Terms & Conditions
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I. Introduction

 

Joining StarCrews is free and User’s have 100% ownership of their trademarks, company names, and products. With that said, thank you for joining the revolution in the media. Because our revolution is of unification, we have set up these Terms of Use to keep order. So please be advised that by using the Services offered by StarCrews, in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

 

II. Purpose

 

The mission of StarCrews is to unify independent artists, industry professionals, and media companies together to form the first independent media conglomerate. We aim to connect the independent production movement together and enable them to fund their projects, hire talent, and manage their production company.

To achieve our mission, we provide services through our website that enables users to build their media company, put deals together and negotiate contracts.

We also enable certain users (“Heads of Crew”) to make payments to their employees as well as receive payments, and run campaigns to fund creative projects by offering rewards to raise money from other users (“Funders”)

StarCrews offers Service that enables various content available, including, but not limited to, Photographs, videos, artwork, images, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Heads of Crews, Funders, and other visitors to and users of the Service (collectively, “Users”) may contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.

 

III. Acceptance of Terms amd Conditions of Use

 

A. By visiting or using the StarCrews website ("StarCrews.com") or by accessing or using any service or product offered through the StarCrews website (the "Website") you have acknowledged agreement to (1) these Terms and Conditions and (2) the StarCrews Privacy Policy.

B. We may update, revise, or otherwise change these Terms and Conditions or the Privacy Policy without notifying you. As StarCrews may, in its sole discretion, modify or revise these Terms and Conditions and the Privacy policy at any time, your continued use of the Website will indicate your continued agreement with the Terms and Conditions and Privacy Policy. We encourage you to review these Terms and Conditions and the Privacy Policy from time to time to become aware of any changes that may affect you.

C. You have acknowledged that you (the user) are 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into any and all terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and that you will abide by and comply with these Terms and Conditions

 

IV. StarCrews Services

 

A. The Terms and Conditions and the Privacy Policy applies to all users of any of the services

provided by, contributed to, or accessed from the Website, including users who contribute content to the Website. "Content" includes, but is not limited to, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, and interactive features through which other materials may be viewed, accessed or contributed to StarCrews. The Terms and Conditions apply to all aspects of the Website which StarCrews provides to its users and audience.

 

B. Our services may provide links to third party websites that are not owned or controlled by StarCrews. StarCrews has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such Linked Third Party websites. StarCrews will not and cannot censor or edit content from Linked Third Party sites. By agreeing to the Terms and Conditions of this Website, you relieve StarCrews from any and all liability arising from your use of any Linked Third Party website, and any other website that is not owned or controlled byStarCrews. We encourage you to read the terms and conditions and privacy policies of every website visited

 

V. Content Submission

 

A. By submitting content to the Website you have agreed that StarCrews may: (i) use, distribute, duplicate, and exhibit the submitted content (including without limitation the right to use, license and authorize others to use the name, physical likeness and voice of any person appearing in or rendering services in connections with the submission) for commercial and advertising purposes;


 (ii) license the rights to StarCrews's authorized agents and licensees; and (iii) convert and configure the submitted content to meet format requirements of the site; Nothing contained herein shall be interpreted as StarCrews having the intent to change or alter any material's meaning or substance when submitted.


B. By using our site and submission of any Content you acknowledge that you are the owner, or a representative of the owner, of such Content and are authorized to submit the Content and own all rights associated with the Content or have been granted the right from owner to submit the Content to StarCrews under the conditions of these Terms and Conditions. While you own your Content, you grant StarCrews a world-wide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, copy, prepare derivatives of, display, and perform your Content in any format, manner, or place of StarCrews's choosing. You also grant such a license to users of StarCrews's service.

C. StarCrews does not pay and will not be responsible for payment of royalties for Content submitted without the approval of its source or owner. By submitting content you have acknowledged you are the owner of the Content, or the owner's representative, and have permission to use and submit the Content. If not then you will be held solely responsible for the consequences of your actions. You will not submit Content which contains any copyrighted or trademarked material or material to which another person has proprietary rights unless you have the express permission of the owner of such Content or are otherwise legally entitled to do so.


D. StarCrews owns or licenses the content, trademarks, service marks, and logos on the Website.


 E. All content submitted to and displayed on the Website is provided to you AS IS. You agree that you shall not download any content unless there is a "URL" or "share" link displayed on the StarCrews Website in association with the content. You cannot copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit any content provided by the Website without prior consent from StarCrews or its licensors.

F. Contingent upon StarCrews being notified in writing by a content owner or licensor, StarCrews removes from the Website any content that is not authorized to be publically displayed or used. Once written notification has been received by StarCrews, such content will be removed within 24 - 48 hours.

G. You agree that you will not tamper with security features of the Website. StarCrews may terminate any and all agreements with a user with evidence of the user's tampering with the security features. Tampering with the security features may also result in legal action.


