Welcome to StarScript
Your Information
Account Creation
Creators
Subscriptions
Productions
Amendments
Deletion, Suspension, and Appeal
Foundational Obligations
Limits on Intellectual Property
Limits on Liability
Warranty Disclaimer
Copyright Infringement
Indemnity
Third-Parties
Severability
Waiver Of Class Action
Dispute Resolution
Jurisdiction
Reservations
Law Enforcement Guidelines
Community Guidelines
Customer Support
Appendix I: Definitions
1.1 StarScript Inc. and its agents ("StarScript") operate a website, mobile application, and other tangible mediums of expression ("StarScript Products") to promote the progress of science and useful arts, by increasing artists' accessibility to both their exclusive rights and applicable business solutions in the effort to further their creative prosperity.
1.2 StarScript may be referred to as "we", "us", or "our" and you as "you" or "your". This user agreement ("Agreement") governs your use of StarScript Products, except where otherwise expressly stipulated.
1.3 This user agreement ("Agreement") governs your use of StarScript Products, except where otherwise expressly stipulated herein.
1.4 By using StarScript Products, you hereby agree and accept to be bound by this Agreement and represent and warrant that you have read and understood all of the writing(s) herein.
1.5 THIS AGREEMENT CONTAINS A WAIVER OF CLASS ACTION RIGHTS (Section 17) AND A BINDING ARBITRATION CLAUSE (Section 18).
2.1 Our Privacy Policy explains what kind of personal data ("Personal Information") that we collect as well as how that information is used. By using StarScript Products, you consent to the collection and use of Personal Information as set forth in the Privacy Policy.
3.1 By creating a user account ("Account"), or by using StarScript Products in any way, you represent, warrant, covenant, and agree that:
You shall only possess one (1) Account;
You shall submit accurate Personal information for your account;
You shall update Personal information such as your legal name, if changed, within a reasonable time;
Your password shall be confidential;
Account-sharing shall be prohibited;
You shall be responsible for all unauthorized access to your Account;
You are at least eighteen (18) years old;
You are a United States citizen or subject to the laws thereof;
You have not previously violated this Agreement, the Privacy Policy, the Community Guidelines, or any of our other policies;
You have not previously had injunctions served upon you for either civil or criminal copyright infringement;
You are not a convicted sex offender;
You have not violated any other applicable law(s); and
Your use of StarScript Products shall not be for any illegal or unauthorized purpose.
4.1 Creators are users who fix an original work of authorship (“Creative Work”) or any other content to StarScript Products;
4.2 Creators may be further distinguished through various Creator types, such as Authors, Illustrators, Composers, or Filmmakers.
4.3 Creator Types
Authors create literary works, either fiction or nonfiction, including but not limited to short stories, novels, screenplays, poetry, periodicals, textbooks, or manuscripts.
Illustrators create visual works, including but not limited to paintings, drawings, photographs, graphic design, blueprints, figurines, sculptures, or poses and expressions as in the case of modeling or acting.
Composers create musical works, including but not limited to vocals, narration, voice over, instrumentation, songs or tracks, soundtracks or albums, scores, or other musical performance.
Filmmakers create audiovisual works, including but not limited to videos, music videos, motion pictures, film or documentary, television episode or series, or other work of audiovisual or other work of motion.
4.4 Grant Of License
When acting as a Creator, you represent and warrant that you possess the necessary copyright to transfer ownership and/or issue licenses to the Creative Works that you fix to StarScript Products.
When acting as a Creator, you grant to StarScript a worldwide, non-exclusive, royalty-free, transferable, irrevocable license (“License”) to host, copy, transmit, publicly perform or display, prepare derivative works, or otherwise use the Creative Works that you fix to StarScript Products, for the purposes of ordinary course of business, including but not limited to the development, production, and advertising of StarScript Products.
4.5 Rights
You retain copyright ownership of the Creative Works and other content that you fix to StarScript Products.
