Fans Terms of Service

These Fans Terms of Service (Terms) and the Website User Conditions form the entire agreement between you as a user of the STARDM marketplace platform offered by Star Direct Message Ltd doing business as STARDM (STARDM, we or us) and STARDM regarding the services we provide including our website (STARDM.me), mobile application (App) and other services (collectively, referred to as our Site). You and User refer to you as a fan user of the Site.

 

These Terms apply solely to Users of our Site. Use of our Site is also subject to our User Conditions. Any use by you of our Site other than as a Talent user is governed by these Fans Terms of Service and the use of our Site by a Talent User is governed by the separate Talent Terms.

 

  1. Definitions

STARDM Party means any of STARDM and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors (collectively STARDM Parties);

Submission means any submission that you make to STARDM, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you or a third party. 

Talent means any talent that signs up to STARDM Site as a Talent user making services available to the fan Users as part of the STARDM Offerings (as defined below);

Talent Content means any content or data, STARDM Video, Fan Club Content, Virtual Event recordings, Messages, chats and anything else that you submit or communicate through the Site or other material that you contribute to us for distribution to Users through the Site;

User(s) means a user of our Site, either a fan who wishes to book any Offering from a talent or a User, as the context may require, who has been issued User IDs and passwords and are authorised by STARDM to access the Site; and 

User Conditions means the Website User conditions (as may be amended from time to time and as are available on the STARDM website at STARDM.me) which each User must strictly observe when accessing the Site.

