing, StarCam and its designees may, at any time and without prior notice, remove any User submission that in the sole judgment of StarCam violates the Terms or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with the use of any Content or third-party material, including any reliance on the accuracy, completeness, usefulness or legality thereof.
Removal of Content
Notwithstanding any other provisions of the Terms, StarCam and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or for no reason, with or without notice and with no liability of any kind.
Online Copyright Infringement Liability Limitation Act (OCILLA)
[LINK FROM APPROPRIATE SECTION OF COPYRIGHT FAQ]
StarCam respects the rights of copyright owners and the Platform complies with the “notice and takedown provisions” in the OCILLA portion of the Digital Millennium Copyright Act (the “DMCA”). If You believe that Your work was copied, posted or otherwise exploited on or through the Platform in a way that constitutes copyright infringement, then please contact the designated agent indicated below with the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works on the Platform;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StarCam to locate the material;
information reasonably sufficient to permit StarCam to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please consult Your legal counsel or see 17 U.S.C. § 512 to confirm these requirements. We are not providing You with legal advice or establishing an attorney client relationship with You by providing the foregoing information.
[LINK FROM APPROPRIATE SECTION OF COPYRIGHT FAQ]StarCam does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and StarCam will remove all unauthorized Content from the Platform if properly notified that such Content infringes another’s intellectual property rights. It is StarCam’s policy to respond promptly to notices of alleged infringement that comply with the DMCA. In addition, StarCam will promptly deactivate without notice the accounts of Users that are determined by StarCam to be “repeat infringers.” A Repeat Infringer is a User who has been notified of infringing activity more than twice and/or has had User-posted Content removed from the Platform more than twice; provided, however, that StarCam may deactivate a User’s account for any reason if StarCam determines in its sole discretion that the User’s violation of third-party intellectual property rights so warrants such an action.
StarCam’s Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: StarCam Designated Copyright Agent via email at copyright@StarCam.com. All information identified above must be included in the notice to the designated agent or the notice will not constitute proper notice per the DMCA. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to StarCam customer service through support@StarCam.com. You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Please also note that under Section 512(f) of the DMCA, 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Safe and Responsible Use
All Users should recognize that along with the many benefits and advantages now available as a result of the exponential growth in information technology communications, many dangers and potential hazards coexist with those benefits and advantages. Uninformed, unaware, reckless use of any Internet service can expose Users to identity theft, cyber stalking, cyber bulling, spamming, financial scams, and many other and potentially worse consequences. Scam artists, sexual predators, and other criminal elements have been exploiting the anonymity that the Internet can provide to victimize unsuspecting lawful Users of the Internet. All Users should be responsible concerning what information they post on or transmit over the Internet about themselves and others. Authorities and employers now regularly search social networking, blogs, forums, and other public access sites as part of individual background searches. What at one point in time, and in context, may have been an innocent statement or picture may at a later date prove to be a source of serious regret. Guests, Members and Affiliate Marketers should always be cognizant of the dangers and potential hazards associated with using any Internet service and apply all due diligence and common sense to avoid being exploited, victimized, or regretful because of information You made available on the Internet. Therefore, due to the dangers and potential hazards inherent in participating in any Internet service, StarCam assumes no liability of any kind whatsoever that may result from any User’s passive or active participation on the Platform or use of the Services. You access the Platform and use any of the Services at YOUR OWN RISK.
NOTICE: THIS PLATFORM DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS unless required by United States federal or state law. The following are safety recommendations only. They are not intended to create a false sense of security or infer that observance of these recommendations will protect You from fraudulent activities or cybercrime. StarCam hopes that You will use these recommendations as a starting point to develop Your own safety protocols in the hope that so doing will promote a safe and enjoyable experience on the Platform. The following are recommendations for all Users to consider:
Always remember, if You are developing an online friendship or relationship with someone You have not previously known or met, You don’t really know who they are.
Don’t reveal home or work addresses, phone numbers or other contact information to people You only have an online relationship with. Use StarCam’s innovative SafeCall® and other innovative communication features which may be available on the Platform by which You can protect Your personal contact information, yet still freely communicate with online friends. Stop communicating with anyone who pressures You for personal or financial information or attempts in any way to trick You into revealing it.
Be very careful about the amount and type of information You provide in Your profile and public areas of the Platform so potential cyber stalkers or other people You may not want to be able to contact You directly cannot “connect the dots” and locate You before You want them to.
