These Terms of Service (“Terms”) govern the use of our website (Starprise.co) and any affiliated domains and websites, mobile application (“App“) owned by Starprise, and products and/or services from us, (collectively, the website, App, products and services referred to as our “Site“). In these, (“User”, “you” and “your“) refers to you as a user of our Site. (“We“, “us“, “ours” or “Starprise”) refers to Starprise AB and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders.
These Terms apply to Visitors, Talents and Users of our Site. By using our Site, you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use our Site.
2. CONDITIONS OF USE
2.1 Our Site enables you to purchase personalized video moments (including audio) (“Starprise Video”) from celebrities (“Talent”). Through our Site, you can submit a request for a Starprise Video to the Talent, you can request the Starprise video for you or for a third part that you identify as a recipient (“Recipient”).
2.2 The Talent has up to six days to fulfill or decline your request. Once your request is fulfilled by a Talent, your payment account will be charged the booking fee specified on the Talent’s profile page (“Talent Profile”) on our Site at the time you made your request. You may not return, exchange or refund a Starprise Video.
2.3 The Talent has sole discretion to determine how to fulfill your request and over the content of the Starprise Video created and may not follow your request exactly. We reserve the right to reject any request in our sole discretion.
2.4 Upon receipt of full payment for each Starprise Video you request, and provided that you are compliant with these Terms, the Talent hereby grants to you, in any and all media, whether now known or hereafter invented, a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Starprise Video for your own personal, non-commercial, and non-promotional purposes.
2.5 Starprise Videos are licensed and are not sold. You may not sell or re-sell your rights in any Starprise Video. You may only sublicense your rights as needed for you to use the Starprise Video and as permitted in these Terms.
2.6 You may only use the Starprise Video in accordance with these Terms. If you breach any of the provisions of these Terms, your license to the Starprise Video is terminated immediately. We may terminate all or part of your licenses at any time for any reason. We may also remove a Starprise Video from our Site at any time for any reason without any notice to you and at our discretion.
2.7 We reserve the right, at any time and without any notice, to revise these Terms at our discretion. You will be bound by any such revisions and as such, you are advised to check the Site from time to time and review the current Terms.
2.8 Additional Terms may apply to certain products and services offered through the Site, these will be made available for you to read in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless otherwise specified in such Additional Terms.
3. YOUR ACCOUNT AND REPRESENTATIONS
3.1 By visiting our Site or creating an account on our Site, you represent, warrant and covenant that: (i) you are at least 13 years old; (ii) that all materials of any kind submitted by you to us through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights; (iii) you have not been prohibited from using or accessing any aspect of our Site by us or under to any applicable law or regulation; (iv) you will comply with all of the terms and conditions, as revised from time to time, of any third party payment provider selected by us, and you are not on a prohibited list of that third party payment provider.
3.2 You must be at least 13 years old to use our Site. If you are under the age of 13 years old, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use our Site with permission from your parent or legal guardian.
3.3 You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We shall not be responsible or liable, directly or indirectly, in any way for any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of, or in connection with, your failure to comply with this condition.
3.4 You are responsible for your use of any Starprise Video, your account and our Site including representing and warranting that: (i) you will not use or authorize the use of any Starprise Video for any purposes other than personal, non-commercial, and non-promotional purposes; (ii) you will not violate any regulation, court order, or law, submit, post, share, or encourage action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable; (iii) you will not send unsolicited or unauthorized advertising or commercial communications, such as spam; (iv) you will not engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site; (v) you will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; (vi) you will not transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems.
3.5 You acknowledge and agree that the Starprise watermark on each Starprise Video must remain intact and you agree not to edit, change, modify, or remove the Starprise watermark from any Starprise Video or assist or encourage any third party to do so.
3.6 You acknowledge and agree that you have no expectation of privacy with respect to any material you submit or any Starprise Video you request.
3.7 You acknowledge that we have no control over the use or misuse of Starprise Videos by a Talent or a User of our Site or any other Recipient of the Starprise Video. Accordingly, the User and Talent alone are responsible for the content of any Starprise Video, and for resolution of any disputes between or among themselves. We are not liable for any loss or damage resulting from disputes, communications, or interactions between Users, Talents and/or other third parties.
4. TALENT’S RESPONSIBILITIES, RIGHTS, AND OBLIGATIONS
From time to time, a User of our Site may request one or more Starprise video from you through our Site. Your responsibility, rights and obligations towards the User and us are stated below:
4.1 Fulfill such a request within six days by recording the Starprise video using your mobile phone camera and uploading it on our site through your account.