  1. STARDM Offerings
  1. The STARDM offerings (Offerings) currently include: (i) Personalised Wish; (ii) Corporate; (iii) Subscription; (iv) Virtual Event; and (v) Live DM. 
  2. You may choose to request, participate and/or purchase any or all of the Offerings on the Site.  By request, participate and/or purchase any of the Offerings on the Site, you acknowledge and agree to the relevant sections in these Terms that are applicable to such Offering(s).
  1. Personalised Wish
  1. You are able to request one or more video recordings (each a STARDM Video) from a Talent who has enabled Personalised Wish Offering on the Site. Payment details are taken when a request is made but the payment is only taken once a request has been accepted.
  2. The Talent has the discretion to either: (i) accept the request and upload the STARDM Video; or (ii) reject the request. STARDM retains the right, in its sole discretion, to cancel any request from a User especially if a User’s request is objectionable or otherwise offensive.
  3. The request will expire once it is cancelled, rejected or not accepted after 7 days unless otherwise agreed. 
  4. If a request is accepted, the STARDM Video will be sent to you through the Site in line with the delivery time option you have chosen at the time of making the request. 
  5. The Talent has sole discretion to determine how to fulfil your request and the content of each STARDM Video will take into account your general directions and requests but it may not follow the request exactly. 
  6. You warrant that you have permission to use personal data of anyone mentioned or featured in the video and you are solely responsible for any use that may be in breach of any data protection or other applicable laws. You may only use the STARDM Video in accordance with these Terms and any applicable law and where the Talent wishes to exercise their erasure rights under law, you shall cooperate in dealing with such legally valid requests when notified by STARDM or the Talent.
  1. Corporate 
  1. The Corporate Offering includes Corporate shout-outs, brand or business commercials, team building, seasonal company greetings, special guests and appearances and the videos made for these purposes (each a Corporate Video) for the relevant business (Business) are all STARDM Videos for the purpose of these Terms (other than Clause 3 above).
  2. When you submit a request for a Corporate Video, you must specifically identify the Business, the types of goods or services that it offers, as well as the specific product, service, or brand that you request the Talent to mention or refer to.
  1. Subscription 
  1. Talents may also offer exclusive access to certain content and special features to Users who join their fan club (Fan Club) on a subscription basis. All benefits will be as described on the Talent’s profile page (e.g. exclusive news and videos, regular newsletters).  
  2. A Talent may cancel the Fan Club and you may also cancel your Fan Club membership with 30 days’ prior notice by contacting STARDM customer service team and the benefits of the Fan Club shall ceases upon the expiry of the Fan Club membership, which is on an automatic monthly rolling basis and payments will be taken on monthly direct debit.
  3. By subscribing to a Talent’s Fan Club you agree to the following;
  • Automatic renewal – By joining a Talent’s Fan Club you agree that your subscription will automatically renew each month and you will be charged accordingly for this service in accordance with our payment terms. Your payment card will be charged at the time you subscribe until the time you cancel the subscription.
  • Offers and Discounts – STARDM may offer discounts or provide special offers for the purchase of subscription (first month free trial). Users must enter a valid payment method to qualify for the free trial and unless cancelled within the time frame of the free trial users will be automatically charged. Offers and discounts are always granted at STARDM sole discretion.
  • User cancellation – You can cancel your subscription to a Fan Club for any reason, and at any time by selecting cancel via your account profile. To ensure you are not charged again, ensure you cancel your subscription at least 1 day before the subscription date of renewal.
  • Annual and Quarterly – Users will have the option to purchase a one-off annual fee or a 3 month quarterly fee to a Talent’s subscription service. If a talent leaves the platform within the time frame Users will be refunded for the part that the service will not be delivered
  1. Virtual Event 
  1. A Talent may offer you the opportunity to participate in a Live virtual event (each a Virtual Event). Details of the Virtual Event will be displayed on the booking page on the Site including event length, format, programme, scheduling details, ticketing, any limitation on the total number of participants and number of participants per individual User log-in and any other limitations, restrictions or information. 
  2. You acknowledge that each Virtual Event is subject to change in the date or details, or cancellation, in the Talent and STARDM’s sole discretion.
  3. You may not cancel, reschedule, substitute, return, or exchange an Virtual Event after booking and no refunds will be issued if you can no longer attend.
  4. If a Virtual Event has to end earlier due to special circumstances which renders continuing of the Virtual Event impossible or extremely difficult, STARDM in its sole discretion may determine whether a partial or full refund should be issued and what portion of the fees should be retained and paid to the Talent.
  5. You acknowledge and agree that you shall not record, use, publish, reproduce, distribute, display, post or share any portion of the Virtual Event.  STARDM may record and/or monitor the Virtual Event as it sees fit, as described in our Privacy Notice her [link].
  1. Live DM 
  1. A Talent may offer you the opportunity to send them a paid direct message as permitted through the STARDM Live DM feature.
  2. You may send the Talent a User-created message, a sticker from a collection of images made available through STARDM Live DM feature or video clip from up to specified size (each such message, and any response sent through the STARDM Direct feature, a Message).
  3. When you send a Message to a Talent, they may choose to respond or not, or choose to close out the thread at any time.  You may choose to send further Messages, but no refund will be issued under any circumstances, regardless whether your Message receives a response or not.
  4. We reserve the right to reject any Message that may pose security risk to the Site and all Messages will be processed in accordance with the Fan Privacy Notice.