If features are available enabling You to use the Platform in the hopes of meeting someone and developing a romantic relationship, be wary of potential partners who make declarations of love in the early stages of an online relationship. Additionally, be wary of potential partners who solicit gifts. StarCam assumes no responsibility or liability for the actions, either online or offline, of any User whatsoever. All Users use the Platform at their own risk. StarCam strongly recommends that if You receive an unwanted request for a gift or any type of solicitation, You should stop communicating with that person. Unwanted solicitations of money, gifts or other considerations by one Member to another are a violation of the Terms and may subject the Member making such solicitations to being prohibited from any further use of the Platform.
Be aware that anyone who is able to commit identity theft can also falsify an online profile.
Be careful when posting pictures or information about Your underage children on the Internet. Though family photographs are fun and informative, they can provide too much information to the wrong type of people.
Never send money to someone with whom You only have an online relationship. If You don’t have an offline face-to-face personal relationship with a person asking for money, it could be a scam.
There is no substitute for acting with caution when communicating with any stranger who wants to meet You. If You are meeting someone in person for the first time after establishing an online friendship or romance, it is a good idea to observe the following guidelines for the first or the first few meetings: 1) don’t go to their house or have them come to Yours, 2) provide Your own transportation, 3) meet in a public, well known place, 4) let a friend or family member know whom You are meeting, where and when, and what Your itinerary and planned time to return home are, 5) limit or avoid drinking alcohol on the first meeting(s) until You have a better understanding of who the person You are getting to know really is, 6) always take a cell phone with You, and if Your itinerary or planned time to return home changes, let Your friend or family member know, AND, establish some predetermined code that will let them know if You are making these changes under duress, and, 7) establish preset call times initiated by Your friend or family member to check on You and make sure everything is okay.
If you are in danger, dial “911” to reach your local police immediately. Victim help lines include:
The National Center for Victims of Crime
National Sexual Assault Hotline
National Center for Missing and Exploited Children
National Domestic Violence Hotline
You may want to consider having an independent background check performed at Your own expense on anyone with whom You are interested in pursuing an offline friendship or romantic relationship that You met online. There are many cost effective services available today on the Internet to help You find out more about the person You are considering developing a personal relationship with. However, background screenings are not foolproof and are at best an imperfect safety solution, and some companies may be running scams disguised as background checks. Do Your due diligence before giving out any credit card information. You should be careful that having an independent background check performed on someone does not give You a false sense of security. Criminals may circumvent even the most sophisticated search technology. Not all criminal records are public in all states and not all databases are up to date. Background criminal screenings typically only include publicly available convictions and do not cover other types of convictions or arrests or convictions from foreign countries.
Public Profile Summary
Upon registration or login after registration, Users may be requested to supply information for the profile pages on the Platform. Users should complete the requested profile information in keeping with the recommendations contained in the “Safe and Responsible Use” and “Safety Awareness” sections herein. All Users are hereby notified that certain information supplied by Users will appear in the public profile summary and will be available to any User accessing the Platform. Any User utilizing import contacts or data features to populate the data in their profile, whether such feature is available on the Platform or is facilitated by an external application, is responsible for insuring that any data imported utilizing such features is in compliance with the “Prohibited Content Policy” and the “Platform Participation Policy” herein and does not violate any third party rights.
When You create a profile and establish an account on the Platform, You will be sent a request for confirmation to the email address You used to register Your account from signup@StarCam.com. You must reply to the confirmation request to activate Your profile.
You will receive notifications from notifications@StarCam.com. Notifications from Platform email addresses will update You on actions and activities relating to Your participation on the Platform. Buy accepting the Terms You consent to receiving these notifications.
Third Party Agreements
The Platform may provide a classified section for Members to list items for sale (the “Marketplace”). The Marketplace may not be used for commercial enterprise by any Member. No company or commercial interest may list items for sale in the Marketplace. No services may be offered for hire in the Marketplace. No sweepstakes, give–a-ways, or promotions of any kind may be listed in the Marketplace. StarCam is not a party to any transaction that may take place as a result of a Member listing an item for sale in the Marketplace. THEREFORE, STARCAM MAKES NO REPRESENTATION OR WARRANTY AS TO THE FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, OR MERCHANTABILITY OF ANY ITEM OFFERED FOR SALE. The User selling any item in the Marketplace warrants that he/she owns or has authorization to sell the item listed for sale and said listing does not infringe on any intellectual property or third party rights. Both Users acting as seller and purchaser of any item offered for sale in the Marketplace agree to indemnify and hold harmless StarCam, its affiliates and successors, and its and their directors, officers, employees, representative, agents, and assigns from any and all liability, including but not limited to, reimbursement for all reasonable attorney’s fees incurred by StarCam relating thereto, that may arise out of the transaction, transfer of ownership, shipping and delivery, condition, and/or use of an item offered for sale in the Marketplace. All applicable taxes are the sole and direct responsibility of the Users participating in a transaction. The Marketplace is intended to be a non-commercial general classified listing for items that Members want to sell. Any listing or series of listings that StarCam, at its sole discretion, feels violates the spirit of the intended purpose and use of the Marketplace will be removed and the offending Member may be suspended or banned from further use of the Marketplace and/or the Platform.
