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Starextras.com (hereinafter "Starextras" or “We” or “Us” or “Our”) offers a broad range of products through this website (hereinafter “Site”). Please review the following terms and conditions that govern the use of the Services offered on this Site (hereinafter “TOS” or “Agreement”). Please be advised that your use of this Site constitutes your agreement to follow and be bound by the TOS.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO AGREE TO THE SUBSCRIPTION OF STAREXTRAS SERVICE. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY WITH THE PERMISSION AND UNDER THE SUPERVISION OF THEIR PARENT OR THEIR LEGAL GUARDIAN.
StarExtras Services include providing internet exposure, networking, resources and tools to assist Our members match their individual talents with available listings. We strive to lead the way in advanced web features, data driven technology and ease of use. Our goal is to provide a premium service at a low cost to movie extras, and other talent. Starextras is not an employment agency, casting agent, agency, manager, producer or a production company. We do not attempt to nor do We procure, obtain, or retain employment, jobs, bookings, or castings for or on behalf of Our members. Starextras does not offer advice, managerial directions, or opinions on any castings, jobs, engagements or auditions. Starextras is not a photography studio or a photographer. Some information and content contained on the Site may have been or may be intended for entertainment purposes and thus the views and opinions which may have been or may be expressed therein are not necessarily those of Starextras.
A. Our Services.
starextras reserves its rights to add, change, modify, and or amend (hereinafter “Changes”) any Content (as defined in this section below) on this Site and the TOS without further notice. Please review the link to this page on regular basis for Changes. You acknowledge and agree that your continued use of this Site following any Changes shall constitute your acceptance of the Changes.
Services which may be performed under the various membership options pursuant to this Agreement may include but are not limited to web hosting, sub domain, matching assistance, fully featured messaging, entry in starextras talent search and talent matching tools, listings, including, audition listings, and booking notification (hereinafter “Services”).
B. Terms and Conditions of Service
1. Starextras is a public access general-purpose profile hosting web site and community for models, actors, photographers, agencies, or any other interested individual or talent related entities (“hereinafter “Artists”). Starextras provides a hosting service for person-to-person display, marketing, and communication on a professional level between models, photographers and agents. Starextras does not own or claim to own any personal profile content or images uploaded by individual users for individual promotion and presentation. It is the responsibility of the user to abide by this Agreement, all of the TOS,and site guidelines. Starextras uses various third party payment systems; each user is responsible to review and abide by the rules of those systems.
2. The Services and the Sites include bulletin boards and chat rooms which allow members to post information, provide feedback to Starextras and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, false, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. In addition you agree to not post information or correspondence that is not of a professional nature or which contravenes United States and international trademark or copyright laws and restrictions in any way. You will be responsible for, and agree to indemnify and hold harmless Starextras, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although Starextras and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions and bulletin boards on the Site, neither Starextras nor its affiliates is under any obligation to do so. Starextras reserves the right to change or modify profile information or message board postings as needed and without notice. You acknowledge and agree that Starextras and its affiliates do not control the information available on the bulletin boards and chat rooms and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or in any chat room are those of their respective authors who are solely responsible for their content. Starextras and its affiliates reserve the right, at their sole discretion, to edit, refuse to post, or remove any material, links, email addresses, images, and content submitted to, or posted on the chat rooms, bulletin boards, or profiles. Starextras has guidelines regarding posting of appropriate images, email addresses, content, and links. You agree to read and adhere to the guidelines as posted throughout the Site.
3. Starextras offers subscriptions to Star Level and Standard membership packages (hereinafter “Membership Packages”). Star Level Memberships Packages for a fee include full access to all of the features available on Starextras including web hosting, access to all Starextras member profile pages, sub domain, search gallery, matching tools, and messaging. Standard Membership Packages for free include full access to web hosting, access to Starextras Artist profile pages, sub domain, and photo gallery. Starextras also offers the option of a Featured mark with some Star Level membership packages where the profile baring the Featured mark will be displayed and featured on the Starextras.com home page and first search results in the Talent Galley section. The audition listing database is a free service provided to all users.
