Terms and Conditions
Last Updated: September 24, 2018
Below is a high level summary of these Terms. Please read these Terms carefully in their entirety before using the Platform and do not solely rely on the high level summary provided below. If you do not agree with any portion of these Terms, do not access or otherwise use the Platform/Community or the Service.
User Conduct: By accessing the Platform and using the Service, you must act appropriately. YOU CANNOT USE THE PLATFORM OR OUR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND/OR THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS. YOU ALSO MAY NOT USE THE PLATFORM OR OUR SERVICE IF YOU HAVE EVER BEEN CONVICTED OF A SEXUAL OFFENSE, ARE REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENTAL ENTITY OR AGENCY OR ARE CURRENTLY CHARGED WITH AN OFFENSE OF A SEXUAL NATURE. WE DO NOT TOLERATE ANY UPLOADING OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18. YOU CANNOT USE THE PLATFORM OR OUR SERVICE IF YOU ARE NOT A U.S. RESIDENT.
The Service: Members are able to access all features of the Service that include but are not limited to social media/internet marketing and promotion, communicating with other users on the Platform via status updates; Access to a private inbox, etc. You may access the service by purchasing a registration which consists of a model release 2257.
Deletion/Deactivation: You may delete or deactivate your account on the platform at any time while logged in under “Settings” and delete my account.
Legal Stuff: These Terms set out the legal terms and conditions that govern our relationship with you and your access to the Platform and use of the Service. Put simply, except to the extent required by law, we don’t make any promises to you about the Platform or the Service and we will not be liable to you for any damages you incur in connection with your access to the Platform or use of the Service except as otherwise expressly stated in these Terms. In addition, to the extent permitted by law, you are fully liable for any damage we incur which is attributable to you.
Dispute Resolution: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS.
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Modifications to Service:We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform or the Service (or any part thereof) with or without notice. You agree that Amateur Estrella shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Platform or the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Platform or Service. We reserve the right to modify our prices at any time.
1.- USER CONDUCT
AMATEUR ESTRELLA IS SIMPLY A MARKETING AND PROMOTIONS COMPANY THAT HELPS LAUNCH YOUR CAREER AS AN AMATEUR ACTOR/ACTRESS AND WE PROVIDE A SOCIAL NETWORK FOR MEMBERS TO INTERACT AND CREATE AMATEUR CONTENT TO BUILD YOUR ACTING PORTFOLIO. WE DO NOT ENDORSE OR ENCOURAGE ANY UNLAWFUL BEHAVIOUR IN ANY JURISDICTION IN WHICH THIS SERVICE IS MADE AVAILABLE. YOU ARE RESPONSIBLE FOR YOUR OWN COMPLIANCE WITH ALL LAWS THAT MAY APPLY TO YOU.
Our Service is ONLY intended for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet these criteria to use our Service. By using our Platform and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of these Terms and conditions set forth herein. You also represent and warrant that you will not allow any minor access to the Platform or our Service, including taking all precautions and implementing all parental control protections on your computer or other electronic device used to access the Platform and our Service to prevent any minor from gaining access to the Platform and our Service. Further, you hereby commit to inform us immediately should you become aware of a minor using the Service.
B. Code of Conduct
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. AMATEUR ESTRELLA ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Amateur Estrella is not responsible for the conduct of any Member. In no event shall Amateur Estrella, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Platform or meet in person, or if you decide to send money to another Member. In addition, you agree to review and follow our Booking Safety Tips, located on the website (https://www.amateurestrella.com/safety-tips), prior to using the Service. You understand that Amateur Estrella makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
violate any applicable law or regulation,
infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,
use the information available through our Service for any unauthorized or unlawful purpose,
interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,
use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers,
use our Service to obtain the personal contact information of another user without his/her prior consent;
use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,
"stalk" or harass any other user of our Service,
use the Service if you have ever been convicted of a sexual offense or currently have such charges pending against you;
use the Service for any illegal purposes, including, without limitation, prostitution and/or solicitation;
collect or store any information about any other user other than in the course of the permitted use of our Service,
use our Service for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products,
impersonate any person or entity,
remove any copyright, trademark or other proprietary right notices contained in the Service,
infringe on the intellectual property rights of the Service or any third parties in any manner,
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Platform or any software used on or for the Service,
post, upload or transmit false, misleading or illegal information or content to the Service,
make false statements, attempt or use personal, financial or other information that you are not authorized to use,
upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),
disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Service are able to read to type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Service,
collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data,
provide hyperlinks, URL links, graphic links or other direct connection to our Platform or the Service for profit or gain, or
assist any third party in doing any of the foregoing.
