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Celebrity StarChat Sign-up Acknowledgement And Terms of Use
TERMS OF USE © STARCAM® - 2008-2020 GENERAL TERMS Welcome to the StarCAM.com website (the “Website”) – http://starcam.com – and any and all products, services, applications, platforms, websites, or other affiliated ventures offered, controlled, owned or operated by StarCAM, Inc. (“StarCam®”) (collectively, the “Platform”). The following Terms of Use (the “Terms”) create a legally binding contract between you, either an individual customer, member or user, or a single entity, and StarCAM regarding your use of the Platform. Throughout these Terms, “StarCam®” and “We” refers to StarCAM, Inc. and its affiliates. “You,” “Your,” “Yourself,” and “Users” refers to you, our users and any person or entity who uses, subscribes to, publishes through, joins or uses the Platform, including, but not limited to, Guests, Members, StarCam® Celebrities, either separately or collectively, depending upon the context. BEFORE USING THE PLATFORM, PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS AND TERMS OF USE. BY ACCESSING, BROWSING, AND USING THE PLATFORM, EITHER AS AN UNREGISTERED VISITOR (A “GUEST”), A REGISTERED USER (A “MEMBER”), AN APPROVED CELEBRITY (A “STARCAM® CELEBRITY”) OR BY PASSIVELY VIEWING THE PLATFORM, FOR, BY WAY OF EXAMPLE AND NOT LIMITATION, VIEWING PROFILES, E-MAIL MESSAGING, LIVE INSTANT MESSAGING, LIVE VIDEO STREAMING, OR PURCHASING STARCAM® CELEBRITY SOUVENIRS AND/OR OTHER MERCHANDISE AND PRODUCTS (COLLECTIVELY, THE “SERVICES”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS, AND THAT YOUR USE OF THE PLATFORM WILL COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS AT ALL TIMES DURING YOUR USE OF THE PLATFORM. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OR THE AGREEMENT, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE PLATFORM. NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE PLATFORM IS NOT FOR PERSONS UNDER THE AGE OF 13. If You are under 13 years of age, then please do not use the Website and the Platform. You may receive a copy of these Terms by e-mailing us at Contact@starcam.com and identifying the subject line of the e-mail as “Terms of Use.” [NOTE – ESTABLISH ABOVE E-MAIL] • Organizational Use. 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 these Terms and (2) agree to be bound by these Terms on behalf of such Subscribing Organization. • Privacy Policy. StarCam® understands that privacy is important. By using the Platform, You expressly consent to the information handling practices described in the StarCam® Privacy Policy [PROVIDE HYPERLINK], which is expressly incorporated into these Terms and is made a part hereof. Your use of the Platform and any personal information You provide through the Platform are subject at all time to the Privacy Policy and these Terms. • 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 these Terms. • Modification of the Terms. StarCam® reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time and from time to time with or without specific notice to You other than through posting such modified Terms on the Platform. The Terms will be identified as of the most recent date of revision. Notwithstanding the preceding sentences, no modifications to these Terms will apply to any dispute between You and StarCam® that arose prior to the date of such modification. It is Your sole obligation and responsibility to periodically review all provisions contained in these Terms and ensure Your use is in compliance with the current terms and conditions contained therein. Therefore, please check these Terms and any Guidelines periodically for changes. Your continued use of the Platform after the posting of changes constitutes Your binding acceptance of such changes. If You are dissatisfied with the Platform, the content thereon, or the Terms, including the Privacy Policy, then You agree that Your sole and exclusive remedy is to discontinue any use of the Platform. • Lawful Use. The Platform may only be used for lawful purposes to form friendships through Starclubs™, Starblogs™, Group Chat and the many other online StarCam®™ Services provided for Member-to-Member communications; to have the opportunity to interact with Stars, Celebrities, Actors, and Models via Starcasts™, Starchats™, Starmail™, and other Services provided to facilitate Member-to-StarCam® Celebrity communications; to purchase StarCam® Celebrity’ souvenirs, memorabilia, or other merchandise and products appearing on the Platform from a third-party fulfillment house; and/or to use other services available from time to time on the Platform. StarCam® grants You permission to use the Platform as set forth in these Terms, provided that: (1) You use the Platform solely for Your personal, private, noncommercial use; (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 other than as may be reasonably necessary to use the Platform for its intended purposes; (4) You do not engage in any of the prohibited uses described below; and (5) You will otherwise fully comply with these Terms. • Eligibility. Guests and Members must have reached the age of majority in the jurisdiction within which they reside to have the legal authority to enter into these Terms, and thereby be eligible to view the Platform and/or participate in the Services provided via the Platform. It is Your sole obligation to determine if You have reached the age of majority in the state or country in which You live, or if Your individual circumstances alter the applicable age of majority for Your jurisdiction. Still being in High School past the age of 18, receiving child support, or other circumstances may affect Your ability to qualify for majority age in Your home jurisdiction. Generally speaking, the age of majority in the United States is 18. However, in Alabama and Nebraska the age of majority is 19 and in Mississippi and Pennsylvania the age of majority is 21. Internationally, the age of majority varies greatly. You