  1. Registrations
  1. In order to participate on our Site, you must register. By registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us (collectively, Registration Data), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Site account and your use of our Site. You agree not to create a Site account using a false identity or providing false information, on behalf of another person (except as outlined below for an Organisation), or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. 
  2. By registering, you represent and warrant that you are of legal age to form a binding contract and you may be required to verify your age and identity failing which we may suspend your account. 
  1. Data Protection
  1. STARDM will process your personal data in accordance with applicable laws for the purposes described in the Fan Privacy Notice.
  2. STARDM undertakes to treat such information with due care and in accordance with the terms of the STARDM Fan Privacy Notice which can be found on STARDM website at www.STARDM.me.
  3. You may be given information in order for StartDM to deliver the Offerings which you shall keep confidential and shall not use it for anything other than to access the Offerings under these Terms.
  4. You warrant and undertake that you will not make any request or Submission that infringes on the privacy or other rights of a third party.
  1. User IDs and Passwords
  1. Once issued, the User IDs and passwords may only be used by the User to whom they were assigned.  Only Users shall be entitled to access the Site and no User IDs or passwords may be transferred, assigned or otherwise loaned.  
  2. You shall be fully responsible for all activities and any associated charges resulting from access to or use of the Site through User IDs and passwords assigned to the Users or any other means by which you access the Site and you agree to notify us immediately of any unauthorised access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorised access to or use of your Site account. 
  1. User Conditions
  1. Use of the Site will at all times be subject to the terms of the then-current User Conditions. Users shall be given notice of the User Conditions prior to accessing the Site and will be obliged to comply with the User Conditions when accessing or using the Site.  You confirm that you have read, shall comply with and shall take reasonable steps to comply with the User Conditions. 
  1. Fees and Payments
  1. The Talents set their own price (User Price) for each Offering they make available on the Site.  
  2. You agree to pay the User Price as displayed on the Talent’s profile page and on the purchase page for the relevant Offering(s) you choose.
  3. If a payment is declined or failed or refunded, we reserve the right to cancel, reject or not to fulfil your request or order or withdraw Talent Content or Offerings if they have already been made available to you.
  1. Talent Content 
  1. The Talents grant us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly display, create derivative works of (for example, translations, adaptations, or other changes we make so that Talent Content works better with our Site or otherwise), and to use their Talent Content for the purposes of operating and providing our Site, to develop and improve our Offerings, and to advertise, market, and promote our Site and Offering, and the Talent agrees that such Talent Content may, in STARDM’s sole discretion, be used, including displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. 
  2. For each STARDM Video (other than a Corporate Video), subject to your payment in full, you and the Recipient are granted a non-exclusive, royalty-free, fully paid, worldwide, revocable license to use, reproduce, distribute, and publicly display the STARDM Video, in any and all media, whether now known or hereafter invented or devised, to use the STARDM Video solely for your own personal, non-commercial, and non-promotional purposes. You may not sell, re-sell, or encumber your rights in any STARDM Video. You may sublicense your rights in a STARDM Video only to the extent necessary for you to use the STARDM Video as permitted under these Terms such as sharing it with friends on a social media platform or sending it to any third party that you to identify as a recipient (Recipient) of the message in the STARDM Video, all for personal, non-commercial, and non-promotional purposes. We have the right to request and you are obliged to inform us upon request where you have shared the STARDM Video and if you modify it or use it in violation of these Terms, we shall have the right to erase the Content and/or suspend your account.
  1. For each Corporate Video, subject to your payment in full, you and the Business are granted the following rights, solely for the reasonable promotional purposes of the Business, for 180 days from the date the Corporate Video is sent by STARDM to you (i) a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Corporate Video solely for the purpose as described in the request and on media (website or social media account) wholly-owned, operated, and controlled by the Business as specified in the request; and (ii) the right to advertise and promote the display of the Corporate Video on the social media account through advertising only on the applicable social media platform.  You acknowledge and agree that the Business is solely responsible for adhering to applicable data protection requirements for the use or disclosure of any personal data included in the Corporate Video. 
  1. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a STARDM Video from our Site at any time for any reason without any notice to you. 
  2. STARDM is authorised by the Talent as the owner of the copyright in the Talent Content, to act as their agent in order to submit any demand with respect to STARDM Videos. If we see use of the Talent Content by Users or Recipients in violation of these Terms, we reserve the right to reject or not to transmit Talent Content, or remove Talent Content from the Site which decision shall be in our sole discretion.
  3. You acknowledge that your request, Submission and any Talent Content is non-confidential, non-proprietary, however it does contain personal data which is protected under UK data protection and privacy laws. We will not be responsible or liable for any use or disclosure of Talent Content, including any personal data included in that Talent Content. 
  1. Intellectual Property
  1. Other than Talent Content, we or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, STARDM Content); and (ii) our trademarks, logos, and brand elements (Marks). Our Site, STARDM Content, and Marks are each protected under English and international laws. You may not duplicate, copy, or reuse any portion of STARDM Content or use the Marks without our prior express written consent. 