C. User Content
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). When you post content to our service you represent and warrant to us that the Content is posted by you and that you are the exclusive author of the Content and use of your Content by us will not infringe or violate the intellectual property or other rights of any third party. To the extent permitted by applicable law, you waive any and all moral rights to be identified as the author of the Content and any similar rights in any jurisdiction in the world.
You may not post on the Platform or as part of the Service, or transmit to Amateur Estrella or any other Member (either on or off the Platform), any offensive, inaccurate, abusive, threatening, intimidating, harassing, rude, derogatory, sexist, defamatory, insulting, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that Amateur Estrella may, but is not obligated to, monitor or review any Content you post on the Platform or as part of a Service. We may delete any Content, in whole or in part, that in the sole judgment of Amateur Estrella violates this Agreement or may harm the reputation of the Platform or the Service. We may restrict access to the member dashboard for a 24-hour period or a number which we deem appropriate in our sole discretion.
By posting Content on the Platform or as part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, parent, subsidiaries, affiliates and successors, an unlimited, perpetual, worldwide, non-exclusive, royalty-free irrevocable, transferable right and license to use, reproduce, display, broadcast, publish, quote, create derivative works of, translate, sub-license, export, share, assign and modify such Content or incorporate into other works such Content, and to grant and to authorize sub-licenses and other transfers of the foregoing. You specifically authorize us to use this license to reproduce and display the photographs you transmit to us, in digital form alone or in connection with other images and to adapt, modify or alter your photographs or otherwise create derivative works based upon your photographs. We are under no obligation to remove your profile, picture and other information from our Service even after you have terminated your membership unless you utilize the option or we are otherwise required by applicable law. You represent and warrant to us that you have the absolute right to grant the license and other rights set forth above.
The following is a partial list of the kind of Content that is prohibited on the Platform or as part of the Service. You may not post, upload, display or otherwise make available Content (either on or off the Platform) that:
is libelous, defamatory or slanderous,
may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group,
exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, or harms minors in any way,
encourages or otherwise depicts or glamorizes drug use or any illegal acts,
makes use of offensive language or images or is otherwise patently offensive to the online community,
harasses or advocates harassment of another person,
involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or Spam,
promotes an illegal or unauthorized copy of another person's copyrighted work,
characterizes violence as acceptable, glamorous or desirable,
contains any illegal material or any material that infringes or violates another party's rights (including, without limitation, intellectual property rights and rights of privacy and publicity),
constitutes an illegal act (including, without limitation, prostitution and/or solicitation) or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses,
solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
provides or promotes inaccurate, misleading or false information, or
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
express or imply that any statements you make are endorsed by Amateur Estrella without our specific prior written consent.
ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
Requests or solicit money from, or is intended to otherwise defraud, other members of the Platform or Service;
Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Platform or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
Post anything that contains video, audio photographs, or images of another person without his or her permission;
Anything that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platform or Service (either directly or indirectly through use of third party software).
"frame" or "mirror" any part of the Service or the Platform, without Amateur Estrella's prior written authorization.
If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The foregoing is a partial list of the kind of content that is illegal or prohibited on our Platform. We reserve the right to investigate and take appropriate legal action in our reasonable discretion against anyone who violates this or any other provision of these Terms, including, without limitation, removing the offending communication from the Service, terminating the violator's access to the Platform and contacting and disclosing information to the relevant authorities.
We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials, including, without limitation, advertisements, profiles, public postings, emails, and messages, that we, in our discretion (acting reasonably), deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Platform or members of the Service. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other members of the Service.
D. Representations and Warranties
You: (a) must not use our Service unless you have the full power and authority to enter into and perform these Terms; (b) will not use our Service to infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service; (d) must not use our Service if you have ever been convicted of an offence of a sexual nature or if you have any such charges currently pending against you; (e) you will not us our Service if you are not a citizen of the United States of America and (f) you must own or otherwise have all rights necessary to license the content you submit and that promise to us that the posting and use of your content by us will not infringe or violate the rights of any third party. To the fullest extent permitted by applicable law, we are not responsible to you for any damages you may suffer because of your breach of this clause.