should check with Your local government if You have any question about whether or not You have reached the age of majority in the jurisdiction of Your legal residence. By accessing this Website, You hereby attest that You have reached the age of majority in the jurisdiction within which You reside. Eligibility to use the Services available on StarCAM.com is denied to individuals who have been convicted of a felony or are convicted sex offenders. By accessing this Website, You hereby attest that You have not been convicted of a felony and/or are not a convicted sex offender. Additionally, by accessing this Website, You warrant that You have no existing obligations or restrictions in force that would prevent You from entering this Agreement. • StarCam® Celebrities. StarCam® Celebrities may or may not be majority age depending upon legal parental or guardian approval, authorized agency representation and/or other contractual factors. Eligibility to become a StarCam® Celebrity is at the sole discretion of StarCam®. The use of the term “StarCam® Celebrity” refers simply to the status of a Celebrity as a participant on the Platform and does not convey or infer any ownership interest in the business enterprise, the Platform, or Platform content. The participation of a StarCam® Celebrity on the Platform does not create an employee/employer relationship between the StarCam® Celebrity and StarCam®. StarCam® Celebrities are solely responsible for the services, merchandise, and content they provide on StarCAM.com. Qualifying criteria to become a StarCam® Celebrity may be entirely subjective or include specific requirements, the applicability and application of which are at the sole discretion of StarCam®. Each StarCam® Celebrity eligibility determination is made on a case-by-case basis and is not comparable or related to any other StarCam® Celebrity eligibility determination. The criteria utilized for consideration of a specific StarCam® Celebrity eligibility determination are confidential. StarCam® is under no obligation and will not disclose any information or circumstances regarding any StarCam® Celebrity eligibility determination. Actors, models, athletes, composers, directors, musicians, politicians, writers, and other individuals or groups who have attained recognition in the United States or internationally in their respective industries or professions, may be eligible to become StarCam® Celebrities. Generally speaking, individuals who have been accepted as members or received awards from professional organizations or associations such as the Screen Actors Guild, major modeling agencies, the Federation of Professional Athletes, the Nashville Songwriters Association, the Directors Guild of America, the American Federation of Musicians, past and present politicians who have been elected to State or Federal offices, and other like-recognized organizations or accomplishments, will be given consideration to become StarCam® Celebrities. There are many other considerations that may or may not pertain to StarCam® Celebrity eligibility such as sales of a candidate’s CDs or other artistic works, movie credits, professional awards, general public awareness, and other factors. The determination of those considerations and factors and the amount that each may be considered in determining StarCam® Celebrity eligibility, is at the sole discretion of StarCam®. Celebrities who would like to apply to become StarCam® Celebrities may complete the “StarCam® Celebrity Application” and forward it to: CelebrityApplications@starcam.com. However, the submission of an application does not establish any obligation on the part of StarCam® to respond to any application submitted and StarCam® will not respond to follow-up inquires involving previously submitted applications whatsoever. StarCam® will only respond to applicants with which StarCam®, at its sole discretion, is interested in pursuing a potential StarCam® Celebrity relationship. In addition to adhering to all the provisions of this Agreement, approved StarCam® Celebrities must agree to additional terms. StarCam® may, in its sole discretion, revoke the StarCam® Celebrity designation for any individual at any time and for any reason or for no reason, in StarCam®’s sole discretion. Any StarCam® Celebrity who engages in any behavior or activity or makes any comments, statements or gestures, which, in StarCam®’s sole discretion, may damage the reputation or business interests of StarCam®, its affiliates, other StarCam® Celebrities, the Platform or any business partner of any of the foregoing, may have their StarCam® Celebrity designation immediately revoked. StarCam® will not be liable to any StarCam® Celebrity for any damages, in law or equity, for any termination of StarCam® Celebrity designation. • Charitable Contributions. Each StarCam® Celebrity may designate a “Designated Charity” to share in the revenues generated by the StarCam® Celebrity’s participation on the Platform. The approval of Designated Charities is at the sole discretion of StarCam®. If desired, StarCam® Celebrities may change their Designated Charity from time-to-time, subject to StarCam®’s approval. Additionally, StarCam® Celebrities determine the percentage contribution that their Designated Charity will receive. A StarCam® Celebrity’s contribution to their Designated Charity is a percentage of the revenues received from "Non-Promotional Credits" that Members use to interact with StarCam® Celebrities and/or participate in StarCam® Celebrities events. "Non-Promotional Credits" are credits used by Members from credit packages purchased on the Website from which StarCam® actually received monies. StarCam® will credit the Designated Charities’ accounts accordingly. A Designated Charity must be a exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of the United States (26 U.S.C. § 501(c)(3)). • Content and Intellectual Property Rights. All Users acknowledge and agree that StarCam® may review and delete any messages, photos, profiles, video, or