Start Talent Agency Website Terms

TERMS AND CONDITIONS OF WEBSITE USE

This Website is provided by Star Talent Agency, and its affiliates (collectively, "Star Talent Agency" and "we"). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website. PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT, INCLUDING GRANTS AND WAIVERS OF RIGHTS, LIMITS ON OUR LIABILITY, YOUR INDEMNITY OF US AND MANDATORY ARBITRATION OF DISPUTES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.

  1. Right to Use this Website
    Star Talent Agency grants you a limited, non-exclusive, revocable license for you to use this Website for your information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Star Talent Agency and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Star Talent Agency and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
  2. Copyrights
    All Content, except for User-Generated Content (defined in Section 7 below) is copyrighted, and it is either owned or used with permission by Star Talent Agency. Star Talent Agency disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Star Talent Agency.

    Except as set forth in this User Agreement or in the text of this Website and except for User-Generated Content you have submitted to this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

    Star Talent Agency respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
  3. Trademarks
    The trademarks, logos, and service marks displayed on this Website are owned by Star Talent Agency and third parties, and this Website's trade dress is owned by Star Talent Agency (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Star Talent Agency are the property of their respective owners, and except for User-Generated Content, are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
  4. Your Communications to Star Talent Agency; Star Talent Agency's Rights to Your Submissions
    Star Talent Agency likes to hear from you. However, in your communications with Star Talent Agency, please keep in mind that, unless it specifically requests them, Star Talent Agency does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to Star Talent Agency any unsolicited materials, such as ideas for shows, items, or other products, or any other suggestions, ideas, notes, drawings, or other similar information or materials.

    Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Star Talent Agency via this Website, or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, provided, however that Star Talent Agency will handle any personally identifiable information that you transmit online in accordance with the terms of our Privacy Policy. Star Talent Agency will not assume any responsibility, obligation, or liability for Your Submissions or for Star Talent Agency's receipt or non-receipt of them. Star Talent Agency's receipt of Your Submissions is not an admission by Star Talent Agency of their novelty, priority, or originality, and it does not impair Star Talent Agency's right to contest existing or future intellectual property rights relating to Your Submissions.

    You grant Star Talent Agency a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media, and means and manners now or hereafter known or devised. You represent and warrant that: (a) you have the right and authorization to make Your Submissions and are the parent or legal guardian of any minor who is depicted in or contributed to any of Your Submissions and grant the rights herein granted without the consent of any third party, (b) Your Submissions are accurate and, as permitted to be used by Star Talent Agency in this User Agreement, do not and will not infringe any rights of any third party or result in any third party liability or obligations.

    When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  5. Online Shopping
    This Website and other Star Talent Agency websites may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases. As to products, services and information featured on this Website, please note that we make every effort to display as accurately as possible the products, services and information that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products, services and information. As to any services that may be featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.

    No Talent Registration by Minors
    By submitting a profile to Star Talent Agency, you represent that you are 18 years of age or older. If a child under the age of 18 submits a profile to Star Talent Agency without parental or guardian permission, then Star Talent Agency will revoke the users profile and may ban that user's IP address from this site..
  6. Use Restrictions
    You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, that violate any right of any third party or are otherwise objectionable (as that term is used in the U.S. Communications Decency Act); or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website; or that otherwise violate this User Agreement or any guidelines or restrictions posted on this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
  7. User-Generated Content
    Star Talent Agency may elect to offer visitors, the opportunity to post, upload or otherwise make available materials to this Website intended for public view, including without limitation, photographs, videos and ratings and reviews, ("User-Generated Content"). In such events, Star Talent Agency will not assume any obligation to monitor, filter, censor, edit, or regulate the User-Generated Content on this Website, although Star Talent Agency reserves the right (but does not assume any obligation), in its sole discretion, to do so and to refuse to post User-Generated Content, or to remove, change, condense, delete, or revise any User-Generated Content that Star Talent Agency deems to violate its posting guidelines or this User Agreement. Star Talent Agency does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User-Generated Content, or represent or make any representations or warranties regarding the accuracy or propriety of User-Generated Content. All User-Generated Content on this Website is presented on an "AS-IS" basis. The content of all User-Generated Content will be treated as Submissions.

    By posting, uploading, or otherwise making available to Star Talent Agency any User-Generated Content, you represent and warrant that; (a) you are at least the age of majority in the state in which you reside and are the parent or legal guardian of any minor who is depicted in or contributed to any User-Generated Content; (b) you are the sole author and owner of the intellectual property rights thereto, or have a lawful right to submit, display, upload or post such User-Generated Content, without the consent of any third party and without creating any obligations or liabilities on the part of Star Talent Agency or its licensees or assigns to any party as a result thereof; (c) all "moral rights" that you or any other parties may have in such User-Generated Content have been and are voluntarily and irrevocably waived and Star Talent Agency shall have no attribution or integrity obligations with respect to the User-Generated Content; (d) all such User-Generated Content is accurate; and (e) such User-Generated Content shall not violate this User Agreement, any guidelines outlined on this Website in connection therewith, or cause injury or harm to any person or infringe upon any thirty party rights. You also agree not to post, upload or otherwise make available to this Website User-Generated Content that: (A) is false, deceptive, misleading, or deceitful (B) violates the user restrictions in Section 6 above, (C) includes any personally identifiable information about another person without that person's consent; (D) infringes another party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or other rights; (E) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) or encourages conduct that constitutes a criminal offense or may result in civil liability; (F) includes links to other locations or websites, uses any third party trademarks or servicemarks that makes claims regarding any third parties or third party products or services; or (G) contains any viruses, Easter eggs, worms, bots, Trojan horses or potentially damaging computer programs, code, malware or files.

