Last Modified: December 1, 2018
Please allow us to introduce ourselves. SocStar is a platform that allows content producers to upload, market and sell their original, owned videos and images ("Content") as well as other goods to their adoring followers. SocStar does not take responsibility for any Producer uploaded content on our Website, including, without limitation intended, the pricing, quantity, quality, terms, conditions or legality of any Content or other goods sold or offered for sale by Producers.
SocStar is owned and operated by Elite Promotional Services, LLC, a US company with an address of: 300 Center Drive, G-197, Superior, CO 80027 ("Company").
SocStar is offered and available to Users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. You are responsible for:
While we believe that we have created a state of the art platform that will be available for the use and enjoyment of our Users on a reliable basis, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
Welcome Visitors! Thanks For Finding Us!
Creating an Account With SocStar
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In the event that you wish to permanently disable your account, please contact us and we will delete your account and content within thirty (30) days but do keep in mind that once cancelled, your account cannot be restored. Our policies comply with the EU General Data Protection Regulation.
You Are A Producer? Our Platform Supports You Every Step Of The Way!
SocStar was designed specifically for you, the content producer who loves to create unique, interesting, fun and informative video, photographic and textual content for people who share your interests. We have developed a safe and very easy to use environment for you to upload and display your hard work for money. Our Website allows you to determine the look and feel of your members' area, decide what you wish to post and when (within the guidelines of our Community Standards Policy), what you want to charge your Followers for access to your premium Content and the sale of other goods, as well as how you communicate with Users. We also offer a "by invitation only" affiliate program that rewards you for referring other Producers! (Check out our Affiliate Program Guidelines).
Becoming a SocStar Producer.
In order to become a SocStar Producer, during your initial registration on the Website, click the "I'm a Producer!" button, which will open up an application form. Please thoroughly complete the form and click the "Submit" button. Once you have submitted your application, SocStar will review it (typically within 24 hours) and will either approve or reject it. Sometimes, we may ask for additional information, including sample Content, in order to make a determination on your application. We will communicate our decision or ask for more information via the e-mail or mobile number that you have provided to us during registration.
Once your Producer status is granted, you will be asked to provide banking information so we may pay you for your sales. If you are located in the United States, we will require you to complete a Form W-9 as a condition of receiving any payment. Once we get the paperwork out of the way, the real fun begins. You will be granted access to your personal dashboard where you may set up your profile page and start posting! As part of this process, you will need to determine your monthly subscription and, if applicable, your individual content pricing. Please remember to consult with our Community Standards Policy before uploading Content.
Content Ownership & License Rights.
You worked hard to create your Content so don't worry that you won't continue to own it by uploading to SocStar. Our company was founded by veteran content producers who, like you, are very protective of their content so let us make this very clear, you will continue to own everything you post. In order for us to operate our Website, promote and display your Content and make it available to your Followers, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide right and license to use, reproduce, distribute, perform, publicly display and prepare derivative works of your Content solely on SocStar.com. You also grant your Followers the right to view and download your Content during each applicable subscription period. It probably goes without saying (again) but because we take Content ownership very seriously, no SocStar User may post content that infringes on anyone's intellectual property or proprietary rights. Followers must not use or distribute a Producer's Content in any manner not expressly authorized by the Producer.
What Do We Charge?
SocStar charges a flat 18% commission on all Follower payments to Producers. This commission includes 100% of the processing fees imposed upon each transaction but excludes any foreign transaction fees and taxes, if applicable. From our commission, we also typically payout an affiliate fee to Producers who have helped us recruit other Producers to the Website. Taxes imposed upon each sale are the responsibility of the recipient Producer, including for example, the payment of VAT. In order for us to pay any funds to a Producer they must first complete certain banking and tax related forms.
We are not a party to any agreement between Producers and their Followers but we do reserve the right to issue refunds to Followers upon their request, although it is not our practice to do so. If we do grant a refund, we will deduct such amount from our payments to the Producer.
Banning Producer Accounts
It's Cool to Be a Follower on SocStar!
SocStar knows you like to view premium Content and we make it easy for you to search, discover and view many genres and types of Content! Your favorite Producers are here (or will be soon). You just need to become a registered User to get started interacting with them.
Whether you are purchasing a monthly recurring subscription to a Producer's premium Content, or are purchasing Content or other goods on a non-recurring basis, SocStar makes the process easy and secure. You just need to determine your payment method, enter your billing information and click to approve the charge through one of our secure third party payment processors.
Subscriptions to each Producer's premium Content are typically charged on a monthly recurring basis, starting the date in which you first approve the charge and recurring every thirty (30) days thereafter. Once a payment is made, no refunds are given except in our sole discretion. For example, we do not offer refunds if you are unable to access premium Content or if goods purchased from a Producer are delayed, damaged, defective or not delivered. You may cancel any monthly subscription by following the steps set forth in your dashboard or by contacting us here. Each Producer determines the pricing for their recurring subscriptions as well as pricing for their a la carte Content and other goods. However, depending on your location, your bank may charge you a foreign transaction fee. This fee, which is not determined by SocStar or any Producer, will be charged in addition to the charge you have agreed to pay for Producer content, goods or services. Please contact your bank for additional information on this charge, if applicable. Additionally, you are responsible for the payment of any taxes charged on your transactions.