The Platform may provide a portal for approved commercial purposes. For example, StarCam Celebrities may present souvenirs, memorabilia, works, and other products for sale through an independent fulfillment house. However, StarCam is not the seller of such products and any such purchases that You may make are made between You and the StarCam Celebrities or their fulfillment house. It is the responsibility of the StarCam Celebrities or their fulfillment house to maintain an inventory and provide for the shipping and distribution of any merchandise they provide for sale on the Platform. All merchandise purchases, fulfillments, shipping, returns, credits and refunds are the sole responsibility of StarCam Celebrities and their fulfillment house, not StarCam. StarCam MAKES NO REPRESENTATION OR WARRANTY AS TO THE FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, OR MERCHANTABILITY OF ANY ITEM OFFERED FOR SALE.
Downloaded products or items of any nature, audio or otherwise, typically require the purchaser and/or User to agree to the license terms of the copyright holder that limit the use of products and items. Compliance with the terms of any licenses attached to downloaded products through the Platform, whether purchased products or “free use” items, is the sole responsibility of all Users.
StarChat® Queue Pledges
The Platform provides a feature in StarChat that allows Members to influence their position in the queue of questions. Members participating in a StarChat session with a StarCam Celebrity can raise the position of their question in the order that the StarCam Celebrity will answer it. Members can accomplish this by pledging credits from their Member account. All questions submitted with no credits pledged, enter the question “queue” in the last position or the bottom of the order.
Pledging credits will raise a Member’s question in the queue in numeric order relative to the number of credits other Members have pledged. Once a question reaches one of the top three positions in the queue, the question becomes “locked-in” until the StarCam Celebrity dispatches the question as provided for below. However, except for the “locked-in” questions, the position of all other Members’ questions in the queue remain dynamic and may change position (even after credits have been pledged) due to other Members making subsequent pledges to increase their questions’ positions in the queue.
Once a pledge has been attached to a question, the question will remain in the queue until: 1) the question is answered by the StarCam Celebrity (in which case the Member’s account will be debited (charged) the number of credits pledged), 2) the question reaches the top position in the queue but the StarCam Celebrity declines to answer it (in which case the Member’s account will be credited (refunded) the number of credits pledged), or, 3) the time for the StarChat session expires and the question has not been answered (in which case the Member’s account will be credited (refunded) the number of credits pledged). Members may not remove questions from the queue that have pledges attached to them. This is so no Member’s pledge may unfairly induce another Member to pledge credits that otherwise may not have been needed to reach a desired position in the queue. Therefore, Members should not pledge credits to raise the position of their questions in the queue unless they intend to participate for the full duration of the StarChat session. Further, prior to pledging, all Members should keep in mind that StarCam Celebrities have the option to extend a StarChat session if there are unanswered questions in the queue. StarCam Celebrities may also suspend the acceptance of any more questions and/or pledges prior to the end of a StarChat session.
Performance Queue Pledges
The Platform may provide a performance feature which allows Members through the pledging of credits to influence the order in which they get the opportunity to perform. All applicable Guidelines governing the pledging of credits in the StarChat Queue Pledges section of the Terms apply to all Users pledging for position in the performance feature. Performance sessions will be available according to demand. Each participating User’s performance time during a performance session will be restricted to an established time limit. If the performance session terminates with any participating Users remaining that have pledged credits to raise their position in the queue, those credits will be credited (refunded) to the User’s account. Entering the performance queue does not guarantee a User the opportunity to perform.
Once a participating User’s time to perform begins, any credits that have been pledged to raise the position in the performance queue will be debited (charged) from the participating User’s account. Whether a participating User is not prepared to perform, doesn’t finish the performance, doesn’t utilize the entire performance time allowed, or fails to perform for any reason, the User’s account will be charged any credits that were pledged and no refund will be available.
All performances are subject to the Prohibited Content Policy, the Platform Participation Policy, and all applicable provisions contained in the Terms. Though all Users are solely responsible for the content they present on the Platform, and, all Users fully indemnify and hold StarCam harmless from any claim for damages that may be claimed as a result of a User’s participation on the Platform, StarCam reserves the right (but has no obligation) to terminate any performance at any time that StarCam, in its sole discretion, feels is inappropriate; without any obligation on StarCam’s part to provide an explanation and without any obligation to refund any credits expended by the performing User.