5.1 General
5.1.1 StarScript Products are free to download and use. However, additional features and content require a subscription to the service (“Subscription”). Users who purchase a Subscription (“Subscribers”) have their accounts upgraded to enable premium (“Worldbuilder”) features, which include but are not limited to:
5.1.1.1 Worldbuilder Badge - A planetary icon that allows Worldbuilders to stand out;
5.1.1.2 Worldbuilder Group - A group to discuss StarScript Products and the development thereof;
5.1.1.3 Development Update Group - A group to receive exclusive updates from the StarScript team;
5.1.1.4 Originate Multiple Productions - Allows a Subscriber to originate more than one (1) Production.
5.1.1.5 Advanced Insights - Allows a Subscriber to view additional quantitative data about their Profile.
5.1.2 The aforementioned list represents an introductory set of Worldbuilder features that will evolve over time as development of StarScript Products continues.
5.1.3 StarScript does not guarantee that any Worldbuilder features will be free from error, always available, or without technical issues. StarScript Products are in development; some or all features may not be fully functional.
5.1.4 You agree and understand that StarScript Products, the Subscription, and all Worldbuilder features are provided on an “AS IS” basis.
5.1.5 You can learn more about the future of StarScript by visiting our Roadmap. It offers a glance at features we have planned for each phase of development.
5.2 Payment
5.2.1 As a Subscriber, you represent, warrant, covenant, and agree that you have the necessary rights to use the credit card or payment method submitted;
5.2.2 Subscribers agree to pay the subscription fee, as well as any other applicable fees incurred in connection with their Account;
5.2.3 Subscribers shall be billed monthly or annually, depending on the type of subscription selected; and
5.2.4 Subscribers authorize StarScript to request and collect payment.
5.3 Renewal
5.3.1 The Subscription shall be renewed automatically on a recurring basis. Subscribers will be charged in advance of each billing cycle unless cancellation occurs.
5.4 Price
5.4.1 From time to time, StarScript may amend the price and terms of the Subscription. By continuing to use StarScript Products, you consent to any and all amendments. StarScript will give a thirty-day (30) notice of these changes before they occur in order to allow users the opportunity to cancel.
5.5 Cancellation
5.5.1 To cancel a Subscription, Subscribers can access their account at https://www.starscript.com/ or through the mobile application. Simply navigate to your account and select 'DELETE';
5.5.2 Breach of the terms of this Agreement may result in the cancellation of a Subscription; and
5.5.3 StarScript reserves the right to cancel any Subscription for any reason.
5.6 Refunds
5.6.1 Subscriptions are non-refundable. However, StarScript reserves the right to issue refunds under our sole discretion.
6.1 StarScript allows Creators to originate and join membership portals (“Productions”) for their creative projects. Productions include one or more original, hired, or licensed works of authorship, that when combined together, form a singular work.
6.1.1 Refunds
5.6.1 Subscriptions are non-refundable. However, StarScript reserves the right to issue refunds under our sole discretion.
8.1 StarScript may amend, supplement, or otherwise modify this Agreement from time to time in order to accurately reflect current services and practices, to further secure our intellectual property rights, to further secure the intellectual property rights of our Creators, or to comply with applicable law.
8.2 We will make good faith efforts to notify our community of these changes when they occur.
8.3 If updates to this Agreement are unsatisfactory you may delete your account at any time.
9.1 Account deletion will cause any License granted to StarScript, for the purposes of ordinary course of business, to end.
9.2 Rights to Creative Works that are transferred shall remain transfered, including but not limited to Creative Works:
In use by a Production;
Sold through Commission Agreements;
Licensed through License Agreements; and
Fixed to StarScript Products under Creative Commons or public domain.
9.3 Your account may be temporarily or permanently suspended if StarScript finds that you have breached this Agreement, the Privacy Policy, the Community Guidelines, or applicable law.
9.4 We will do our best to provide notice of any suspension as well as provide an opportunity to appeal. Currently, appeals can be made to [email protected].
10.1 You shall act with good faith, honesty, care, diligence, and observe reasonable commercial standards. These obligations may not be disclaimed by any agreement, including License Agreements or Commission Agreements.
11.1 StarScript reserves the rights to its copyrights, trademarks, trade secrets, and other marks. No works or marks may be used, reproduced, modified, publicly displayed or performed, transmitted, or have derivatives made thereof without express permission from StarScript.