any other content supplied by Users that violate the “Prohibited Content Policy” and/or the “Website Participation Policy” stated herein, whether said content appears in a public or a limited-access area of the Website. All Users are solely responsible for the content that each User transmits to other Users on the Platform. All Users assume full responsibility and liability for any and all content each User provides for use or posts on or through the Platform. All Users represent and warrant that any content of any description that the User posts on the Platform will not violate any third party intellectual property rights including, but not limited to, copyrights, trademarks, 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. For example, if You intend to post a video containing other persons images and likenesses, You must have written permission from each person in the video prior to posting the video on StarCam®.com. If You create a video or take a picture with a protected trademark in the background or on somebody’s T-shirt, You must obscure the trademark or secure permission from the trademark holder prior to posting the video or the picture on StarCAM.com. You are prohibited from posting to the Platform any content the rights for which You do not own or have a valid license, consent, waiver and/or release. All Users agree to indemnify and hold StarCam® harmless from any and all liability that may arise from violations of third party intellectual property rights 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 incurred by StarCam® relating thereto. No author/publisher relationship exists between StarCam® and any User at any time. All Users acknowledge and agree that under Section 230 of the Communications Decency Act (47 U.S.C. § 230), StarCam®’s role is limited to that which the Act defines as an “interactive computer service” (“ICS”) and all Users’ participation is in the role which the Act defines as an “information content provider” (“ICP”). • StarCam® Content. The Platform is owned and operated by StarCAM, Inc. 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 provided by StarCam® (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 these Terms. You shall not acquire any right, title or interest to the StarCam® Materials, except for the limited rights set forth in these Terms. • Patented Technologies. Many of the underlying technologies and business model concepts supporting the functionally of the Platform are unique Patent Pending technologies and concepts. Patent Pending technologies may include, but are not limited to, the: Crediting System, Chat Bidding System, Performance Bidding System, Telephony Switching System, Media Interaction System, Display System, Photo Management System, Messaging System, and others. 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 his/her agreement not to copy or utilize in any manner, either personally or commercially, any of the Patent Pending technologies and concepts contained in the Platform, except as expressly provided for in these Terms. Any violation of this provision by any defined or undefined User shall be considered an infringement of intellectual property rights as well as a breach of these Terms Agreement and may subject the User to liability. StarCam® will, on its own behalf and in cooperation with any of its licensors, vigorously pursue violators for infringement, breach of contract, and/or all other remedies available by law. • Member Content. Members grant, and warrant they have the right to grant, a perpetual, 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 (content being any material in any form, format, or media, whether now known or hereafter developed, posted by Members on or through the Platform) without limitation throughout the universe in perpetuity, whether in original form or in combination with other content. Inherent in this grant by Members 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 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 recording artists, unions, guilds, performing rights organizations or any other entity is required from the exploitation of the content on the Platform. Members may remove their posted content 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 such Member content on any media utilized by StarCam® for retention and backup purposes in the ordinary course of business in perpetuity. • Prohibited Content Policy. The following Prohibited Content Policy defines the type of content prohibited on the Platform whether it appears in a profile, email 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 StarCAM.com. 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 the StarCam®™ brand or not in the interests of StarCam® or any of its business partners or other Users. Users who violate this Prohibited Content Policy or any other provision of these Terms may be banned from any current and future use of the Platform, and if appropriate, StarCam® may, at its discretion and within the provisions of the Privacy Policy, 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 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; • provides instructional information concerning illegal activities; • 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; • solicits passwords or personal identifying information from other Users for commercial or unlawful purposes; and • 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. • Website Participation Policy. The Website is to be used in an ethical, honest, and socially responsible manner. All Users who post content to any area of the Website do so with the understanding that in addition to a User’s participation being governed by all applicable provisions of these 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 Website 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 Website 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, 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 or commercial use of the Platform of any