4.2 You reserve the right to either: (i) accept the request and upload the Starprise Video; or (ii) decline the request within six days, after which the request expires.
4.3 We retain the right to reject or cancel any request from any User, remove your Starprise Video at any time for any reason, cancel the uploading of the Starprise Video for no reason. No payment will be made to you for any declined, cancelled, or unfulfilled Starprise Video request. We will not be held liable for any declined, cancelled or unfulfilled Starprise Video request.
4.4 Each Starprise Video will follow the general directions and requests of the User (for example, happy birthday message, wedding congratulations message). You have sole discretion over the content and the script of the Starprise Video. The length of the Starprise Video should be at least 30 seconds.
4.5 You agree that you will use your name (as an introduction), the name of the User who requested the Starprise Video and the name of any third party that the User identifies as a Recipient, unless otherwise specified in the User request.
4.6 You agree that you will make no statement in the Starprise Video that this Starprise Video is incomplete or cannot be completed.
4.7 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, in any way for any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of, or in connection with your interaction with the User. You also acknowledge that we shall not be held liable for any content that you produce as a result of, or in connection with your interaction with the User.
4.8 You agree to contact Users regarding Starprise Video only through our Site and will refrain from contacting Users in any other way unless receiving written permission to do so from Starprise.
4.9 In order to accept requests on our Site, you will need to register. By registering, you acknowledge and agree to provide true, accurate, current, and complete information about yourself as prompted by us.
4.10 You agree not to create any false identity or impersonate someone else. You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your account.
4.11 You acknowledge you are of age 13 or older (and, if between 13 and 18 years old, are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms); and you are of legal age to form a binding contract.
4.12 You agree and acknowledge that you will provide the following materials upon registering by uploading the following to your account: (i) high resolution images of yourself; (ii) your Site profile bio; and (iii) an introductory video of at least 15 seconds in length to let your fans know that they can book videos from you on our Site.
4.13 We will pay you 75% of the revenue received by Starprise for each Starprise Video that you created and delivered to Users that was initiated through our Site. You will set your own price for each Starprise Video provided that it is not less than U.S. $5 per Starprise Video.
4.14 At the end of each month, we will pay your outstanding balance through a payment method of your choice. We are not responsible for any transfer fees, commission, expenses or costs that are part of that transfer. It will be borne completely by you. If you do not provide us all required information for your preferred payment method, then you may not be able to receive the payments due to you. Starprise shall not be responsible or liable, directly or indirectly, in any way for any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of, or in connection with your inability to receive payments as a result of your failure to provide such information.
4.15 When you upload, submit, store, send, approve, or receive content and data, including your Starprise Videos and Talent Profile materials (collectively referred to as , “Talent Content”) to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented (including third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of, and otherwise use your Talent Content for the purposes of operating, developing and improve our Site, and to advertise, market, and promote our Site, you further acknowledge and agree that Starprise has no obligation to you in connection with any advertising displayed on or in connection with our Site, and no obligation to share any revenue received by Starprise as a result of any such advertising.
4.16 You hereby grant to the User and the Recipient of the Starprise Video a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the Starprise Video, in any and all media, whether now known or hereafter invented (including third party websites and platforms).
4.17 You acknowledge and agree that your relationship with us is not confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Site or submit any Talent Content does not place us in a position that is any different from the position held by members of the general public. None of your Talent Content will be subject to any obligation of confidence by us, Users, or third parties (including Recipients), and we will not be liable or responsible for any use or disclosure of any Talent Content.
4.18 You acknowledge and agree that we cannot restrict the use of your existing Starprise Videos by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) and we have no obligation to remove any other uses of your Starprise Videos (including from any third party websites and platforms).
4.19 You represent and warrant that you will not make any Starprise Video that is confidential or proprietary and no Starprise Video will contain or include any information that you do not have the right to disclose. We will not be responsible or liable for any use or disclosure of a Starprise Video, including any personal information of, or belonging to you or any third party.
All other rights in and to the Site, including, without limitation, all Intellectual Property (defined below) and any goodwill associated therewith, are retained by Starprise.
5. CHANGES TO OUR SITE
We enhance and update our Site often. We reserve the right to change, suspend / cancel, or discontinue any or all aspects of our Site at any time, and make modifications and alterations in any or all of the content and services contained on the Site with or without prior notice to you. If we change the website in any way, any Services purchased by you will be unaffected unless we inform you expressly to the contrary. Any changes made to the Site will be made at our discretion.