11.2 You shall not copy, modify, distribute, sell, or lease any part of StarScript Products, including attempts to engineer or extract source code.
12.1 To the fullest extent permitted by applicable law, in no event shall StarScript be liable for damages of any kind arising out of or in connection with StarScript Products, including but not limited to damages caused by:
Other users;
Errors, mistakes, or inaccuracies;
Personal injury or property damage;
Unauthorized access or use of an account;
Interrupted or cessation of service(s);
Viruses or malicious code transmitted by a third-party; or
Removal or unavailability of accounts, content, works, information, and other data.
12.2 StarScript shall not be liable for monetary, injunctive, equitable, or infringement relief through our transmission, routing, connecting, intermediate or temporary storage, or other applicable use of materials in our capacity as an online service provider (17 U.S.C § 512).
13.1 As permitted by applicable law, your access to and use of StarScript Products is at your sole risk and is provided by StarScript on an “AS IS” basis. To the fullest extent permissible by applicable law, StarScript hereby disclaims and makes no representations, warranties, endorsements, or promises, express or implied, in connection with or otherwise directly or indirectly related to, without limitation, StarScript Products.
13.2 StarScript disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, satisfactory quality, and non-infringement. We make no commitments or warranties about the content provided on or through StarScript Products, its features, accuracy, reliability, correctness, or accessibility.
13.3 StarScript makes no warrants or promises that StarScript Products will be free from error, safe, or secure.
13.4 StarScript Products may experience interruptions due to Software Testing, scheduled or unscheduled maintenance, updates to code or computer programs, bugs, crashes, or other interference which may cause a delay or temporary cessation of service.
13.5 StarScript is not responsible for any loss of data, cost, or any other damages incurred as a result of using StarScript Products.
14.1 With the exception of fair use as defined by 17 U.S.C. § 107, which includes use strictly for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, StarScript shall apply the Digital Millennium Copyright Act (“DMCA”) to address material that is alleged to infringe upon the copyright of a user or third-party.
14.2 You can submit a notification of claimed infringement (“Takedown Request”) with the DMCA Takedown Request Form. Takedown Requests shall include the following:
Physical or electronic signature(s) of authorized person(s) acting on behalf of the copyright owner(s);
Identification of the copyrighted work(s) claimed to have been infringed;
Information to help StarScript locate the infringing material(s);
Contact information of authorized person(s);
Statement of good faith belief that the infringing material is not authorized by the copyright owner(s); and
Statement, under penalty of perjury, that the aforementioned information is accurate and that the complaining party is authorized to act on behalf of the copyright owner(s).
14.3 Upon receipt of a Takedown Request, provided that it contains the proper elements of notification as outlined in 17 U.S.C. § 512(c)(3)(A), StarScript will act expeditiously, in good faith, to remove or disable access to the material that is claimed to be infringing.
14.4 StarScript will add a content strike (“Strike”) to accounts that are alleged to infringe upon the copyright of another user or third-party. Strikes expire after ninety (90) days or when a valid counter notification is received by StarScript. Upon receipt of three Strikes, repeat infringers will be subject to account termination, depending on the nature of the infringement.
14.5 StarScript will comply with valid legal subpoenas that seek to identify alleged infringers.
14.6 StarScript does not interfere with standard technical measures and may assist copyright owners in the protection of copyrighted works.
15.1 You accept and agree to indemnify and hold harmless StarScript from any claims, damages, losses, fines, penalties, attorney's fees, liabilities, or other loss (“Claims”) resulting from your use of StarScript Products, your violation of this Agreement, your violation of a third-party, or any any claim. Notwithstanding the foregoing, StarScript retains the right to settle any claim.
16.1 StarScript may contain links to third-party websites that are not owned or controlled by StarScript. StarScript assumes no responsibility for such websites. By leaving StarScript Products, we encourage you to read the terms and policies of each third-party website that you visit.
16.2 StarScript may access your linked third-party accounts. You may revoke this access using the third party's security settings page.