kind is allowed, other than that which is expressly authorized in these 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 these 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 these 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 these Terms. • No personal attacks, abusive or inappropriate communications (the determination of which is StarCam's sole right to determine) towards individuals, groups, Members, StarCam® Celebrities or StarCam.com 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 to waive any restrictions contained within the Privacy Policy and will supply law enforcement with any and all information that StarCam®, in its sole discretion, feels is appropriate, as provided for in 18 U.S.C. § 2702 (b)(8) and 18 U.S.C. § 2702 (c)(4) which allow for the disclosure of customer communication and records, “…if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency.” • Failure of StarCam® to enforce any provision governing participation on the Platform does not constitute a waiver of that provision. StarCam® reserves the right to further review any information or content that appears on the Platform, regardless of the amount of time that may have elapsed since it first appeared, and to reassess, at StarCam®’s sole discretion, whether the information or content is appropriate. If You feel any information or material on the Platform is in violation of any regulation or provision governing participation outlined herein, please contact: ContentAdmin@starcam.com. • Other Prohibited Uses. In addition to the other provisions of these 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 these Terms. Access to the Platform or any content thereon from territories where the access or use of the Platform or the content is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail and privacy; • 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 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 or any other means or 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. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform; • use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform; • use any framing techniques to enclose any trademark, logo or other StarCam® Materials without our express written permission. You agree not to use any meta tags or any other “hidden text” utilizing StarCam®’s name or trademarks without our 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. Content Disclaimer. You understand that when using the Platform, You will be exposed to content posted by Users and other content 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. 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 content 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 or third-party content, including, but not limited to, for any inaccuracies, errors or omissions in any content, any intellectual property infringement with regard to any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, electronically mailed or otherwise displayed or transmitted 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 these Terms or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with the use of any User submissions or other content, including any reliance on the accuracy, completeness, usefulness or legality of such User submissions or other content. • Removal of Content. Notwithstanding any other provisions of these 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). StarCam® respects the rights of copyright owners and this Website 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and • 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. 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 terminate 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 Website more than twice; provided, however, that StarCam® may terminate 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 Act for notice of claims of copyright infringement can be reached as follows: StarCam® Intellectual Property Counsel, Johnson, Pope, Bokor, Ruppel, & Burns LLP, 403 East Madison Street, Suite 400, Tampa, FL 33602. All information itemized 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. [CONFIRM ADDRESS] 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 StarCam® Celebrities 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 Users’ passive or active participation on the Platform or use of the Services. Users access the Platform and use any of the Services at YOUR OWN RISK. Further explanation of the limitations of StarCam®’s liability is contained in, but not limited to, the “Limitation of Liability and Disclaimer”, “Notice to Users”, “Indemnity”, and “Security” sections of this Agreement. • Safety Awareness. NOTICE: THIS WEBSITE DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS. 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 Users from fraudulent activities or cyber crime. StarCam® hopes that Users will use these recommendations as a starting point to develop their own safety protocols in the hope that so doing will promote a safe and enjoyable experience on the Platform. Whether You utilize some or all of the User themes available on the Platform and are interested in using them for keeping track of Your favorite Celebrities, general networking, establishing friendships, dating, or for other possible uses, 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 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 You are using 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, You should disregard the request and notify: ContentAdmin@starcam.com. Be aware that anyone who is able to commit identity theft can also falsify a dating profile. Remember, You don’t really know who they are. • Never post 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, 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 You are not 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 ok. • 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. 