E. Your Responsibilities
You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Platform and in your messages to other members of the Service. You must take reasonable precautions in all interactions with other members of the Service, particularly if you decide to meet offline or in person. In addition, WE STRONGLY RECOMMEND THAT YOU REVIEW AMATEUR ESTRELLA SAFETY TIPS, POSTED AT https:www.amateurestrella.com/safety-tips PRIOR TO USING THE SERVICE. You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Platform. That information may be misused. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.
F. Member Disputes
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF OUR PLATFORM AND OUR SERVICE. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Since only residents of the United States of America can use the platform or service, you hereby agree to release us (and our subsidiaries and affiliated entities and ours (and their) shareholders, officers, directors, employees and agents, successors and assigns) from all claims, demands, damages, losses, liabilities of every kind, arising out of or in any way related to such disputes. If you are a California resident, Section 3.E.f. below applies to you.
G. Mobile Applications
Amateur Estrella makes available mobile apps (collectively, the “Mobile Application”) to access the Platform via mobile devices. To use the Mobile Application you must have a mobile device that is compatible with Amateur Estrella mobile service. Amateur Estrella does not warrant that the Mobile Application will be compatible with your mobile device. Amateur Estrella hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Amateur Estrella may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are then currently using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Amateur Estrella and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application. You should contact your mobile phone carrier if you want to find out what standard carrier charges may apply.
The Mobile Application and all other software that is provided to you through the Platform and the Service and related documentation are "Commercial Items", as that term is defined under United States of America laws at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States of America.
The following additional terms and conditions apply with respect to any Mobile Application that Amateur Estrella provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Amateur Estrella only, and not with Apple, Inc. (“Apple”).
Amateur Estrella, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that Amateur Estrella, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that Amateur Estrella, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Amateur Estrella’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Amateur Estrella provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Amateur Estrella only, and not with Google, Inc. (“Google”).
Google is only a provider of the Android Market where you obtained the Android App. Amateur Estrella, and not Google, is solely responsible for Amateur Estrella’s Android App and the services and content available thereon. Google has no obligation or liability to you with respect to Amateur Estrella’s Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Amateur Estrella’s Android App.
H. Geo-Location Terms
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and Amateur Estrella Inc. and not with the providers of the Third Party Store, and Amateur Estrella Inc. (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Amateur Estrella Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Amateur Estrella Inc.
Amateur Estrella Inc., not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Push Notifications; Location Based Features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Service, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at firstname.lastname@example.org
SECTION 2 - THE AMATEUR ESTRELLA SERVICE
Our Service helps market and promote your brand and content through social media and various internet outlets to launch your career as an actress/actor. We provide a Platform that gives members the opportunity to create content for their acting portfolios and to interact with other members in the community. All Actors/Actress that want to use the Service are required to become "Members” of the Platform. Members that register for the Service are required to complete and have on file a Model Release provided by Amateur Estrella. Members can interact on the platform via posts and private messages to create amateur video content to build their acting portfolios. Members are required to have Marketing and Storage Space for content that is created with the other members on the Platform to be sold, marketed and displayed on 3rd party partners websites.
Potential members are required to preregister to be a member with our service. You are required to provide your name, phone number, email address, location, age, gender and social media profile information.
When you pre register for the Amateur Estrella Services, we collect your email address to send you Amateur Estrella news, Amateur Estrella Services updates, the latest information on products and services, and third party offers. You will also be contacted via voice and text message from Amateur Estrella recruiters to assist with full registration or questions.
To be removed from the mailing list, you can unsubscribe via the emails by clicking the unsubscribe link located at the bottom of the advertising emails.
C. Full Registration
Members of the Service are required to pay for full registration which consists of a Model Release 2257 that is completed virtually to begin accessing the Service. Once that paperwork is signed members will have access to the Service for marketing and promotion. A member may pay via credit card or any other method we may accept as payment. In addition to paying the published price, you are responsible for paying all applicable taxes or client transaction fees in connection with your purchase, which will be disclosed to you prior to completing your transaction. We reserve the right to change our pricing policy or the method or manner in which we charge for our Service but will comply with the notice requirements in the section titled “Modifications”. Your registration will be deemed to be accepted once we (i) receive confirmation of payment in full, through the payment processor of your credit card and (ii) your model release is completed in its entirety and the correct valid identification is used and (iii) orientation is complete to receive an invitation to the member dashboard.