Purchases and Fees
Memberships are free on the Platform. However, StarCam reserves the right to charge fees for services, merchandise, and other products available on the Platform and reserves the right to change said fees, from time to time and at any time, subject to the Modification of the Terms provision.
Purchases of services, merchandise, and products on the Platform can only be made using a credit card (e.g., Visa or MasterCard). ALL SALES ARE FINAL. Any processing or other transaction fees billed directly to a User’s credit card, whether from the issuing bank or other entity involved in the processing of a User’s credit card transaction, are the sole responsibility of the User. A Guest or Member must be an authorized User of the credit card used to make purchases on the Platform. All purchases are governed and limited by the policies, procedures, and Guidelines established from time to time by StarCam.
Your purchases on the Platform will be confirmed by an email sent to the email address You used to register with on the Platform. Purchase confirmations will be sent from sales@StarCam.com. These are “DONOTREPLY” email addresses. If You have any questions regarding any purchase confirmation You receive, please direct Your questions to: support@StarCam.com.
Some Services are only available by using credits. Credits are either “Promotional” or “Non-Promotional” and are only redeemable for Services on the Platform. Non-Promotional credits are offered in a variety of packages available for purchase on the Platform. Promotional credits may be received through promotion or incentive programs sponsored by StarCam from time to time. At StarCam’s discretion, some Services may not be available using Promotional credits. Due to risk management criteria established by credit card processors, StarCam, at its discretion, may vary Non-Promotional credit packages available to Users based on purchasing histories.
Memberships and some designated Services on the Platform are free, however Members are charged credits for certain services as established per the “Fee Schedule” which is incorporated herein by reference. StarCam reserves the right to revise, edit, and change the fees on the Fee Schedule, from time to time and at any time, subject to the Modification of the Terms provision.
From time to time StarCam may offer certain Users the opportunity to earn credits or earn rewards by referring new Members to the Platform. (See Website or inquire at marketing@StarCam.com for details) “New” Members are Users who have never been a Member on the Platform or any of its affiliated websites. Member referral programs are separate and independent from the Affiliate Marketing Program. Affiliate Marketers are not eligible to participate in any Member referral programs. StarCam reserves the right to alter or discontinue any referral program at any time without notice. Receipt of referral rewards will be contingent upon various activity levels being met by the referred Members. Credits earned during a referral program will be awarded in the month following the month during which the referred Members meet the required activity levels. Any attempt by any User to earn referral credits by creating multiple profiles or by any other fraudulent means, may result in the immediate closing of the perpetrator’s profile, the forfeiture without refund of any unused credits in the perpetrator’s account, a permanent prohibition on the use of the Platform and any affiliated websites, and the possible prosecution of the perpetrator(s) to recover lost revenues as a result of the fraudulent activity as well as all legal, court, and administrative costs associated with the recovery. You are solely responsible for ensuring that Your participation in a referral program does not violate any third party agreements or rights. Any referral program is subject to all other applicable provisions in the Terms and is void where prohibited.
Any and all applicable taxes levied by any local, state, or federal government that are applicable at any stage of a transaction and that are determined to be applicable either now or in the future, are in addition to any quoted fees for services, merchandise, and other products available on the Platform and are the sole responsibility of the purchaser and/or recipient of the service or merchandise. All prices listed are in U.S. currency unless stated otherwise.
Validated Identity Profile (VIP Status)
Registered Members may be able to become VIP Members which may require a one-time fee. VIP Status provides Members with higher purchasing limits and privileges, unique VIP services as they become available, and special VIP premiums and incentives sponsored by StarCam and participating co-sponsors.
Establishing a VIP Member account is an easy three-step process. Members must utilize a webcam to: 1) capture a real time image of themselves, 2) capture a real time image of a current valid picture ID, and then, 3) fill in the requested credit card and Member information fields. VIP privileges are only available using the credit card that was used to qualify for VIP Status (“Member’s VIP Credit Card”).
A Member’s request for VIP Status will be reviewed within 24 hours, after which, the VIP Status request will be approved or additional information may be requested. What constitutes acceptable documentation for VIP Status approval is at the sole discretion of StarCam.