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 and upon logins after registration, Users may be requested to supply information for the profile pages on the Website. 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 "Website Participation Policy" herein and does not violate any third party rights. • Third Party Agreements. All Users acknowledge and understand that use of some of the Services available directly through the Platform or through links to third party websites may involve third party terms and conditions in addition to these Terms. For example, the use of Travel Services, the purchase of Merchandise, the download of audio products, and/or the purchase of other products and services available on or through the Platform, may involve acceptance by the purchaser or User of: a linked site’s terms and conditions and/or privacy policy, purchase and sale contract terms, licenses that limit use of product downloads, and/or other contractual obligations and understandings with third parties. Any and all such additional terms and conditions of any nature, form, or kind are in addition to and independent of these Terms. All Users acknowledge and agree that any agreement entered into with any third party is a separate agreement to which StarCam® is not a party. StarCam® assumes no obligations or liability, does not give any express or implied warrantees, does not represent the merchantability of any product or service, and does not guarantee any specific performance or results from the purchase of any product or service governed by any third party agreement. • Links. StarCam® or third parties may provide links on the Platform to other sites or content (“Reference Sites”). StarCam® has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Reference Sites or content linked to by the Platform. StarCam® provides links to You only as a convenience, and the inclusion of any link on the Platform does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. When You leave the Platform, our Terms and Privacy Policy no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites. • Travel Services. StarCam® provides access to Your travel arrangement needs. However, StarCam® is not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever by any air carriers, car rental companies, other transportation companies, hotels or other persons providing any travel or event related services or accommodations. All suppliers are independent contractors and are not employees or agents of StarCam®. THEREFORE, USERS ACCESSING TRAVEL SERVICES THROUGH THE WEBSITE, FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, HEREBY AGREE TO RELEASE AND HOLD HARMLESS STARCAM®, ITS AFFILIATES, AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AND ASSIGNS FROM ANY AND ALL LIABILITIES, INJURIES, DEATH, LOSSES, DELAYS, INCONVENIENCES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REIMBURSEMENT FOR ALL REASONABLE ATTORNEY’S FEES INCURRED BY STARCAM® RELATING THERETO, WHICH ARE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY INDEPENDENT CONTRACTOR, THEIR EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS. The User pays all fees associated with the arrangement of travel services directly to the independent contractor(s). If desired, travel insurance is the sole responsibility of the User utilizing the travel services. StarCam® is not responsible for or obligated to facilitate or participate in any booking changes, scheduling changes, refunds, or other services to which a User of the travel services may desire or may be entitled. Such arrangements are the responsibility of the User to arrange directly with the independent contractor(s). The relationship of the User and the independent contractor is separate and independent from this Agreement and is governed by the terms and conditions of the independent contractor. • Merchandise. StarCam® provides a portal on the Platform through which StarCam® Celebrities can 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. Only the StarCam® Celebrities or their fulfillment house, not StarCam®, is responsible to You. 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 Website. 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 PURPOSE, QUALITY, SAFETY, OR MERCHANTABILITY OF ANY ITEM OFFERED FOR SALE. • The “Marketplace”. StarCam® provides 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 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, directors, officers, employees, representative, agents, and assigns from any and all liability, including but not limited to, reimbursement for all reasonable attorney’s fees reasonably incurred by StarCam® relating thereto, that may arise out of, including but not limited to, 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 Website. • Downloaded Products. 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 StarCam.com, whether purchased products or “free use” items, is the sole responsibility of all Users. • StarChat™ Queue Bidding. 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 bidding credits from their StarCam® Member account. All questions submitted with no credits bid, enter the question “queue” in the last position or the bottom of the order. Bidding credits will raise a Member’s question in the queue in numeric order relative to the number of credits other Members have bid. However, the position of all Members’ questions in the queue remain dynamic and may change position (even after credits have been bid) due to other Members making subsequent bids to increase their questions’ positions in the queue. Once a bid has been attached to a question, the question will remain in the queue until: a) the question is answered by the StarCam® Celebrity (in which case the Member’s account will be debited (charged) the number of credits bid, b) 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 bid), or, c) 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 bid). Members may not remove questions from the queue that have bids attached to them. This is so no Member’s bid may unfairly induce another Member to bid