This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

 

The Stardust Channel™, ("Stardust Channel," "Stardust," "Channel," "we," "us," "stardustchannel.com") provides this site and site-related services (collectively, the "Site") AS IS and is subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions. 

If you do not agree to these terms and conditions, please do not use the Site.

Subscribers,("members," "visitor," "you," "they") are defined as any person or organization, business or group who has access to the Site.  "Media" means any information, in part or whole in any form or format.  "Customer" is defined as, any person or organization, business or group that arranges to purchase our goods, media, products or services.  "Cast" is defined as a vote and does not constitute an offer, solisitation or employment agreement.

This Agreement is made between The Stardust Channel and you, as a Site subscriber, and/or member ("you"). 

U.S. Export Controls. Software available in connection with the Stardust Channel services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

 

We reserve the right at any time to:

1. Change the terms of this Agreement
2. Change the Site, including eliminating or discontinuing any content on or feature of the Site
3. Change any fees or charges for use of the Site
4. Terminate services
5. Remove content
6. Access and modify any content
7. Restrict access to the Site 

 

Any changes We make will be effective immediately.  Notice, which We may give by posting on the Site or via electronic mail or status updates posted to other websites. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. 

 

(1) CODE OF CONDUCT. While using the Site and/or Software (as defined below), you agree not to:

Restrict or inhibit any other visitor or member from using the Site; 

Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; Transmit any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use the Site or Software for any unlawful purpose; 

Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software; Harvest or collect information about other Site visitors or members without their express consent; or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or it's contents. 

Passwords: 
When you sign up to become a member, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Stardust Channel immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

2) SUBMISSIONS. Material you send to us or post anywhere on the Site, including without limitation, "fanfiction," text, artwork, graphics, photos, music or software may be used by Stardust Channel or its affiliates throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable any such use. Furthermore, you acknowledge that Stardust Channel is free to use any ideas, concepts, know-how, or techniques contained in any communication that you send to or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. As a rule, we ask that you do not post any "fan fiction" or post, send or bring to our attention any other creative materials of any kind, such as stories or character ideas, screenplays, or original artwork, unless you agree to our use thereof as described above. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed independently by our professional staff or Customers might seem to others to be similar to their own creative work.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notification requesting that the material be removed, or access to it blocked. To be effective, the notification must include the following:

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 work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright/. Notices and counter-notices for the Site should be sent to the site administrator at brent@stardustchannel.com & stardustchannel@gmail.com. We suggest that you consult your legal advisor before filing a notice or counternotice. Also, be aware that there can be penalties for false claims.

 

(5) JURISDICTIONAL ISSUES. Unless otherwise specified, the materials in the Site are presented [solely for the purpose of promoting programs, films, products, stories, videos and services available in, and other uses in, the United States, it's territories, possessions and protectorates.] We control and operate the Site from within the State of New York, United States of America. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product or Media described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, video, story or other product that we provide.

 

(6) TERMINATION. This agreement is effective until terminated by either party. You may terminate this agreement at any time by notifying us and ceasing all use of any of the Stardust Channel Sites. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you may not make any further use of any of the Stardust Channel Sites or any Media obtained from the sites (unless and until you agree to be bound by the then-current applicable Terms).

 

(7) DISCLAIMERS. The Media on the Site, any product or service obtained through the Site, and the Software are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Stardust Channel and its affiliates, suppliers, and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Stardust Channel and its affiliates, suppliers, and agents do not warrant that your use of the Site or the Software will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site (or the network and services which make it available) or software are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume total responsibility and risk for your use of the Site and the Software and your reliance thereon. No opinion, advice, or statement of Stardust Channel or its affiliates, suppliers, or agents, whether made on the Site, in the Software, or otherwise, shall create any warranty.

There are a number of places on the Site where members of the public can post comments or contribute content. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site by third parties or Subscribers. Under no circumstances will We or our affiliates, suppliers, or agents be liable for any loss or damage caused by these statements or your reliance on such information obtained through the Site.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Sites completeness or correctness. In the event that such an inaccuracy arises, please inform us at brent@stardustchannel.com & stardustchannel@gmail.com, so that we can try to correct it.

The Site contains links to the third-party sites which are not under the control of Stardust Channel, and Stardust Channel is not responsible for the content on any linked site. If you access a third-party site from our Site, then you do so at your own risk. Stardust Channel provides links as a convenience and the inclusion of the link does not imply that Stardust Channel endorses or accepts any responsibility for the content on those third-party sites.

  

(8) LIMITATION OF LIABILITY. Neither Stardust Channel nor its suppliers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, the Software, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site, the Software, and/or content contained within the Site is to stop using the Site and/or Software, as applicable. The sole and exclusive maximum liability to Stardust Channel for all damages, losses, and causes of action (whether in contract, tort (including without limitation negligence), or otherwise) shall be the total amount paid by you, if any, to access the Site.

IN NO EVENT SHALL THE Stardust Channel BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Stardust Channel HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Stardust Channel'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Stardust Channel FOR THE Stardust Channel SERVICES DURING THE TERM OF MEMBERSHIP. 

 

(9) INDEMNIFICATION. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation, any violation of the Agreement; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; and/or (c) your activities in connection with the Site.

You agree to indemnify and hold Stardust Channel, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Stardust Channel services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site or through the Stardust Channel services causes Stardust Channel to be liable to another.

 You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the Stardust Channel services. The Stardust Channel services contain content of the Site ("Content"). Stardust Channel Content is protected by copyright, trademark, patent, trade secret and other laws, and Stardust Channel owns and retains all rights to Content and the Stardust Channel services. Stardust Channel hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Stardust Channel services.

 

(10) MISCELLANEOUS. This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of New York, located in New York City, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with Stardust Channel's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

This website is intended to be used only by our Subscribers.  It contains valuable business information that is privileged, confidential and/or otherwise protected from disclosure. Dissemination, distribution or copying of any portion of the Site or the information herein by anyone other than the Sites Subscribers, is strictly prohibited.

While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Site or any materials that you transmit to the Site. However, you acknowledge and agree that we have the right to: monitor the Site and the materials you transmit, maintain the Site, promote the Site and to disclose any information to any third party; to protect Stardust Channel, the Site, our sponsors and our members and visitors; and to comply with any legal obligations or governmental requests. Upon our request, you agree to sign a non-electronic version of this Agreement.

We reserve the right to use the name, recordings, image or likeness of any of our Subscribers.  All information on this site is the sole property of the Site.  Any subscriber submitting Media agrees to forfeit any claim to the Media. Statements, images or descriptions are informational only, and not made or given as a warranty. We specifically disavow any other representation, warranty, or liability related to the information provided on this website.

The Subscriber covenants and agrees that the Subscriber or his heirs, agents, assigns shall NEVER bring any action in any court of law.  Any dispute arising from the purchase or sale of product(s) sold, shall be resolved by arbitration under the Rules of the American Arbitration Association. Venue for any arbitration, or any legal dispute. 

You assume all risks of use or misuse, and agree not to hold the Site or any of its representatives or members liable in any way.  

If any part of these terms are held to be invalid by a court of competent jurisdiction, such shall not affect the validity of any other part of these terms.  

The Site may include advertisements, which may be targeted to the Content or information on the Site, queries made through the Site, or other information. The types and extent of advertising by Site are subject to change. In consideration for Stardust Channel granting you access to and use of the Site, you agree that Stardust Channel and its third party providers and partners may place such advertising on the Site or in connection with the display of Content or information from the services whether submitted by you or others.

 

Our terms and conditions are subject to change without notice.  Please check back for updates.