SubscribeStar.adult Terms of Service

Updated: August 16, 2022 06:25 am

Preamble

Please, read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement in its entirety, as well as to Privacy Policy and Refund Policy, then you must not proceed with the further site exploration or interaction and immediately leave the website and/or abandon the use of any related services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

These Terms of Service apply to all Users of the site, including but not limited to, users who are visitors, guests, customers, subscribers, content creators, and/or contributors of content.

By accessing this site, viewing any content within this site, registering with the service, and/or contacting our Support Team, you acknowledge that you have read, understood and accepted these Terms of Service in its entirety.

Violation of the terms may lead to suspension, lock, or removal of related user accounts. 

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United States of America. 

General Statements

This website is operated by Starcling, LLC, a US entity. Throughout the site, the terms "we", "us" and "our" refer to Starcling, LLC as a company. The terms "Service", “Platform”, "SubscribeStar", "this site" refer to this website as a platform and the services offered by us. 

Starcling, LLC is a sole seller and a provider of all services and tools offered on the Platform, unless stated otherwise. We offer this website, including all information, tools, and services available from this site to you, the user ("User", "Subscriber", "Star", "Content Provider", "Referral Associate"), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing or using any part of the site (SubscribeStar.adult and www.SubscribeStar.adult) and/or purchasing something from us (i.e subscriptions), you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use", "Terms and Conditions", "Terms"), including those additional terms and conditions and policies referenced herein and/or available here - https://subscribestar.adult/tos.

Any new features or tools which are added to this site shall also be subject to the Terms of Service. 

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to check this page periodically for changes. 

Service Terms

We reserve the right to refuse service to anyone for any reason at any time.

By agreeing to these Terms of Service, you confirm that you are at least 18 years old. To be registered as a User of this site - as a Subscriber or as a Star - and be able to receive payouts and pay for subscriptions, you must be at least 18 years old.

You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

By agreeing to these Terms of Service you also agree to all rules and regulations that are imposed on our Service by the third parties involved in the payment processing, content hosting, operational support, and any other services and activities that are essential for this Service’s operations.

A breach or violation of any of the Terms will result in suspension and possible consequent termination of your Services. 

Affiliations

We, as a Company and as a Service, do not affiliate ourselves with any political party, tribe, caste, clan, or society. We think of ourselves as of the international group of professionals that brings this Service to you for your pleasure and for our collective profit.

Any attempt to skew, alter, bias, or gravitate our opinions or business decisions toward any political party, congregation, ideology, dogma, or a single idea, expressed and/or shared individually or by a group, will be disregarded. 

Roles

While signing up with the platform, you will have to choose between two roles - “Subscriber” or “Star”.

Subscriber role is for those who want to just get access to somebody else’s content by pledging monthly subscription fees or to contribute a one-time sum of money via the Tip feature. Subscribers may choose what name/nickname and avatar will be visible to the Star he/she subscribed to, and also if his/her e-mail and a shipping address will be visible to the Star.

Star role will better suit the content creators, whose goal is to publish original content and collect pledges made by Subscribers via Subscriptions and Tips. Star can subscribe to other Stars without changing the role.

Both roles may choose to provide us or each other with the shipping address and e-mail in case a physical delivery should be made.

It’s prohibited to subscribe to your own profile and/or make a tip to yourself or any profiles created by you.

It’s prohibited to create subscriber accounts on behalf of other persons.

Pricing and Fees structure with respect to Subscribers and Stars is outlined in the dedicated Pricing section of this site.

Relationships between Stars, Subscribers and the Service

PAYMENTS' DISPUTES
Service provides recourse to cardholders in the event of a dispute concerning payments. Service assumes all liability concerning the payment processing, including maintaining compliance with tax laws and taking steps to prevent fraud. All inquires concerning payments should be submitted to [email protected].

OTHER DISPUTES
We do not mediate or arbitrate relationships between Subscribers and Stars, nor do we interfere in any controversy that may derive from such relationships.

In case that requires both parties involvement (i.e. Subscribers and Stars) either should initiate contact with the opponent/proponent by any possible means, avoiding any involvement from our side. If such involvement is unavoidable, we reserve the right to proceed on whatever timeline and with whatever proposition we decide.

In case when you, as a Subscriber or a Star having issues or concerns in regards to provided Services, we encourage you to contact us directly prior to initiating any related discussion online elsewhere.

By agreeing to these Terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding. We, as a Company and as a Service, are also waiving these rights.