4. From time to time, Starextras users provide or post information listed in the audition database and Starextras cannot and does not warrant or guarantee the accuracy and validity of any such information provided or posted. We also offer, from time to time, free features to Our members, including free special offers (hereinafter “Special Offers”). Our audition listings (hereinafter “Listings”) are available for viewing to all users at all times free of charge. Each Sunday from the hours of 12:00 a.m. to 11:59 p.m., Pacific Standard Time, We offer access to the use of the application submissions services (hereinafter “Application Submissions”) to all members free of charge through Starextras’s audition listing database and auto-submission services section, regardless of the member status as Standard or Star Level. The Application Submissions are also made available at all times during a given Star Level subscription period as an additional convenience and reward to those members who subscribe to the following paid Services: web hosting, access to all Starextras member profile pages, sub domain, photo gallery, entry in Starextras's talent search and matching tools, and messaging. The Application Submissions are limited only to collecting application information from the requesting members and forwarding this information directly to the listing source. By providing the Application Submissions services, Starextras does not in any direct or indirect manner represent, purports to represent, conduct or purports to conduct, select or purports to select any applicants in connection with any listed auditions.
5. Starextras offers subscriptions to Membership Packages currently starting at a recurring monthly rate of $39.99 for the term of one year or at an annual lump sum rate of $99.95. From time to time, Starextras also offers a $1.99 3-day trial promotion (hereinafter “Promotions”). This 3-day trial automatically becomes a regular monthly subscription fee of $39.99 for a period not to exceed 1 year after the initial 3-day trial expires. Please refer to the cancellation instructions below if you do choose to cancel before the 3-day trial expires. All other Special Offers or Promotions, which may be offered from time to time, will resume billing once the time period for a Special Offer or a Promotion has expired. If you have selected a subscription to a Special Offer or Promotion you must cancel it before the date of its expiration to avoid charges for the the next billing cycle. Starextras uses various third party payment systems and each user is responsible to review and abide by the respective rules of those systems.
6. ALL SUBSCRIPTIONS ARE PART OF A SUBSCRIPTION INSTALLMENT PLAN AND ARE BILLED FOLLOWING THE LAST DAY OF A PARTICULAR SUBSCRIPTION PERIOD FOR A MAXIMUM OF ONE (1) YEAR STARTING WITH THE DATE THE SUBSCRIPTION IS PURCHASED. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. PLEASE NOTE THAT ONCE YOU HAVE BEEN BILLED AND SERVICES HAVE COMMENCED FOR THAT BILLING CYCLE, YOUR FEE FOR THAT BILLING CYCLE IS NON-REFUNDABLE AFTER 10 DAYS. NO REFUNDS WILL BE GIVEN FOR CANCELLATIONS AFTER THE 10-DAY PERIOD TO CANCEL EXPIRES. IF YOUR BANK DECLINES A CHARGE YOU ARE STILL RESPONSIBLE FOR SUBSCRIPTION CHARGES UNTIL YOU CANCEL THE RESPECTIVE SUBSCRIPTION. WE RESERVE THE RIGHT TO CHARGE YOU INTEREST AT THE RATE OF 10% ON ALL PAST DUE ACCOUNTS. WE ALSO RESERVE THE RIGHT TO REASONABLE LEGAL FEES FOR COLLECTION EFFORTS.
7. To cancel a subscription to the Membership Packages or to remove your profile online simply go to http://starextras.com/cancellation_form_n.php, or send a written request including Username, User I.D., and password to: StarExtras, 2885 Sanford Ave, #13913,
Grandville, MI 49418
NOTE: IF PAID WITH PAYPAL, PLEASE INCLUDE THE PAYPAL EMAIL ADDRESS USED.
8. You must notify Starextras about any billing problems or discrepancies within 30 days after they first appear on the statement you receive from your bank or credit card company. If you do not bring such problems or discrepancies to our attention within 30 days, you agree that you waive the right to dispute such problems or discrepancies with Starextras.
9. Upon request from the user or member, Starextras will remove all internet listings, photographs, and content about the user or member within 10 days of a request. To make such a request, you may write us, call the number listed, or send an email as indicated at the bottom portion of this Agreement.