Approval of a Member’s request for VIP Status is conditional on the VIP Member’s agreement and acknowledgement of the following: 1) VIP Members promise, warrant, and guarantee that within 24 hours of loss or theft of the Member’s VIP Credit Card the VIP Member will a) notify StarCam VIP Customer Service at VIPcustomerservice@StarCam.com, b) notify the issuing bank or financial institution, and c) file a police report with their local police department; 2) VIP Members acknowledge value received at the time of purchase for all purchases made utilizing the Member’s VIP Credit Card on the Platform and warrant that no chargebacks will be initiated at any time in the future for such purchases; 3) VIP Members agree that in the event any chargebacks are issued against the Member’s VIP Credit Card for purchases made on the Platform prior to compliance with a) through c) of item 1) above, StarCam shall be entitled to a judgment for a total sum comprised of the initial purchase amount, all processors fees, any administrative costs, and all legal fees associated with recovering the costs for such chargebacks.
All Users acknowledge that StarCam is not obligated to offer a refund on any valid, properly executed order for any product or service. Nor need StarCam maintain or provide documentation to any User regarding his/her credit cards, charge cards or any other means of payment with respect to any refund the User may request from any entity. All Users hereby acknowledge and agree that dissatisfaction with the purchase of any merchandise through the Platform is the responsibility of the supplier. Claims for refunds or replacement merchandise must be directed directly to the supplier. All Users further acknowledge and agree that the purchase and receipt of any credit package listed on the Platform that provides the ability to utilize Services such as live video streaming or any other service via the Platform constitutes value received at the point of the credit package purchase. StarCam does not provide refunds for unused credits for any reason. Further, StarCam is not obligated to offer a refund based upon a User’s personal success, or lack of success, when using the Platform or the Services. Dissatisfaction with the Platform or any Services offered within does not entitle a User to a refund. Nor are refunds issued due to Users’ failure to familiarize themselves with the functionality of the Platform, which may result in incorrect use of the Platform. This includes, but is not limited to, instances such as accidentally initiating undesired Services, closing a chat session prematurely, or other User errors. If You have any questions about the use of the Platform’s functions, contact support@StarCam.com. Users attempting to inappropriately secure refunds by initiating chargebacks after purchasing services or merchandise governed by the Terms, will be held responsible for all costs incurred by StarCam as a result of such chargebacks, including but not limited to, the initial purchase, processors’ fees, administrative costs and legal fees.
Limitation of Liability and Disclaimer
STARCAM CANNOT GUARANTEE NOR DOES IT WARRANT ANY SPECIFIC RESULTS FROM THE USE OF THE PLATFORM, THE SERVICES OR ANY PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM. THE PLATFORM, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE PLATFORM ARE PROVIDED AND MADE AVAILABLE FOR USE ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. ALTHOUGH STARCAM TAKES REASONABLE EFFORTS TO INSURE THAT IT DOES NOT INFRINGE ON INTELLECTUAL PROPERTY RIGHTS OF OTHERS, STARCAM MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF THE PLATFORM, SERVICES OR ANY PRODUCTS WILL NOT INFRINGE ANY PATENT OR ANY INTELLECTUAL PROPERTY RIGHT OF OTHERS. IN NO EVENT SHALL STARCAM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM AND SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS PARAGRAPH, THE TERM “STARCAM” INCLUDES STARCAM’s OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES, AND SUBCONTRACTORS. ALL USERS ACKNOWLEDGE THAT ANY COLLECTION AND COMPILATION OF DATA ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING INADVERTENT LOSS OR UNAUTHORIZED DISCLOSURE OF DATA OR DAMAGE TO MEDIA THAT MAY GIVE RISE TO LOSS OR DAMAGE. STARCAM WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS IN SERVICE, LOSSES OR DAMAGES OF ANY KIND, INCLUDING YOUR COMPUTER, STORAGE MEDIA, OR OTHER ELECTRONIC DEVICES WHATSOEVER.
USERS FURTHER ACKNOWLEDGE THAT EVEN THOUGH STARCAM MAINTAINS SPECIFIED PROHIBITED CONTENT AND PLATFORM PARTICIPATION POLICIES, DUE TO THE PUBLIC NATURE OF THE SERVICES PROVIDED ON THE PLATFORM, SOME USERS MAY BE EXPOSED TO MATERIAL THEY FIND OFFENSIVE. USERS RELEASE STARCAM FROM ANY RESPONSIBILITY FOR ENCOUNTERS WITH MATERIAL THEY MAY FIND OFFENSIVE.