credits which otherwise may not have been needed to reach a desired position in the queue. Therefore, Members should not bid 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 bidding, 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 bids prior to the end of a StarChat session. • StarCam® Performance Queue Pledging/Bidding. All applicable rules governing the bidding of credits in the StarChat Queue Bidding section apply to all Users bidding for position on the StarCam® live performance platform. StarCam® live 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 bid 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 bid towards raising the position in the performance queue will be debited (charged) to 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 bid and no refund will be available. All performances are subject to the Prohibited Content Policy, the Website Participation Policy, and all applicable terms contained in these Terms. Though all Users are solely responsibly for the content they present on StarCAM.com, 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 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 StarCam.com. However, StarCam® reserves the right to charge fees for services, merchandise, and other products available on StarCAM.com and reserves the right to change said fees, from time to time and at any time, subject to the Modification of the Terms provision, at its discretion. Purchases of services, merchandise, and products on the Website 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 Website. All purchases are governed and limited by the policies, procedures, and terms established from time to time by StarCam®. Some Services are only available by using StarCam® credits. StarCam® 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. 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. 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 StarCam.com 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 StarCam® Members can become VIP Members for a one-time nominal fee. VIP Status provides Members with unrestricted purchasing privileges, VIP services as they become available, and special VIP premiums and incentives sponsored by StarCAM.com 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: (i) 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.com VIP Customer Service, b) notify the issuing bank or financial institution, and c) file a police report with their local police department; (ii) 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 the no chargebacks will be initiated at any time in the future for such purchases; (iii) 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 (i) 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. • Refund Policy. All Users acknowledge that StarCam® is not obligated to offer a refund on any valid, properly executed order for any product or service. All Users hereby acknowledge and agree that dissatisfaction with the purchase of any merchandise through the Platform is the responsibility of the supplier and not StarCam®. 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 Website that provides the ability to utilize Services such as live video streaming or any other service through StarCAM.com 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 our LIVE Web Hostess or info@starCAM.com. Users attempting to inappropriately secure refunds by initiating chargebacks after purchasing services or merchandise governed by these 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, processor’s fees, administrative costs and legal fees. StarCam® will pursue reimbursement for all such costs utilizing all legal remedies available. • Limitation of Liability and Disclaimer. STARCAM® CANNOT GUARANTEE NOR DOES IT WARRANT ANY SPECIFIC RESULTS FROM THE USE OF THE PLATFORM OR THE SERVICES. THE PLATFORM AND SERVICES 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. STARCAM® MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF THE PLATFORM AND SERVICES 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 OF DATA OR DAMAGE TO MEDIA THAT MAY GIVE RISE TO LOSS OR DAMAGE. STARCAM® WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, DELAYS, AND/OR 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 WEBSITE 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 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 THESE TERMS OR THE SERVICES PERFORMED HEREUNDER, EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AMOUNT PAID BY YOU TO UTILIZE THE SERVICES OR THE PLATFORM DURING THE TWELVE (12) 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 THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE 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 THESE 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. • 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 Website. 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 WEBSITE IS TRUTHFUL AND ACCURATE. StarCam® expressly forbids Users that have been convicted of a felony, are a convicted sex offender, or are under the age of majority from becoming Members of the Platform. StarCam® also expressly forbids Users who are convicted felons, sex offenders, or who are under the age of majority to participate in Website Services. However, StarCam® assumes no liability for any profile and account deactivation due to information from any source that may incorrectly identify a Member or any User as ineligible to participate in Website 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 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 STARCAM.COM, 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. • Indemnity. 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 (i) Your use or misuse of the Platform or its Services, (ii) Your violation of these Terms, (iii) Your breach of any representation, warranty, or covenant in these Terms, (iv) Your violation of the rights of any third party intellectual property rights, (v) or 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 Us and You agree to cooperate with our 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. • Security. 