H. StarCrews assumes no responsibilities for any Content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against StarCrews arising out of or relating to your use of this Website. You also agree to indemnify and hold harmless StarCrews and its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website.


VI. Privacy Statement

 

A. Access to some features of the Website requires a StarCrews account. When creating an account you are obligated to provide accurate and complete information. You are fully held responsible for any activity that occurs under your user name and password. StarCrews encourages you to keep your password secure. If you experience a breach of security, notify StarCrews immediately.


B. StarCrews will not be liable for your losses caused by unauthorized use of your account, but you may be liable for the losses of StarCrews or other unauthorized use.


VII. StarCrews Use of Content or Services

 

A. You agree not to distribute any content or service without the prior consent of StarCrews and its licensees, unless provided through functionality offered through the Website, such as a content player that provides content streaming by embedding the content player as an Embeddable Player service of the Website.

B. You agree not to alter or modify any content or services provided by StarCrews.

C. StarCrews grants access by way of one or more services of the Website including without limitation, the Embeddable Player and other authorized services we provide.

D. You agree not to sell any content or service provided by StarCrews unless given written authorization from the owner(s) of the content.

E. You agree not to participate in any solicitation or unauthorized accumulation of any information provided by StarCrews, displayed on the Website, or from Linked Third Party websites, including, without limitation, user-posted comments, email messages, and user profile information.

F. StarCrews reserves the right to terminate any use of the Website by any user that violates these Terms and Conditions.

G. Users are granted the ability to upload their own content or material for their own business or artistic purpose.

H. Users are permitted to display StarCrews videos using one or more services provided by StarCrews, including the Embeddable Player, so long as such service is not tampered with when provided by StarCrews.

I. User profile information, including a user's password and profile information, is the responsibility of the user.


VIII. Fundraising and Commerce

 

StarCrews is a platform where Heads of Crews run campaigns to fund creative projects by offering rewards to raise money from Funders. By creating a fundraising campaign on StarCrews, you as the Head of Crew (Project Creator) are offering the public the opportunity to enter into a contract with you. By funding a fundraising campaign on StarCrews, you as the Funder accept that offer and the contract between Funder and Head of Crew is formed. StarCrews is not a party to that agreement between the Funder and Head of Crew. All dealings are solely between Users.

By funding or creating a fundraising campaign on StarCrews, you agree to be bound by this entire Agreement, including the following terms:

  • Funders agree to provide their payment information at the time they fund a campaign. The payment will be collected at or after the campaign deadline even if the amount of money funded as of the deadline is not at least equal to the fundraising goal. The amount Funders donate is the amount they will be charged.
  • Funders consent to StarCrews and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full donations at any time between the donation and collection of the funds.
  • Funders agree to have sufficient funds or credit available at the time of donation to ensure that the donation will be collectible.
  • Funders may not increase, decrease, or cancel their pledge at any time during the fundraising campaign, or at its end.
  • The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Head of Crew hopes to fulfill by.
  • Heads of Crew agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
  • For all campaigns, StarCrews gives to the Head of Crew each Funders Name, Home Address, and Email Address.
  • For some rewards, the Head of Crew needs further information from Funders, such as a mailing address or t-shirt size, to enable the Head of Crew to deliver the rewards. The Head of Crew shall request the information directly from Funders at some point after the fundraising campaign is successful. To receive the reward, Funders agree to provide the requested information to the Project Creator within a reasonable amount of time.
  • StarCrews does not offer refunds. A Head of Crew is not required to grant a Funder’s request for a refund unless the Head of Crew is unable or unwilling to fulfill the reward.
  • Heads of Crew are required to fulfill all rewards of their successful fundraising campaigns or refund any Funder whose reward they do not or cannot fulfill.
  • In refunding, Heads of Crew are responsible for including any fees to the Funder no more than the amount that the Funder initially funded
  • Heads of Crew may cancel or refund a Funders’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
  • Because of occasional failures of payments from Funders, StarCrews cannot guarantee the receipt by Heads of Crews of the amount donated minus fees.
  • StarCrews and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
  • StarCrews reserves the right to cancel a donation at any time and for any reason.
  • StarCrews reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. StarCrews is not liable for any damages as a result of any of those actions. StarCrews’s policy is not to comment on the reasons for any of those actions.
  • Heads of Crew should not take any action in reliance on having their project posted on the Site or having any of the money donated until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising campaign and access to the funds.

StarCrews is not liable for any damages or loss incurred related to rewards or any other use of the Service. StarCrews is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. StarCrews does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release StarCrews, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

 

IX. Fees and Payments

 

Joining StarCrews is free and User’s have 100% ownership of their company names, and products. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.

Funds pledged by Funders are collected by Paypal. StarCrews is not responsible for the performance of Paypal.

 

X. Termination or Modification of the Website

 

A. We may, at any time and without notice or penalty, restrict access, in whole or in part, to the Website.

B. We may, at any occurrence of a user's violation of these Terms and Conditions, terminate the user's access to the Website.