STARCAM MAKES NO REPRESENTATION OR WARRANTY EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT ON THE PLATFORM FROM ANY SOURCE, INCLUDING REFERENCE SITES. THEREFORE, ALL USERS, FOR THEMSELVES, THEIR AGENTS, SUCCESSORS AND ASSIGNS, INDEMNIFY AND HOLD HARMLESS STARCAM, ITS AFFILIATES AND SUCCESSORS, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AND ASSIGNS FROM ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE AS A RESULT OF THE USE AND/OR INABILITY TO USE THE PLATFORM FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, REIMBURSEMENT FOR ALL REASONABLE ATTORNEY’S FEES INCURRED BY STARCAM RELATING THERETO. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF STARCAM FOR ANY CLAIMS, LOSSES, OR DAMAGES, INCLUDING NEGLIGENCE, ARISING UNDER THE TERMS OR THE SERVICES PERFORMED HEREUNDER, EXCEED THE GREATER OF 1) ONE HUNDRED DOLLARS ($100) OR 2) THE AMOUNT PAID BY YOU TO UTILIZE THE SERVICES OR THE PLATFORM DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM, WHETHER OR NOT STARCAM WAS PREVIOUSLY INFORMED OF ANY POTENTIAL LIABILITY. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY TO THE FULLEST EXTENT ALLOWABLE BY LAW IN THE APPLICABLE JURISDICTION(S) REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT STARCAM HAS OFFERED THE PLATFORM AND THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND STARCAM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND STARCAM. YOU ACKNOWLEDGE AND AGREE THAT STARCAM WOULD NOT BE ABLE TO PROVIDE THE PLATFORM OR THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND THAT THESE BARGAINS AND OTHER VALUABLE CONSIDERATION, INCLUDING BUT NOT LIMITED TO YOUR ACCESS AND USE OF THE PLATFORM, ARE SUFFICIENT CONSIDERATION FOR THE BOTH PARTIES ENTERING INTO THE TERMS.
Notice to Users
StarCam does not ascertain how current or accurate any of the information or images are that Members or any Users provide in profiles or other areas of the Platform. StarCam does not conduct independent individual or criminal background checks, or certify the information Users post on the Platform. THEREFORE, STARCAM MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED THAT THE INFORMATION CONTAINED WITHIN ANY USER’S PROFILE OR THAT THE INFORMATION PROVIDED BY ANY USER ON THE PLATFORM IS TRUTHFUL AND ACCURATE. StarCam expressly forbids Users that do not meet the eligibility requirements in the “Eligibility” section above from being Guests or becoming Members on the Platform. However, StarCam assumes no liability for any profile and account that may be deactivated due to information from any source that may incorrectly identify a Member or any User as ineligible to participate on the Platform or in the Services, whether the incorrect identification is due to electronic or human error. Additionally, StarCam assumes no liability as a result of individuals who supply false or misleading information to register as Members and gain access to Services in violation of the above stated policy. StarCam expressly warns all Users that undesirable individuals who supply false and/or misleading information may gain access to the Services. AS A RESULT, ALL USERS, FOR THEMSELVES, THEIR AGENTS, SUCCESSORS AND ASSIGNS, INDEMNIFY AND HOLD HARMLESS STARCAM, ITS AFFILIATES AND SUCCESSOR, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AND ASSIGNS FROM ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USER’S PARTICIPATION ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, REIMBURSEMENT FOR ALL REASONABLE ATTORNEY’S FEES INCURRED BY STARCAM RELATING THERETO, THE CONSEQUENCES OF WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, EXPOSURE TO IDENTITY THEFT, STALKING, CYBER BULLYING, HARASSMENT, FINANCIAL EXPLOITATION AND LOSS, PROPERTY DAMAGE, PHYSICAL AND EMOTIONAL ABUSE, BODILY INJURY OR DEATH, DEFAMATION, INVASION OF PRIVACY, APPROPRIATION OF NAME OR LIKENESS, FALSE LIGHT, INTRUSION UPON SECLUSION, UNREASONABLE PUBLICITY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT.
ALL USERS HEREBY ACKNOWLEDGE RECEIPT OF THIS “NOTICE TO USERS” AND AGREE THAT ALL RISKS ASSOCIATED WITH THE USE OF THE PLATFORM, STATED OR UNSTATED, KNOWN OR UNKNOWN, ARE THE SOLE RESPONSIBILITY OF THE USER.