Follower Comments and Messages
Followers are able to post publicly viewable comments on Content and, in most cases, may directly message Producers via our Website interactive features ("Contributions"). All Contributions on the Website must comply with the Community Guidelines and will be considered non-confidential and non-proprietary. By making a Contribution, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
Banning Follower Accounts
Community Standards Guidelines. What Content Is Not Allowed on SocStar?
All Content uploads must in their entirety comply with all applicable federal, state, local and international laws and regulations. SocStar reserves the right to review and remove Content and ban accounts that may violate our Community Standards Guidelines. These Guidelines are not meant to be exhaustive but should give you a good sense of what's cool with us and what's never allowed. Let's get into it:
Hate Speech. SocStar prohibits Content, including posts and comments, that in any way promotes or attacks a person's or community of person's ethnicity, race, national origin, sex, gender, sexual orientation, religion, age, disability or serious medical conditions.
Bullying and Harassment. SocStar is a safe place for all Users and we will not tolerate any User conduct that appears to us, in our sole discretion, to be harassing, inflammatory, violent, mean or bullying to others. With that said, Users are entitled to express their opinions, but please remember the "rule" that you should not post anything that you would not want your (boss, spouse, mother, teacher, etc) to read.
Copyright. Simply put, if its not yours or you don't have a legal right to use it, don't post it! All Content posted on SocStar must be owned by the person making the post or have a license from the Content owner to do so. If you become aware of someone posting Content that is owned by you or someone other than the poster, please let us know, here.
NSFW Content. The NSFW content category can be divided into adult themed content, violent content, illegal content and gross content. For all of these types of content, the general rule is that SocStar gives wide latitude to Producers and their Followers to decide what they want to show/see. Notwithstanding, we have a few rules that we ask everyone to follow, and in all instances, we reserve the right but do not have an obligation, to police the content on SocStar and remove any content that we deem to be in violation of these guidelines:
Intellectual Property Infringement. All content that Producers post on SocStar must be their own original work or, if they did not create it, they must have the legal right to display and/or sell it to other Users on SocStar. Producers must not impersonate others by creating an account using another person's identity. SocStar does not engage in the review of Content to determine "fair use", but if we receive a valid DMCA takedown notice, we will comply with our removal policy found here.
Other "Bad" Behavior. Worms, viruses, spam, malware, doxing, phishing, spoofing, hacking and spyware are never allowed on SocStar so just don't do it! SocStar is all about honesty so we prohibit user names, profiles and Content that is likely to deceive any Users as well as any attempts to impersonate any person, or misrepresent one's identity or affiliation with any person or organization. Additionally, Content that involves contests, sweepstakes and other sales promotions, barter or advertising are prohibited.
A Word on "Dangerous Content". This type of content is allowed as long as it does not otherwise violate one of the other Community Guidelines but we ask that Producers include disclaimers on such Content to discourage others from engaging in the dangerous activities depicted.
How to Report Content in Violation of our Community Guidelines. All Users may, and are encouraged, to report Content that is in violation of our Community Guidelines. With the exception of the reporting of intellectual property infringement, which may be reported here, please report any violations by clicking on the reporting buttons and drop downs that are located adjacent to each piece of Content on the Website. You may also report violations of our Community Guidelines by e-mailing support. When doing so, please describe and include a screenshot of the violation you observed so we may take it from there. The Company may not respond to every reported Community Guidelines violation and determination of the appropriate remedy is at the Company's sole discretion. Together we will make SocStar fun and safe for all Users.
Monitoring and Enforcement; Termination
SocStar has the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all Content and Communications before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications Content or Communications provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Our Intellectual Property Rights
While Producers shall at all times possess the exclusive right to own, share and sell their Content they post on SocStar, the Website, including its logos, text, features and functionality (including but not limited to its codebase), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Trademarks. The Company name, the term and logo, "SocStar" and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the User accounts of repeat infringers.
Reliance on Information Posted
The Content and other materials and information (collectively, "Information") presented on or through the Website are made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness or usefulness of any Information. Any reliance you place on such Information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes Information provided by third parties, including Information provided by Producers, other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any Information, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing the Information. The Information does not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Information provided by any third parties.
Linking to the Website and Social Media Features
As a Producer, you may link to the SocStar homepage or to your designated URL on SocStar (e.g. www.socstar.com/your-username-here), provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.
This Website may provide certain social media features that enable you to cause the public facing portions of your Content on this Website to be displayed or appear to be displayed on websites and social media platforms. Subject to the foregoing, you must not:
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.