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 security violations. • User Disputes. Users are solely responsible for their interactions with one another. StarCam® has no obligation to monitor any disputes that may arise between any Users but reserves the right to do so and cooperate with law enforcement in keeping with the Privacy Policy when appropriate. StarCam® is not responsible for the online or offline conduct of any User under any circumstances at any time in any location or jurisdiction. StarCam® reserves the right to deactivate any User’s profile and account if StarCam®, in its sole discretion perceives a User to be a threat to others. Users residing in California agree to waive California Civil Code § 1542 as a result of StarCam® hereby giving notice that Users herein are releasing StarCam® from any and all claims, known or unknown, that arise as a result of disputes between Users. 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. • Duration. You may terminate Your profile or participation in the Website at any time by selecting the "Terminate" link located within Your “My Account” page. Unused Credits that are present in Your account are non-refundable and non-transferable whether You terminate Your account voluntarily or StarCam® exercises its unrestricted right to do so. After termination of Your use, certain sections of these Terms still apply as stipulated in the section entitled “Survival” herein. • Right of Termination. If StarCam® determines a User is in violation of these Terms, at its sole discretion, StarCam® may terminate access to the User’s profile and account immediately. Additionally, StarCam® may alter, suspend, or discontinue any User’s 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 terminate 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 which the U.S. has embargoed goods or any country that is on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. 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: Afghanistan, Angola, Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, and Sudan. • International Laws and Regulations. In addition to the sole responsibility for complying with local age of majority 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® is a registered d/b/a in the State of Florida and operates StarCam®.com in accordance with the laws of the United States. 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 StarCam® not meeting the standard or regulation within the international jurisdiction that a User may reside. Use of the Platform is void where prohibited. • Paragraph/Section Headings. Paragraph/Section Headings are for convenience purposes only, are not to be considered a part of these Terms, and are not intended to be a full and accurate description of the contents hereof. • Force Majeure. StarCam® will not be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment, telecommunications networks, or 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. • Severability. In case any one or more provisions contained in these Terms shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. • Assignment. No User of any description or classification has any right of assignment of any rights or privileges granted herein. StarCam® has unrestricted authority to assign and sublicense any rights and licenses, in whole or in part, granted by these Terms or any addendum related hereto. • Survival. Users may terminate these Terms at any time as provided in the section entitled “Duration” herein. The provisions of these Terms that are intended to survive the termination of these 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, StarCam® Celebrity Content, Member Content, Third Party Agreements, Merchandise, The “Marketplace”, Downloaded Products, Purchases, Refund Policy, Limitation of Liability and Disclaimer, Notice to Users, Indemnity, User Disputes, Duration, and Governing Law. Any subsequent return access of the Platform for any reason, whether passive or active, by any User after effecting termination automatically reinstates these Terms in their entirety at the time of access. • No Waiver. The Failure of StarCam® to assert any right or enforce any provision of these Terms does not constitute an ongoing waiver of such right or provision. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. • No Agency. This Agreement does not create an agency, partnership, joint venture, employee/employer, or franchiser/franchisor relationship between StarCam® and any User. • Governing Law. This Agreement 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®. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. All Users agree that if twelve (12) months elapses 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. • Notices. All inquires regarding Website functional questions or customer service issues should be directed to the StarCam.com LIVE Web Hostess or info@StarCAM.com. Legal notices or inquires from regulatory agencies should be sent via U.S. mail to: StarCam® Counsel, Johnson, Pope, Bokor, Ruppel, & Burns LLP, 403 East Madison Street, Suite 400, Tampa, FL 33602. StarCam® may provide You with notices, including those regarding changes to these Terms, by postings on the Platform, via electronic mail, or by 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. • Entire Agreement. These Terms are the entire agreement between You and StarCam® relating to the subject matter herein and supersede and previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing signed by both parties or as permitted by these 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 inconsistent with the terms in these Terms. In all other instances the provisions of these Terms shall govern. Back to Top
I HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY CELEBRITY ACKNOLEDGEMENT & THE TERMS OF USE (THE "AGREEMENT").
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