You agree to indemnify and hold harmless StarCam, and its affiliates, parent, subsidiaries, related companies, suppliers, licensors, and partners and the officers, directors, employees, and agents of any of them from any and all third party claims, losses, obligations, liabilities, damages, and costs, including, but not limited to, reimbursement for all reasonable attorney’s fees incurred by StarCam relating thereto, arising from 1) Your use or misuse of the Platform or its Services, 2) Your violation of the Terms, 3) Your breach of any representation, warranty, or covenant in the Terms, 4) Your violation of the rights of any third party intellectual property rights, or 5) from any charges or complaints made by other Users against You. StarCam reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify StarCam and You agree to cooperate with StarCam’s defense of these claims. You agree not to settle any matter without the prior written consent of StarCam. StarCam will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Login ID and Password
During the registration process, Users will create a unique username and password that is associated with their new profile. You are solely responsible for maintaining the confidentiality of Your password, and are fully accountable for all activities that occur under Your account. You are prohibited from sharing Your password with any third party and from using Your password for any unauthorized purpose. You may not assign or transfer access privileges to any other person or entity. You agree to notify StarCam immediately upon learning of any unauthorized use of Your password or any other breach of security. You are solely responsible for any activity that occurs with Your password prior to Your notification of StarCam of any theft of Your password.
Users and unauthorized third parties are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, accessing data not intended for such User, logging into a server or account which the User is not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, breaching security or authentication measures without prior authorization, attempting to interfere with service to any User, host, or network by means of a virus, or any type of denial of service attack, sending unsolicited email, including promotions and/or advertising of products or services. StarCam is not responsible for the loss or misuse of any data or information that is obtained by unauthorized access or through the illegal acts of any User or third party. THEREFORE, ALL USERS, FOR THEMSELVES, THEIR AGENTS, SUCCESSORS AND ASSIGNS, INDEMNIFY AND HOLD HARMLESS STARCAM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FROM ANY AND ALL DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO REIMBURSEMENT FOR ALL REASONABLE ATTORNEY’S FEES INCURRED BY STARCAM RELATING THERETO, THAT MAY ARISE AS A RESULT OF ANY PARTY’S THEFT AND/OR MISUSE OF ANY DATA OR INFORMATION EITHER PERSONAL, FINANCIAL, OR OTHER DATA, THAT IS OBTAINED BY UNAUTHORIZED ACCESS OR BY ILLEGAL ACTS TO ANY PUBLIC ACCESS, LIMITED ACCESS, OR SECURED AREAS AND SERVERS OF THE PLATFORM. Violations of the system or network security may result in civil or criminal liability. StarCam will investigate occurrences that may involve such violations, and may involve and cooperate with law enforcement authorities to prosecute alleged User and unauthorized third party security violations.
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
All Users agree to waive their rights under any jurisdiction’s regulation or statute that attempts to refute Your agreement that StarCam is indemnified from any damages that may result from disputes among Users.
You may deactivate Your profile or participation on the Platform at any time. Unused Credits that are present in Your account are non-refundable and non-transferable whether You deactivate Your account voluntarily or StarCam exercises its unrestricted right to do so. After deactivation of Your use, certain sections of the Terms still apply as stipulated in the section entitled “Survival” herein.
Right of Deactivation
If StarCam determines a User is in violation of the Terms, at its sole discretion, StarCam may deactivate access to the User’s profile and account immediately. Additionally, StarCam may alter, suspend, or discontinue any Users access to, or alter, suspend, or discontinue any aspect of the Services in general at any time without notice and without any liability to You. Further, StarCam reserves the unrestricted right to deactivate any User’s profile, membership, and block any User’s access to the Platform at any time without notice or cause, without any liability to You. You should maintain Your own back-up copies of any materials posted to the Platform so that You have a copy thereof in the event such material is removed from the Platform.
U.S. Export Controls
The Platform is subject to U.S. Export Controls. You may not download or use the Platform’s software if You are located in, under the control of, or are a national or resident of any country to or from which the U.S. has embargoed goods and services or any country that is on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Denied Persons List. The following list of countries, that may have U.S. trade restrictions currently in place, is only intended as a general guide and may not be inclusive or current: Balkans, Burma/Mayanmar, Cote d’lvoire (Ivory Coast), Cuba, Congo, Iran, North Korea, Somalia, Sudan, Syria, and Zimbabwe.
International Laws and Regulations
All Users, domestic or international, are solely responsible for using the Services in compliance with the laws of the applicable jurisdictions. Users are responsible for using the Platform and the Services in a manner consistent with all applicable laws and regulations in the country within which You reside, the country to which You are communicating, and the laws of the United States. StarCam operates the Platform in accordance with the laws of the United States. Access to the Platform or any Content and materials thereon from territories where the access or use of the Platform or the Content and/or materials is illegal is strictly prohibited. If international Users are unsure if accessing the Platform and/or the use of the Services violates any local law, those Users should not passively access or actively utilize the Platform or the Services in any manner. If any international standards or regulations exceed United States standards or regulations, as may be the case with some European Union data protection standards, Users in said or like jurisdictions acknowledge that StarCam operates the Platform under United States law and therefore, such Users agree to waive any potential claims for damages based on the Platform not meeting the standard or regulation within the international jurisdiction that a User may reside. Use of the Platform is void where prohibited.