You understand and agree that it is a condition of your use of the Platform and the Service and of your membership that all of the information you provide to us when you are signing up and providing your Profile is correct, current, accurate and complete. If you provide any misleading or false information to us, your right to use the Platform is invalid and your membership is terminated and void.
D. Marketing & Storage Space
Once you become a Member of the Service you will be eligible to purchase Marketing & Storage Space. The content produced from members is marketed, promoted, stored and sold via various social media, 3rd party partners and internet outlets upon Amateur Estrella’s discretion to our followers. Members social media pages are tagged to drive traffic and followers to their pages to purchase content and build and establish their brands.
Storage Space is allotments of space on our private internal servers which are used to store your content for editing to fit various platforms where it will be marketed and promoted and sold to 3rd party and partner sites.
Storage Space slots cannot be split for numerous content, each storage space is for one piece of content. If the full storage space allotment is not used, it is forfeited. Storage Space can only be used for content produced with other current members of the Service. Once your content is completed and used in your storage space it is AS IS and there are no additional submissions or retakes accepted as it is sent for sale to 3rd party and partner websites.
Please be advised that we add and change features on the Service from time to time and that the value of such features may change at any time.If you do not have Marketing and Storage Space the Service and Platform will not be available to you for use.
E. Cancellation of Your Account
You can cancel your account at any time and for any reason by accessing “Settings” while logged in and choosing “Delete My Account” and all marketing and storage space will be forfeited. We reserve the right to cancel your account for any reason that violates these terms and conditions or at our sole discretion at any time and any payments will be forfeited.
F. Referral Bonus Program
Current members of Amateur Estrella are eligible to participate in the optional referral bonus program. All of the eligibility requirements as well as the terms and conditions must be met in full before you will be considered for the referral bonus program. For members to get funds deposited to the account on file the member must email us at email@example.com and include the name of the member you referred. The referral bonus eligibility does not apply to couples referring their partners. Amateur Estrella will only recognize that you want to be considered for and participate in the referral bonus program if you email us.
a. Eligibility Requirements
Current members must have an active account on the Platform to refer other members. The candidate referred must add the active Amateur Estrella members full government name under "referred by" on their Amateur Estrella Registration Application.
b. Terms & Conditions of Actor Referral
A referred member must complete registration as a member of the Platform and complete a minimum of 1 piece of content. A referral bonus credit will be deposited to the referee member account on file.
c. Terms & Condition of Actress Referral
A referred member must complete registration as a member and have an active account on the Platform for a minimum of 30 days and must complete a minimum of 10 pieces of content within 90 days. A referral bonus credit will be deposited to the referee model account on file.
G. Refund Policy
You agree that your purchases, including but not limited to applicable registration fees and Marketing & Storage fees, are handled on a case by case basis.
H. Credit Card Chargeback Policy
We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication, your identification submitted via your Model Release, IP address and communications with or related to our Service or other users or members. Engaging in activities aimed at reversing a legitimate charge is illegal.
I. Other Aspects of the Amateur Estrella Service – For Your Entertainment
Our Service helps market and promote your brand and content through social media and other internet based outlets to begin your career as an actor/actress. We provide a platform that gives members the opportunity to create content for their acting portfolios and to interact with other members on the Platform. However, there is no guarantee you will find a member to create content with on our Platform or by using our Service. Our Platform and our Service are also intended to provide users with amusement and entertainment. You agree that some of the features of our Platform and our Service may be used for such amusement and entertainment purposes.
J. Others Using the Platform for Entertainment
You also understand and agree that there are actors, actress, models and members on the Platform that use our Service solely for entertainment purposes. Those users are not seeking physical meetings with anyone they meet on the Service, but consider their communications with users and members to be for their amusement.
You acknowledge and agree that any profiles of members, as well as, communications from such persons may not be true, accurate or authentic and may be exaggerated or fantasy. You acknowledge and understand that you may be communicating with such persons and that we are not responsible for such communications.
K. Non-Commercial Use
Our Platform and the Service is for personal use only and you may not use it in connection with any commercial purposes. Organizations, companies, and/or businesses may not use the Service or our Platform for any purpose. Illegal and/or unauthorized uses of our Platform, including without limitation prostitution and/solicitation, financial fraud, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Platform may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress. You understand and agree that use of our Platform is with our permission, which may be revoked at any time in our reasonable discretion.