  2. You own each request or Submission created by you.
  3. For the avoidance of doubt, if a feature or project developed by us, our employees, or our contractors seems similar to feedback or material submitted to us by you or a third party, to the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, Feedback), you acknowledge and agree that you are submitting that Feedback for us to consider and that STARDM has no obligation (with respect to your Feedback, and you grant to STARDM a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
  4. You hereby waive any and all moral rights that you may have in the request/Submission or Feedback, and you represent and warrant that: (i) you own all rights in and to your request/Submission and Feedback and that you have the right to grant the rights described in these Terms. This includes obtaining the prior consent of any individuals whose personal data (including their images and voice or information relating to an identifiable individual other than You) are included in the submission; (ii) in connection with each Corporate Video, no statement about Business is factually incorrect or misleading, disparaging or defamatory and you will comply with all applicable laws and regulations; (iii) your request/Submission and Feedback does not infringe, misappropriate, or otherwise use without necessary authorisation, any intellectual property, data protection, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order.
  1. Limitation of Liability and Disclaimer of Warranties
  1. The Site is provided on an “as-is” and “as-available” basis.  STARDM does not warrant that use of the Site will be uninterrupted, error-free or secure. Use of the Site is entirely at your own risk. 
  2. The STARDM Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site or any material or information downloaded or otherwise obtained through our Site. You acknowledge and agree that the STARDM Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; or (ii) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any material or information posted or shared through our Site.
  3. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that STARDM is not responsible for the safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against any STARDM Party with respect thereto.
  4. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any STARDM Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not STARDM has been advised of the possibility of such damages.
  5. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the amount received by STARDM from you during the 12 months preceding the claim giving rise to such liability.
  1. Indemnification
  1. You agree to indemnify, defend, and hold harmless STARDM STARDM Parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) these Terms; (b) use of our Site; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; (e) your mis-use of Talent Content; or (f) your request/Submission or Feedback. STARDM may select counsel and control the defence of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim. 
  2. STARDM agrees to indemnify, defend, and hold harmless you from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to the use of the Site.  
  1. Termination 
  1. You may cancel your Site account at any time by contacting a member of the STARDM team at [email protected] or through the preference centre]. Orders already confirmed and paid for will also be terminated and no refund will be issued.
  2. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, at our sole discretion. 
  1. Miscellaneous
  1. Changes:  STARDM may change these Terms or the User Conditions at any time to reflect changes in law, technology, industry standards.  STARDM shall provide you with prior written notification (whether or not by electronic means) of a material change.  In the case of non-material changes, the most up-to-date version of these Terms and the User Conditions shall be available on the STARDM website at www.STARDM.me. Continued use of the Site by you or any User shall constitute acceptance of any new or modified version of these Terms and/or the User Conditions.
  2. Third Party Websites:  Use of the STARDM Service may lead you and Users (via a hyper-link or otherwise) to web sites owned or operated independently by third parties (Third Party Websites).  Such Third Party Web Sites are governed by their own terms and conditions and privacy policies and you acknowledge that STARDM shall not be in any way responsible for any access to or use of such Third Party Web Sites and any related products or services available through such sites.
  3. Some Talent User’s may associate with an entity such as a charitable organisation, this will be identified by an icon or description on the Talent User’s profile. By associating with a charity, the Talent User may indicate that all or a portion of the Talent User’s Fee from a STARDM product will be given to a charity. Those arrangements are strictly between the Talent User and the Charity. STARDM is not a sponsor of, does not endorse, and is not affiliated with the charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by STARDM). Unless otherwise stated, STARDM does not control and make warranties about the charity or any donation to the charity.
  4. Severability:  If any provision in this Agreement is held to be invalid or unenforceable, it shall be reconstrued to reflect as closely as possible, its original intention, but all the remaining provisions shall remain in full force and effect.
  5. Assignment: STARDM may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganisation, bankruptcy, other transaction, or by operation of law.
  6. Force Majeure:  STARDM shall not be in breach or otherwise liable to you for any delay in performance or non-performance under these Terms if it is due to any event or circumstance beyond its reasonable control including acts of God or nature, failure or shortage of power supplies, acts or omissions of government or other authorities or any telecommunications carrier, operator or administration or Internet service provider, war, act of terrorism, riot, trade dispute, lock-out or labour disturbance (each a Force Majeure Event). You will also not be held in breach of your obligations if your failure to fulfil a request is due to a Force Majeure Event.  
  7. Applicable Law; Venue: These Terms and any disputes or claims arising out of or in connection with the Terms or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. The parties irrevocably agree that English courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).