10. Any communications or materials you post or transmit concerning the Services and/or to the Site are, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Starextras and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
11. Starextras and its affiliates do not review or monitor any web sites linked to the Services or from personal profiles on this Site. When clicking links to personal pages from Starextras all users and members of the system acknowledge that Starextras is not responsible for the accuracy or content of those links. You agree to not post URL\'s and other web links in any form, into your personal home page section, or the main profile page as links or text, that lead to adult or pay sites. Starextras reserves the right to remove from its Site any references or profiles containing adult websites or pay websites without notice. Additionally certain links to websites, as determined from time to time by Starextras, or the use of links and web addresses, or the use of HTML formatting and scripting in certain profile types as determined by Starextras, may not be permitted within the profile or as an acceptable use of the personal home page link or as profile content. Starextras is under no obligation to provide exposure to competing websites through links or other methods in profile and may remove any such links at its sole discretion, and without notice. The Starextras referral system is intended for work related offers and general inquires related to or leading to work or further opportunities. Promotion of services and goods is not an appropriate use of the referral system. Starextras permits one main member profile per person. Managers, agents, and photographers who have been authorized to post on behalf of their clients may control model and actor profiles in addition to their manager, agent or photographer profile.
12. The promotion and recruitment of escorts, escort services, personal companions, and like services are contrary to the purposes of Starextras, and will not be tolerated in any fashion. Soliciting for, recruiting, or offering the services of escorts on this Site is strictly prohibited. Profiles that are used for the solicitation or promotion of escort services in any way will be immediately disabled. This includes (but is not limited to): use of the referral system, hyperlinks to external websites promoting escorts, URLs (web addresses) promoting escorts and any other activity that Starextras deems as solicitations, promotions, or like offers.
13. Starextras has a stated policy regarding the posting of sexually explicit images to its web pages. Sexually explicit images are not permitted on this Site. Sexually explicit images include but are not limited to images of sexual intercourse, obvious states of sexual arousal, or overt sexual positions (including noticeably visible - genitalia). Failure to adhere to this restriction will result in the removal of the images, and the disablement of that member profile. Consistent misclassification (rating) or categorization of images may result in the forced setting of ratings and gross violations may result in the removal of your profile. You acknowledge and agree that you will forfeit any refund and no refund will be given if your profile is removed for breach of this section of the TOS.
14. Starextras does not support bandwidth theft, the linking of images from Starextras to other websites, or the misuse of links from other websites to Starextras. Anyone discovered linking images from Starextras to other websites, copying content from Starextras, or inappropriately linking to Starextras (for example to increase their views through the use of hidden frames, or using programs to artificially raise page views, etc.) will result in permanent removal from Starextraswithout further notice and may necessitate the notification of the appropriate state and/or federal authorities.
15. You should be aware that if you voluntarily disclose personal information (such as your user name, password, any address, including, but not limited to your email address, telephone numbers, etc.) on a bulletin board or in a chat room, that information can be collected and used by others and may result in unsolicited messages from other parties, and shall therefore be the sole responsibility and liability of the poster who assumes the risk.
16. As a member of Starextras you will receive regular email updates and will be contacted by other system members seeking to work with you. You may also receive occasional email from the Starextras. As new features or member programs and promotions are developed and launched you may be informed through the postings to the Site or by email. We endeavor to limit email contact as much as possible from the system administrators, however, when email is sent and returned with a bad email address, we will attempt to locate a correct address from any linked website, If we are unable to verify your current email address or contact information your profile may be disabled. If you discover your profile has been disabled due to bad contact information, please contact us with the correct information and we will re-activate your profile.
17. This user Agreement and any disputes arising out of or related to the Services and the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Your usage of, or your posting to, this Site constitutes your agreement to these TOS.
18. Starextras is committed to catching pedophiles and anybody stalking minors. We encourage and support law enforcement officials in apprehending such individuals. If you are seeking to use this site for any illegal purposes (especially for purposes harmful to children) you will be caught and referred to proper legal authorities.
YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR OWN RISK. NEITHER STAREXTRAS, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES AND THE SITE AND THE INFORMATION AVAILABLE ON THE SERVICES AND THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICES AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST STAREXTRAS, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICES AND THE SITE AND THE INFORMATION AVAILABLE THEREON.
C. Account Security
Upon approval of your registration application, each member will receive a password and account designation or username identification.. You are responsible for maintaining the confidentiality of your password, the content of your account, and all activities that occur under your password and account. You agree to (a) immediately notify Starextras of any unauthorized use of your password or account or any other known breach of security, and (b) ensure that you exit from your account at the end of each session. Starextras will not be liable for any loss or damage arising from unauthorized use of the username and/or password for your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for immediate termination of your account.