L. Third Party Content, Links and Pages
In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. We do not endorse or accept any responsibility for any Third Party Content. You acknowledge and agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent, inaccurate, incomplete or otherwise objectionable. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from our privacy policies. You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third Party Content and under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You must evaluate, and (as between us) bear all risks associated with Third Party Content, including, without limitation, profiles of other users of our Service.
M. Username and Password
You will select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a username that impersonates someone else, is protected by trademark or proprietary law as determined by us in our sole discretion. Your username and password are not transferable and may not be assigned. You must keep your username and password confidential, and you are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.
N. Proprietary Rights
a. Content is Protected by Law
You acknowledge and agree that all content and materials available on our Platform are protected by either our rights, or the rights of our licensors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our Platform, unless you have our written permission. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the Platform or content and materials in any manner. Notwithstanding the above, you may use the content and materials on our Platform in the course of your normal, personal, non-commercial use of our Service in accordance with these Terms. If you download or print a copy of any content for your personal use, you must retain all copyright and other proprietary notices contained on such content. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of content and materials or enforce limitations on use of the Platform or the content and materials therein. All rights not expressly granted herein are reserved.
b. Use of Content
You agree not to systematically retrieve data or other content or any materials from our Platform to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks or logos as metatags on other websites. You agree not to display any of our Platform in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of our Platform without our written permission.
c. Content – AS-IS
All of the content on our Platform is provided “AS IS”. All content is the responsibility of the person that originated such content. You understand and agree that under no circumstances will we be liable for any losses, liabilities or damages incurred as a result of your use of any content on our Platform.
O. Discontinuance of Service
This Agreement will remain in full force and effect while you use the Service and/or are a Member. We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service including where such use may breach any applicable laws. Amateur Estrella may terminate or suspend your subscription and/or membership in the Service at any time without notice if we believe that you have breached this Agreement, including, but not limited to, by using the Platform and Service for non-personal use, engaging in prohibited or inappropriate communications or activities, and any breach of your representations and warranties.
Upon such termination or suspension, you will not be entitled to any refund of unused marketing and storage space fees. Amateur Estrella is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or marketing & storage space is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
P. Blocking of IP Addresses
In order to protect the integrity of the Service, we reserve the right at any time, in our reasonable discretion, to block users from certain IP addresses from accessing our Platform where required by law or to avoid a breach of these Terms.
The members of the Service may provide, or third parties may provide, links, including, without limitation, banner ads and hyperlinks, to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that we are not responsible for any use of your personal information by such third parties. Such third parties have their own privacy policies and procedures. You should check those privacy policies and procedures before you provide any information to them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
R. Customer Service
Our customer service representatives are available to answer questions you may have about our Service and to enhance your experience using our Service and its features. You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. If we determine, in our reasonable discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Platform and your membership to our Service and you will not be entitled to any refund of unused credits or subscription fees unless required by applicable law.
S. Email Communications
Subject at all times to our obligations regarding email communications in your respective jurisdiction, you agree that: (i) we and other sites we operate (or our agents) may send you email communications that include messages about the Service and your membership account with us, and services offered by our other sites and third parties; and (ii) any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including, without limitation, that such communications be in writing.
You may opt out of receiving these notifications from us by clicking the “Unsubscribe from Email Notifications” link located at the bottom of each email we send you. Please be advised that you cannot opt out from operational emails (i.e. non-promotional communications) pertaining your account.
You acknowledge and agree that we may terminate your access to our Service if (a) you breach these Terms; (b) where required by law; or (c) where we reasonably consider there has been a breach of these Terms or a breach of applicable laws. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to our Service. You acknowledge and agree that termination of your access to our Service in these circumstances may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you acknowledge and agree that unless required by applicable law we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. Unless otherwise required by applicable law, you will not be entitled to a refund of unused marketing and storage fees paid upon termination of your access to our Service by us in the circumstances described in this clause.
You may terminate your access to the Service at any time via our Platform or by sending us an email notice of termination at email@example.com. You will not be entitled to any refund of unused marketing and storage fees upon termination of your access to our Service.