    You shall be solely responsible and liable for your User-Generated Content, as well as any activity or transactions that occur under your user name or any account or registration, any infringement by your User-Generated Content of the copyright, trademarks or other proprietary personal, property or other rights of Star Talent Agency or any third party, and any other harm resulting from your User-Generated Content or the use of your account or registration and agree to defend and indemnify Star Talent Agency with respect thereto as more fully set forth in Section 15.1.

    You grant Star Talent Agency a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your User-Generated Content throughout the world in any and all media, means and manners now or hereafter known or devised.

    Star Talent Agency reserves the right, in its sole discretion, to adopt additional posting guidelines or rules and to change or modify the guidelines or rules at any time.
  8. Investigations; Cooperation with Law Enforcement; Termination
    Star Talent Agency reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it any user accounts or registrations at any time, without notice, for any reason and without any obligation to you whatsoever.
  9. Privacy and Security Measures
    Star Talent Agency must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. Star Talent Agency respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy.

    We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect, adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to Star Talent Agency and must agree to adhere to industry accepted best practices to safeguard personal information. Nevertheless, we cannot guarantee complete security of personal information.
  10. Disclaimers and Limitations of Liability
    This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STAR TALENT AGENCY DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN STAR TALENT AGENCY WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, STAR TALENT AGENCY WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

    Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 4920 NW 165th ST, Miami, Florida 33014, or by telephone at 305.594.2018. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the 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."
  11. Links by You to this Website
    You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links only incorporate text, and do not use any Trademark graphics, (b) the links and related content on your site do not suggest any affiliation with Star Talent Agency or cause confusion among consumers, (c) the links and related content on your site do not portray Star Talent Agency or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is inappropriate for children or that is controversial, offensive or objectionable and (e) the links and related content on your site are not operated for any commercial purposes.
  12. Links on this Website to and from Other Sites
    This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Star Talent Agency. Star Talent Agency has no control over the content of Linked Sites, and Star Talent Agency does not assume any obligation to review any Linked Sites. Star Talent Agency does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Star Talent Agency disclaims all liability in connection therewith. We require service providers and trusted vendors who operate websites on our behalf to safeguard the privacy of any personal information they handle, adhere to industry accepted best practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements. Any activities you engage in connection with any Linked Site, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Star Talent Agency disclaims all liability in connection therewith.
  13. Banners, Advertisements, and Promotions
    We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Third party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Star Talent Agency's policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Star Talent Agency disclaims all liability in connection with therewith.
  14. Procedure for Alleging Copyright Infringement
    Star Talent Agency will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
    a legend or subject line that says: "DMCA Copyright Infringement Notice";
    a description of the copyrighted work that you claim has been infringed;
    the URL of the site and a description of where the material that you claim is infringing is located on that site;
    your address, telephone number, and e-mail address;
    a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
    a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
    your electronic or physical signature.

    Star Talent Agency will only receive DMCA notices by mail, e-mail at the addresses below:

    By Mail: Star Talent Agency, Inc.
    4920 NW 165th St
    Miami, Florida 33014
    Attention: Vice President, Legal and Business Affairs

    By E-Mail: CopyrightInfringementNotice@star-talent.net


    Star Talent Agency may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Star Talent Agency may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Star Talent Agencu at (305) 594-2018 and ask to speak to the DMCA Agent. Without limiting Star Talent Agency's other rights, it may terminate repeat infringer access to this Website.
  15. General Provisions
    Indemnity
    You agree to indemnify, defend, and hold harmless Star Talent Agency, its parent, Star Talent Agency, Inc., their affiliates and subsidiaries and their respective officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website, any User-Generated Content you post, upload or otherwise make available to this Website, your violation of this User Agreement, or your violation of any law, rule, or regulation, or the rights of Star Talent Agency or any third party.
    Revisions to this Website and this User Agreement.
    Star Talent Agency may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Star Talent Agency may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
    Operation of Website; Availability of Products and Services
    Star Talent Agency controls and operates this Website from its headquarters in Miami, FLORIDA in the United States of America, and Star Talent Agency makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although Star Talent Agency products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
    Jurisdiction, Venue, Alternative Dispute Resolution
    Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and Star Talent Agency will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Miami-Dade, FLORIDA, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Star Talent Agency relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Miami-Dade County, FLORIDA. Accordingly, you consent to the personal jurisdiction of the courts in Miami-Dade County, FLORIDA with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of FLORIDA, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Star Talent Agency to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, any User-Generated Content, Star Talent Agency's operations, and/or Star Talent Agency's products or services caused by your act or failure to act.
    Severability
    If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.