6. RESTRICTIONS ON USE OF MATERIALS
The ownership and/or copyright in the information, content, material and data displayed on this Site belongs to us or our licensors. No User or Talent may sell or resell the Services (including the Starprise Videos) to any person or make any other commercial use of the Services other than for its own personal non-commercial purposes for User or own personal commercial purposes for Talents. No User or Talent may delete or remove any copyright notices, watermarks, trademark notices or other security mechanisms contained in or on the Services, including the Starprise Videos as applicable. You are not allowed to copy, publish, reuse, distribute, transmit, license, sublicense, modify, transfer or use the content of our Site for public or personal or commercial purposes, including the text, images, logos, audio, videos, without our prior written consent. These terms will govern any upgrades provided by Starprise that replace and/or supplement the Site, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
7. INTELLECTUAL PROPERTY RIGHTS
You agree and understand that all logos, trademarks and service marks associated with the Site, the Site name and all graphic designs, style templates, topography rights, icons, programming code, and other graphic elements incorporated therein; and all right, title and interest in and to any other intellectual property or proprietary rights, including without limitation, all inventions, copyrights, trade secrets, patents, secret formulae, processes and know-how relating to or comprising the design, function, or operation of the Services, including the Site, in each case whether registered or not (Intellectual Property Rights) located on the Site are our property, or their respective licensors. Nothing contained on the Site shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property Rights, without our prior written consent or the third party that may own such Intellectual Property Rights. You hereby acknowledge and agree that any use of Intellectual Property Rights as displayed on the Sites, except as provided herein is strictly forbidden. Any unauthorized use of Intellectual Property Rights displayed on the Sites may violate copyright laws, trademark laws and any other laws applicable in this respect.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 You acknowledge and agree that your use of our Site is at your own risk and that our Site and all information materials and descriptions contained on the Site are provided on an “as is” and “as available” basis. The Site is not intended to provide complete descriptions of all terms, exclusions, conditions applicable to each and every Service offered through the Site. We make no warranty nor representation whatsoever that the information and materials contained on the Site or the content of any social media platform or third-party website linked to or integrated with our Site are suitable for your needs neither are complete, reliable or free from errors or inaccuracies.
8.2 You acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, in any way for any damages, losses, costs, expenses, or liabilities of any kind incurred or suffered by you or by any third party as a result of, or in connection with your purchase or purported purchase of any Services caused by: (i) our compliance with any instructions given or purported to be given by you relating to the purchase of the Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission; (ii) your inability to complete or effect any purchase due to system maintenance or breakdown/non-availability of any network; (iii) or any failure by us to perform any obligation or observe any term of these Terms if such failure arises from a failure of, or any unauthorized and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, warlike hostilities or war, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labor, delay in deliveries from sub-contractors, or any event generally outside our control.
We shall not be responsible in any way for any direct, indirect, special or consequential damages arising in any way from your purchase to any Service via the Site.
9. FEES AND PAYMENTS
The booking fees for a Starprise Video is specified on the Talent Profile on our Site at the time you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request.
Payments can be done using a valid credit or debit card through the third-party payment provider on our Site. You must provide our third-party payment provider with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by the payment provider). Our payment provider agreement governs your use of your credit or debit card, and you should refer to that agreement and not to these Terms to determine your rights and liabilities. You acknowledge and agree that we do not operate, own or control any payment provider. You also agree to immediately notify the payment provider of any change in your billing address (or other information) for the credit or debit card account you use for payment.
By providing your debit or credit card number and associated payment information, you agree that we may place a pre-authorization hold on your card and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no notice to or consent from you. Once the payment is made, a confirmation notice will be sent to you via email within 24 hours of receipt of payment. All orders are non-refundable unless the Service was not completed. Please allow for up to 45 days for the refund transfer to be completed.
We reserve the right to cancel your Starprise Video request if your payment method is declined or if you have previously been banned or removed from our Site for any reason. We also reserve the right at any time to change our payment procedures, including the payment provider.
Payments will be made in USD only. You shall not be entitled to set-off or withhold payment of any amounts due for any reason whatsoever.
10. DELIVERY OF SERVICE AND OWNERSHIP RIGHTS
10.1 Each Starprise Video is owned by the Talent who created it. However, the Talent, under Section (4.16) grants to you a license to use the Starprise Video as permitted under these Terms.