D. Disclaimer of Warranty
The Services and the Site may contain information, facts, and opinions from various individuals or organizations. Neither Starextras nor any of its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the Services or the Site made by any user or member. The Services, including all listings, auditions, casting information and all other products and services available through Starextras and its Site are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of title or implied warranties of merchantability and fitness for a particular purpose, all of which are hereby expressly disclaimed to the fullest extent of the law. By entering into this Agreement, you expressly acknowledge and agree that Starextras does not represent its members in obtaining nor guarantees or promises or purports to guarantee or promise any specific results or outcomes with respect to income, jobs, employment, casting, and auditions as a result of its members’ use of or reliance on the Services offered on the Site.
E. Arbitration of Disputes
PLEASE READ THIS PROVISION CAREFULLY, IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, AN ARBITRATOR INSTEAD OF A JUDGE OR JURY RESOLVES A DISPUTE. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between you and Us (or made by or against anyone connected with you or Us, or claiming through you or Us) arising form or relating to your membership, including claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement any Claim regarding the validity or enforceability of the arbitration provision shall be governed by the laws of the State of California without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9U.S.C. 1-16 (FAA), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed. All claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, including claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and We retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the claim.. The arbitration shall be conducted before a single arbitrator applying to the claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the claims between you and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any claim on a class action or representative basis. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the American Arbitration Association (hereinafter “AAA”) at www.adr.org and claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Los Angeles County, California, unless you chose to have the hearing take place in the federal judicial district that includes your billing address at the time the arbitration claim is filed. This arbitration provision applies to all Claims now in existence or that may arise in the future.
F. Violation of Terms and Liquidated Damages
Please report any abuses or violations of the TOS, by emailing to: starextras@gmail.com
Our inaction with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Starextras to pursue legal action to enforce the TOS, you will be liable to pay Starextras the following amounts as liquidated damages, which you accept as reasonable estimates of Starextras's damages for the specified breaches of the TOS:
1. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person\'s explicit consent, you agree to pay Starextras one thousand dollars ($1,000.00) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
2. If Starextras establishes limits on the frequency with which you may access the Services, or terminates your access to or use of the Services, you agree to pay Starextras one hundred dollars ($100.00) for each violation in excess of such limits or for each day on which you access Starextras in excess of such limits, whichever is higher.
3. If you send unsolicited email advertisements to Starextras members through any of Starextras’s websites or computer systems, you agree to pay Starextras twenty five dollars ($25.00) for each such email.
4. If you post any content in violation of the TOS, other than as described above, you agree to pay Starextras one hundred dollars ($100.00) for each item of content posted. In its sole discretion, Starextras may elect to issue a warning before assessing damages.
5. If you are a posting agent that uses the Services in violation of the TOS, in addition to any liquidated damages under the preceding clause 4, you agree to pay Starextras one hundred dollars ($100.00) for each and every item of content posted in violation of the TOS. A posting agent will also be deemed an agent of the party engaging the posting agent to access the Services (the "Principal"), and the Principal (by engaging the posting agent in violation of the TOS) agrees to pay Starextras an additional one hundred dollars ($100.00) for each item of content posted by the posting agent on behalf of the principal in violation of the TOS.
6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content (except for your own content) in violation of the TOS without Starextras's express written permission, you agree to pay Starextras three thousand dollars ($3,000.00) for each day on which you engage in such conduct.
Otherwise, you agree to pay Starextras's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOS, Starextras retains the right to seek the remedy of specific performance of any term contained in the TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOS, or any combination thereof.
You can also select all(ctrl+a) to copy(ctrl+c) and paste(ctrl+v).
ALLEGED COPYRIGHT INFRINGEMENT Website Notice - Designated Agent PLEASE BE ADVISED THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES AND CRIMINAL PENALTIES.
ANY INQUIRIES OTHER THAN RELATED TO THE DMCA WILL BE DELETED.
As required by the Digital Millennium Copyright Act of 1998 (!7 U.S.C. 512 (c), all notifications of claimed copyright infringement regarding Websites hosted by Starextras should be sent ONLY to our designated agent.
Starextras.
2885 Sanford Ave.
Suite 13913
Grandville, MI 49218
starextras@gmail.com
If you believe a Website linked by Starextras., or image infringes a copyright, you must provide the following information to the contact identified above ( 17 USCA § 512 et al., as amended):
A physical or electronic signature of the copyright owner or authorized agent; Identification of the copyrighted work(s) claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information regarding how we may contact you (for example, mailing address, telephone number, E-mail address); A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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