16.3 If StarScript Products are provided through Apple Inc. or the Apple App Store (“Apple”), this section applies. You and StarScript have read and agreed to the Apple Media Services Terms and Conditions. You may use Apple-branded Products that you own or control to use StarScript Products. Apple is not responsible for StarScript Products and the content thereof, including any maintenance and support services with respect to the Agreement. You may notify Apple of any failure to conform to applicable warranties. Apple has no warranty obligation whatsoever with respect to the Agreement, as well as any claims, losses, liabilities, damages, costs, or expenses due to failures to conform to applicable warranties. Apple is not responsible for addressing any of your claims or any claims of a third-party. Apple is not responsible for investigating, defending, settling, or discharging any copyright infringement claims. Apple, and its subsidiaries, are third-party beneficiaries of this Agreement in that Apple has the right to enforce this Agreement against you as a third party beneficiary.
16.4 If StarScript Products are provided through Google Inc. or the Google Play store (“Google”) this section applies. This Agreement is solely between you and StarScript. You and StarScript have read and agreed to the Google Play Developer Distribution Agreement. To the extent that this Agreement conflicts with the Google Play Developer Distribution Agreement, the Google Play Developer Distribution Agreement will supersede this Agreement. Google will not be responsible for, and will not have any liability whatsoever under this Agreement.
16.5 Additional third-parties may be included in this Agreement from time to time as production and development of StarScript Products continues.
17.1 Any provision or clause of this Agreement that is found to be invalid does not affect other provisions or clauses and to that end the provisions herein are severable.
18.1 You agree and accept to waive all rights to participate or be included in any class action lawsuit or multi-party actions or suits against StarScript. This includes but is not limited to:
Class actions as defined by 28 U.S.C. § 1711; and
Class actions as defined by Rule 23 of the Federal Rules of Civil Procedure (FRCP).
19.1 Any claims arising out of or related to this Agreement shall be resolved through alternate dispute resolution (ADR). Subsequently, this Agreement shall constitute submission to binding arbitration under the Federal Arbitration Act (9 U.S.C.§ 1, et seq.).
19.2 Disputes shall be resolved in the following ADR stages:
Informal means by contacting StarScript at [email protected]. We will make good faith efforts to resolve disputes to the best of our ability.
Mediation, whereby an impartial person (“Mediator”) is appointed to help settle disputes, administered by the American Arbitration Association (“AAA”) under the Commercial Mediation Procedures and under the locale of [Delaware]. Any party may initiate a request for mediation and shall notify the other party of such request.
Arbitration, whereby an impartial decision-maker (“Arbitrator”), makes a binding decision, administered by the AAA under the Consumer Arbitration Rules (“Rules”) and under the locale of [Delaware].
Any party may initiate a demand for arbitration within a reasonable time after a dispute has arisen and shall notify the other party of such a demand.
The parties hereby waive their right to present claims in court, right to a jury trial, and any right it may have to join claims.
The parties shall be responsible for paying their own attorney's fees, costs, and expenses, regardless or which party prevails, excluding recovery that applies under applicable law or by the discretion of the arbitrator.
Arbitrators shall not have the power to award indirect, punitive, special, or consequential damages against either party.
20.1 Any claims, controversies, or disputes (“Disputes”) that arise related to this Agreement shall be governed by Delaware law or the applicable federal court in the case of infringement.
21.1 All rights not expressly granted are reserved by StarScript.
22.1 StarScript may, without limitation, involve, cooperate, and comply with law enforcement.
22.2 StarScript may share information or records with authorized law enforcement authorities:
When we believe that there is an exigent emergency involving danger of death or serious physical injury to a person and we possess information necessary to prevent that harm;
When any laws in the United States are applicable; and
When StarScript, in its sole discretion, determines merit exists.
22.3 StarScript may preserve information or records that constitute potentially relevant evidence in a legal proceeding.
23.1 StarScript strives to provide a healthy digital space for people to socialize and communicate with one another so that they may express their free speech, thoughts, and ideas in a creative and productive manner. Therefore, your use of StarScript Products shall be further governed by our Community Guidelines.
24.1 If you have any questions, suggestions, or other concerns about this Agreement, please contact us through our online form or at [email protected].
Last Updated: 7/20/2022