The Paragraph/Section Headings used in the Terms are for convenience purposes only, are not to be considered a part of the Terms, and are not intended to be a full and accurate description of the contents thereof.
StarCam will not be liable for any loss resulting from any cause beyond its control, including, but not limited to, failure of electronic or mechanical equipment, telecommunications networks, communication lines, telephone or interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, hurricanes, earthquakes, natural disasters, pandemics, strikes or other labor problems, governmental restrictions, or other matters beyond the reasonable control of StarCam. Further, StarCam shall not be responsible for any lost revenues, whether real or estimated, due to any business interruption whatsoever whether caused by any of the above or machine or human error even if StarCam has been provided with notice of such potential lost revenues.
System Maintenance or Other Technical Limitations
You acknowledge and agree that StarCam shall not be liable to You for any damages, including, but not limited to, lost income, for any service, connectivity or business interruption as a result of system maintenance or other technical limitations.
In case any one or more provisions contained in the Terms shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and the Terms shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
Users may terminate the Terms at any time as provided in the section entitled “Duration” herein. The provisions of the Terms that are intended to survive the termination of the Terms shall do so and remain in full force and effect following termination, including, but not limited to, the following sections: “Content and Intellectual Property Rights,” “StarCam Content,” “Patented Technologies,” “Member Content,” “Third Party Agreements,” “Merchandise,” “The ‘Marketplace’”, “Downloaded Products,” “Purchases and Fees,” “Refund Policy,” “Limitation of Liability and Disclaimer,” “Notice to Users,” “Indemnity,” “User Disputes,” “Duration,” and “Governing Law; Venue.” Any subsequent use of the Platform for any reason, whether passive or active, by any User after effecting termination automatically reinstates the Terms in their entirety at the time of access.
The Failure of StarCam to assert any right or enforce any provision of the Terms does not constitute an ongoing waiver of such right or provision. No portion of the Terms may be waived in any manner other than through a written instrument signed by an authorized representative of StarCam.
The Terms do not create an agency, partnership, joint venture, employee/employer, or franchiser/franchisor relationship between StarCam and any User.
Governing Law; Venue
The Terms shall be deemed for all purposes to have been entered into in the State of Florida in the United States. Users agree they are subject to the jurisdiction of the State of Florida and waive any right to defense for lack of jurisdiction. Venue for any and all disputes between a User and StarCam, including, but not limited to, any claims for violation of any statute, contract, tort or common law, shall lie exclusively in Pinellas County, Florida or the United States District Court, Middle District of Florida, Tampa Division. Users and StarCam agree to waive any claim for jury trial in any dispute between a User and StarCam. The Terms shall be governed by and construed in accordance with the Laws of the State of Florida. To the extent permitted by applicable law, all Users agree that if twelve (12) months elapse from the commencement date for any cause of action related to the use of the Platform without the action being filed, then the affected User(s) waives and forfeits any and all future rights to bring action related to said cause notwithstanding any other provision of state or federal law.
All inquiries regarding Platform functional questions or customer service issues should be directed to support@StarCam.com. StarCam may provide You with notices, including those regarding changes to the Terms, by postings on the Platform, via electronic mail, U.S. Mail, or overnight delivery by a nationally recognized delivery service. Notice sent via e-mail will be deemed given twenty-four (24) hours after such email is sent, unless StarCam is notified that the email address is invalid. Alternatively, StarCam may give You legal notice by mail to a postal address, if provided by You through the Platform. In such case, notice will be deemed given three days after mailing if sent via U.S. Mail or the day after delivery to an overnight delivery service if sent by an overnight delivery service.
In the event of any contradiction or disagreement in the terms, provisions, intent and/or concepts between the English text and any translation of the Terms, the English text shall take precedence and define the relationship of the parties.
The Terms constitute the entire agreement between You and StarCam relating to the subject matter herein and supersede any previous communications, representations, understandings, and agreements, either oral or written, between You and StarCam with respect to said subject matter. The Terms shall not be modified except as provided in the “Modification of the Terms” section herein or in a writing signed by an authorized representative of StarCam. No oral statements or electronic mail messages shall constitute a modification of the Terms. In the event You enter into any subsequent agreement with StarCam for any particular Services or pursuant to any future Guidelines, the provisions of such subsequent agreement or Guidelines shall govern only to the extent they are inconsistent with the terms in the Terms. In all other instances the provisions of the Terms shall govern.