 

XI. User Content and Conduct

 

A. As a user of the Website, you shall not violate any applicable local, state, national, foreign or international law, statute, ordinance, rule or regulation.

B. You shall not assume the identity of another user's profile without their consent.

C. StarCrews does not encourage or condone any reenactment of stunts, pranks, or actions from its videos. Reenactment of anything from the materials obtained from StarCrews will be at the user sole discretion.

D. You shall not upload, post, transmit, publish, or distribute any materials or information that does not belong to you unless otherwise granted authority from the owner of the content.

E. You shall not use the site to impose harm or threats on the users, staff members and owners of StarCrews.

F. You shall not upload any technology that will disrupt or fault the efficiency of the Website function, such technology including, without limitation, viruses, trojans, and any other harmful components of that nature.

G. You shall not upload to, post on, transmit to, publish on, link to, or distribute to the Website any materials or information that may defame the StarCrews or the Website. Materials and information to which this applies includes, without limitation, pornographic content, indecent content, defamatory content (libelous or slanderous materials), insulting racial or ethical content, expressions of hateful words, and spam of technological discrepancy.

H. StarCrews does not guarantee any confidentiality with respect to any content, including without limitation, audio, video, and textual content, submitted by any user.

I. StarCrews does not support or endorse any content, opinions, or comments submitted by its user. You agree that StarCrews is free of any liability associated with user-submitted content on the Website. To the extent known by StarCrews, content that is submitted in violation of intellectual property rights will be removed from the Website.



XII. Content Submitted

 

A. StarCrews does not pre-screen or control forum information on the Website.

B. StarCrews does not support or endorse any forum or forum information submitted on the Website.


C. StarCrews understands and supports freedom of speech. We will not grant complaints or requests for removal of content on the Website believed to be deficient.StarCrewswill take complaints or requests for removal of content into consideration but act only if we feel necessary inStarCrews's sole discretion.

 

XIII. Intellectual Property Rights

 

A. As a user, you agree not unlawfully acquire any rights to any materials or information from the site.

B. Any unlawful acquisition of materials from the Website that is proprietary to StarCrews and/or its licensors and suppliers is considered a breach of these Terms and Conditions.

 

XIV Digital Mellennium Copyright Act

 

A. If you are a copyright owner or an agent thereof and believe that any Content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1.) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2.) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3.) 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 reasonable sufficient to permit the service provider to locate the material; (4.) Information reasonable sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5.) A statement that you have 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 (6.) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

StarCrews's designated Copyright Agent to receive notifications of claimed infringement is Hugh Longman, 800 North Broad Street Elizabeth New Jersey 07208, and

hugh.longman@gmail.com. Only DMCA notices should go to the Copyright Agent. Do not send any other notices, comments, requests, or other communications to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

 

B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled: (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content: and (4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Newark, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent,StarCrews may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days, Unless the copyright owner files an action seeking a court order against the person submitting Content or any other member or user affiliated with the Content in dispute, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at StarCrews's sole discretion.

 

XV. WARRANTY DISCLAIMER

 

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED BY STARCREWS ON THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STARCREWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. STARCREWSMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AN (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. STARCREWS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, ANDSTARCREWS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

XVI. LIMITATION OF LIABILITY


IN NO EVENT SHALL STARCREWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUESNTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SHALL BE HELD FULLY RESPONSIBLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THE RISK OF HARM OR DAMAGE FROM ANY FUTURE EVENTS RESTS SOLELY ON YOU. STARCREWS WILL NOT BE LIABLE FOR ANY ACTIONS THAT VIOLATE THE ABOVE STATEMENT.

JURISDICTION FOR ANY DISPUTES SHALL BE IN THE APPROPRIATE COURT LOCATED IN UNION COUNTY, STATE OF NEW JERSEY AND YOU HEREBY CONSENT TO JURISDICTION OF ALL MATTERS BEING IN UNION COUNTY, NEW JERSEY. YOU AGREE THAT ANY ACTION BROUGHT AGAINST STARCREWSMAY ONLY BE BROUGHT IN UNION COUNTY, NEW JERSEY.

 

XVII. INDEMNITY

 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HAVE AGREED TO DEFEND, INDEMIFY AND HOLD HARMLESS STARCREWS, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING LAWYERS FEE AND BEYOND) ARISING FROM (A) YOUR USE AND ACCESS TO THE WEBSITE; (B) VIOLATION OF ANY STARCREWS TERMS OF USE WITH RESPECT TO COPYRIGHT, PROPERTY, AND PRIVACY RIGHTS; (D) CLAIMS THAT YOUR CONTENT CAUSES DAMAGES TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICAITON OBLIGATION WILL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THE SERVICE.

 

XVIII. MISCELLANEOUS

 

StarCrews shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the StarCrews’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the StarCrews's prior written consent. StarCrews may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.