U. How to Delete/Deactivate Your Account
In the event you would like to cease using the Service and delete or deactivate your account, you have the following two options:
a. Deactivate My Account:
b. Full Delete:
If you select this option choose “Settings” under Profile while logged in and select “Delete My Account”, your profile will be completely deleted, including, subject to the qualification below, all personal information related thereto. Specifically, (i) your profile will no longer be viewable by other users or come up in search results, and (ii) all personal information associated with your account, including your message history, will be completely deleted in accordance with Amateur Estrella’s data retention schedule, meaning that some of your usage history may be kept for up to six months. If you select this option, your account cannot be restored and any unused marketing and storage space associated with your account will immediately expire without refund. Please note it may take up to forty eight (48) hours for your information to no longer be visible on the Service.
A. Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Platform shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. You may not under any circumstances commence or maintain against Amateur Estrella any class action, class arbitration, or other representative action or proceeding.
By using the Platform or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Amateur Estrella. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Amateur Estrella may be commenced only in the federal or state courts located in Cheyenne, Wyoming. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and Amateur Estrella, shall be governed by the laws of the state of Wyoming without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
B. Entire Agreement
any specific guidelines or rules that are separately posted for particular services or offers on the Platform, contains the entire agreement between you and Amateur Estrella regarding the use of the Platform and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Amateur Estrella to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Amateur Estrella in any manner.
C. Disclaimers of Warranties
YOU AGREE THAT:
OUR SERVICE AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY.
WHILST WE TAKE REASONABLE COMMERCIAL EFFORTS TO PROVIDE THE SERVICE TO YOU, WE CANNOT PROMISE OR WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR IN CONNECTION WITH OUR SERVICE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE TO OTHER MEMBERS WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ANY PROFILE ON OUR PLATFORM IS ACCURATE, UP TO DATE OR AUTHENTIC; (G) ANY MATERIAL OR FILES THAT YOU CAN DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY HAVE DAMAGING; (H) THIRD PARTIES WILL NOT USE YOUR CONFIDENTIAL INFORMATION IN AN UNAUTHORIZED MANNER; OR (I) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION INJURY OR DAMAGE TO MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH OUR PLATFORM AND/OR IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE NOR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM ANYONE'S USE OF OUR PLATFORM OR THE SERVICE, ANY CONTENT POSTED ON OUR PLATFORM OR TRANSMITTED TO MEMBERS, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES OR ANY CONDUCT OR INTERACTIONS BETWEEN USERS OF OUR PLATFORM, WHETHER ONLINE OR OFFLINE.
IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR PLATFORM OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF OUR PLATFORM OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF OUR PLATFORM OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, MEMBER COMMUNICATIONS.
D. Our Limitations
We are not responsible for any damage or harm resulting from your interactions with other members of our Service or Platform. You understand and acknowledge that we do not pre-approve any of our users or members nor do we in any way inquire into the backgrounds of the users or members of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS. It is your responsibility to investigate the background, financial status, criminal background, character and all other aspects that might affect whether or not you want to interact with a user or member on our Service. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, filthy, violent, harassing or otherwise objectionable and you hereby expressly consent to the foregoing. Email messages sent between you and other members of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. IN NO EVENT SHALL WE BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot and do not assume any responsibility for the content of messages sent by other users of the Service. We are not responsible for the accuracy of information communicated to you on the Service or for the content of any communications you may receive from other users. We reserve the right to investigate and take appropriate lawful action against anyone who violates these Terms, including without limitation, removing the offending communication from the Service, terminating the violator's access to the Platform and contacting and disclosing information to the relevant authorities and pursuant to legal process. We will act reasonably in deciding what action, if any, to take, however, we are under no obligation to take any such action.
E. Limits of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (C) UNAUTHORIZED ACCESS TO OR PERMITTED DISCLOSURE OR ALTERATION OF YOUR CONTENT; (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE; OR (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR PLATFORM OR OUR SERVICE OR ANY OTHER THIRD PARTIES THAT WE DO NOT CONTROL FOR ANY REASON.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF NOTWITHSTANDING THE FOREGOING WE ARE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS WILL NOT EXCEED THE SUM OF ONE THOUSAND ($1,000) DOLLARS.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY OF OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING LIABILITY IN RELATION TO DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR WILFUL OR RECKLESS MISCONDUCT OR FRAUD OR FRAUDULENT MISREPRESENTATION, IN WHICH CASE, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN GUARANTEES, CONDITIONS, REPRESENTATIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW, AND DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM MAY LAST. SOME JURISDICTIONS ALSO DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN FORMS OF DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET OUT HEREIN MAY NOT APPLY TO YOU. HOWEVER, NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS. IF ANY GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM IS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW AND CANNOT BE EXCLUDED (A "NON-EXCLUDABLE PROVISION"), AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED EXCLUSIVELY (SO FAR AS APPLICABLE LAWS DO NOT PROHIBIT) TO, AT OUR OPTION, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. (f)IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
To the fullest extent permitted by applicable law, you agree to indemnify us and our affiliates, directors, officers, employees, agents, customers and third parties against any claim, demand, cause of action, debt, loss, costs, liabilities and expenses (including reasonable legal fees) relating to, or arising in connection with, directly or indirectly, (a) your use of or inability to use our Platform or Services; (b) any posts made by you; (c) your infringement of the intellectual property rights, or any other rights, of any party; (d) your violation of any of these Terms and (e) your violation of any applicable laws, rules or regulations.