10.2 By submitting to Starprise, whether through our Site, a social media platform, or third party website, or otherwise: (i) any request (video, text, or otherwise) that you make to any Talent, (ii) any information concerning any Recipient, (iii) a reaction video, idea, intellectual property, publicity rights, Feedback, review, photo, video, email, text, post, or other communication, whether relating to you, or a third party ((i) and (ii) and (iii) each, individually, and collectively referred to as a “User Submission”). You grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented (including third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly reformat, publicly perform, publicly display, create derivative works of, and otherwise use your User Submission for the purposes of operating, developing and improving our Site, and to advertise, market, and promote our Site, you further acknowledge and agree that Starprise has no obligation to you in connection with any advertising displayed on or in connection with our Site, and no obligation to share any revenue received by Starprise as a result of any such advertising.
10.3 You represent and warrant that you either: (i) own all rights to any User Submission; or (ii) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to in any User Submission, to grant to us the foregoing rights. You will not make any User Submission that is confidential or proprietary and no User Submission will contain or include any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. Starprise will not be responsible or liable for any use or disclosure of a User Submission, including any personal information of, or belonging to, you or any third party.
10.4 We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site; and (ii) our trademarks, logos, and brand elements.
10.5 We reserve the right to decide whether any Starprise Video violates these Terms and may, at any time, without notice to you and at our sole discretion, remove such Starprise Video, block the violators from our Site, terminate their access, or take other appropriate action for violation of these Terms.
11. SEVERABILITY & WAIVER
11.1 If any provision of these Terms is held to be invalid, void or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision. Headings & section titles in these Terms are for convenience and do not define, limit, or extend any provision of these Terms.
The failure by Starprise to enforce any right or provision of these Terms will not prevent Starprise from enforcing such right or provision in the future and will not be deemed to modify these Terms.
11.3 In no event shall Starprise’s aggregate liability to you under this agreement exceed the greater of 100 euro or the amounts (if any) paid by you to Starprise during the previous twelve (12) months for the services giving rise to the claim.
11.4 Starprise and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:
- any loss or damage arising from:
- your inability to access or use the platform or any part or parts thereof, or to access any content or any external services via the Site;
- any changes that Starprise may make to the Site or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories;
- any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the Site, or any action taken as part of an investigation by Starprise or any relevant law enforcement authority regarding your use of the Site;
- any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;
- your failure to provide Starprise with accurate or complete information, or your failure to keep your username or password suitably confidential;
- any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or
- any loss of profits, or any loss you suffer which is not a foreseeable consequence of Starprise breaching these Terms of Service. A loss is foreseeable where it could be contemplated by you and Starprise at the time you agree to these Terms of Service, and as such do not include any indirect losses, such as loss of opportunity.
To the fullest extent permitted by applicable law, you hereby agree to defend, indemnify, and hold harmless Starprise and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: a) your breach of these Terms or the documents referenced herein; b) your violation of any law or the rights of a third party; or c) your use of this Site.
Your indemnification obligations under this Section will survive termination of these Terms for any reason.
13. JURISDICTION AND GOVERNING LAWS
These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Sweden, without regard to choice or conflicts of law principles.
Further, you and Starprise agree to the jurisdiction of Sweden to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes/claims relating to or arising in connection with them). Any potential dispute shall be settled in accordance with Swedish Law and at the District Court of Stockholm if Starprise chooses this as the forum for dispute settlement.
Starprise does not accept any codes of conduct as mandatory in connection with the services provided under these Terms.
14. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any modifications to this Agreement must be made in writing.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
15. ASSIGNMENT & TERMINATION
15.1 Starprise may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without prior notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Starprise. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Starprise. Any such requests of assignment of rights will be handled at the sole discretion of Starprise.
15.2 You may terminate this Agreement at any time by deleting your account.
15.3 If you have paid for your use of the Site or any services connected to the Site and terminate this Agreement, we are unable to offer any refund for any unexpired use.
15.4 Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Starprise, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests.
15.5 You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Starprise assumes no liability for any material that is irretrievably deleted following any termination of your account.
15.6 If you wish to delete your account, you will need to do so from your account page on the Site. You will find all the information needed to complete your deletion of your account under the section named “Settings”.
16. CONTACT US
If you have any questions concerning Starprise Service or the Terms, please contact Starprise Customer Service by email at firstname.lastname@example.org
Thank you for reading our Terms.
The effective date of these Terms and Conditions is 01/01/2020