G. Digital Millennium Copyright Act (“DMCA”)
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our reasonable discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide our designated agent 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 and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
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 at the Platform, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
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 and/or trademark owner, its agent, or the law.
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.
Our agent for notice of claims of copyright or trademark infringement on the Platform can be reached as follows:
Amateur Estrella Inc
Attention: General Counsel
1712 Pioneer Ave Ste 115
Cheyenne, WY 82001
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
H. Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
I. Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of our Platform and/or Service who is the subject or repeated DMCA or other infringement notifications.
You do not have the right to assign these Terms or any of your rights hereunder or to our Service to anyone. We have the right to assign any or all of its rights and obligations under these Terms. Provided such rights and obligations are assumed by such third party, we shall be relieved of any and all liability under these Terms and in such event you hereby agree to release us of all liability, claims, charges, damages and causes of action.
K. California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Platform and Service are provided by Amateur Estrella Inc. If you have a question or complaint regarding the Platform or Service, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing us at Amateur Estrella Inc., 1712 Pioneer Ave Ste 115, Cheyenne, WY. 82001, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
4.- ARBITRATION AND CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Amateur Estrella. All disputes, controversies, causes of action (in tort, contract, by statute or otherwise), including, without limitation, Disputes arising from or relating to this Arbitration Provision (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from these Terms (collectively, “Disputes”) shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”).
Arbitration replaces the right to go to court, and therefore the parties waive any right that you or Amateur Estrella might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, Amateur Estrella reserves the right to pursue the protection of its intellectual property rights and confidential information and to stop other illegal activities through immediate injunctive relief or other equitable relief at any time and without first resorting to informal procedures or arbitration, through any courts of competent jurisdiction.
B. Pre-Arbitration Dispute Resolution
Amateur Estrella is always interested in resolving disputes amicably and efficiently. So before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via mail at Attn: Legal, 1712 Pioneer Ave Ste 115 Cheyenne WY 82001
The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with Amateur Estrella. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, https://www.adr.org.Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer_arbitration.
D. Class and Consolidated Claims Waiver
To the extent permitted under applicable law, it is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under these Terms or any Dispute between the parties. To the extent permitted under applicable law, the parties also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under these Terms or any Dispute between the parties.
E. Commencing an Arbitration
To commence an arbitration against Amatuer Estrella, you must complete a short form, submit it to the AAA, and send a copy to Amateur Estrella at Attn: Legal, 1712 Pioneer Ave Ste 115 Cheyenne WY 82001. To learn more about commencing an arbitration and to obtain a form to institute arbitration, see the AAA’s claim filing page, https://www.adr.org/support, and its guide on Representing Yourself in Arbitration, https://info.adr.org/prose/. You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim, Amateur Estrella may assert any counterclaims it may have against the complaining party.
You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. Amateur Estrella will pay all remaining fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver
G. Selection of the Arbitrator.
The parties, using the AAA’s standard procedures, will select a single arbitrator from a roster of neutrals prepared by the AAA.
H. Discovery and Hearing Procedures
All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing. Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue. Each party shall produce relevant non-privileged documents requested by the other party. Discovery procedures available in court actions do not apply. The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need. All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator. The parties may elect to use any of the Expedited Procedures of the Commercial Dispute Resolution Procedures or Supplementary Procedures for Consumer-Related Disputes of the AAA.
I. Communications with the Arbitrator
Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
K. Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these Arbitration terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Amateur Estrella in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AMATEUR ESTRELLA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
L. Survival and Severability
These Arbitration terms shall survive the termination of your service with Amateur Estrella. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
M. Arbitration Award
The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.