For further information, refer to the “Limitation of Liability” and “Indemnity” chapters. 

Onboarding Stars

To start posting/publishing on this Platform, you have to become a Star.

We provide our Service only to the Stars whose profiles/accounts aren’t rejected or terminated.

Before a fully functional version of the Platform is available for your use as a Star, you will need to complete the Sign-Up form. This form must be completed in full, including your actual active e-mail address, secure password, original profile name, reasonable monthly subscription fee, attractive profile avatar, and meaningful profile description.

Upon completion, your application will be reviewed and considered for approval, which will or will not be granted. We may grant approval or refuse to do so, at our sole discretion with or without explanation for each outcome.

We reserve the right to take as much time as we want in order to finish the review process. If you believe your application was rejected by mistake, you can contact our Support Team via e-mail with questions and additional supporting materials or information.

Those profiles that are under review should be expecting fair treatment, but profile owners must release us from any and all obligations with respect to the time that takes to review the profile and conditions that will be applied to the aforementioned review.

After you signed up but before your profile fully approved, you can use Platform with limited features. 

Prohibited Uses

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

In addition to other prohibitions as set forth in the “Profile and Account Termination” chapter, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We will not accept applications from any organization whose goal is to crowdfund for whatever purpose.

It’s prohibited to accept payments or create a Star profile on behalf of somebody else. It’s allowed to create a Star profile only for supporting your creative activity. If creative activity is not defined or not clear, we take the right to suspend or terminate your account. 

Any account that is in any way related to the prohibited activities within the Platform or elsewhere will be immediately and permanently banned from the Platform and may be reported to the appropriate organizations. All inbound and outbound transactions will be halted, and no refunds will be issued for these accounts upon such a ban.

Content

All content that is posted on this Service belongs to its original owners. To operate with this content on this Service (i.e. store, transmit, broadcast, deliver, distribute, translate) we need a license from a Star (i.e. content owner).

Therefore, by registering as a Star with our Service, User grants us a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or develop derivative works of the aforementioned content. The purpose of this license is not to misuse this content or monetize it to our own advantage, but to allow us to effectively operate this Service and promote the content on this Platform and elsewhere on a non-exclusivity basis if needed.

We are not responsible if information (i.e. content) made available by the Stars on this site is not accurate, incomplete, or not current.

Our Service doesn't guarantee that the quality of the content provided by the content creators or its frequency will satisfy any subscriber or fulfill any expectations, no matter how high or how low they are.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

You understand that any content published on this Service (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. The User agrees that it is his/her responsibility to monitor changes to our site. 

18 U.S.C. § 2257 Statement

Any actual human beings depicted in images appearing on this website were over the age of 18 at the time those images were recorded.

Exemption: Content Produced by Third Parties

The operators of this website are not the "producers" of any depictions of actual or simulated sexually explicit conduct that may appear on this website. More specifically, the operators of this website limit their handling of such content and only performs the activities of transmission, storage, retrieval, hosting, and/or formatting of material that may depict sexually explicit conduct, all of which material appears on the website as the result of actions taken by third-party users of the website. All portions of the website that contain such user-generated material are under the control of the relevant user, for whom this website is provided as an online service by its operators. Pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the operators of this website reserve the right to delete materials appearing on the site as the result of actions taken by the website’s users, which materials are deemed, in the operator’s sole discretion, to be indecent, obscene, defamatory, or inconsistent with the policies and terms of service for this website.

Exemption: Content Produced by Website Operators

To the extent that any images appear on the website, for which the operators of this website may be considered the “producer,” those images are exempt from the requirements of 18 U.S.C. § 2257 and 28 C.F.R. § 75 for one or more of the following reasons: (i) the produced images do not portray any sexually explicit conduct defined in 18 U.S.C. §§ 2256(2)(A); (ii) the produced images do not portray depictions of the genitals or pubic area created after July 27, 2006; (iii) the produced images do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; and/or (iv) the produced images were created prior to July 3, 1995.

Designated Records Custodian

Without limiting in any way the applicability of the above-stated exemptions, the operators of this website have designated the custodian, whose address appears below, to be the keeper of original records described in 18 U.S.C. § 2257 and 28 C.F.R. § 75 for all materials appearing on this website that fall into one of the following two categories: (i) marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit conduct, which materials have been acquired or created by the website’s operators for the purpose of promoting the website; and (ii) all visual depictions of models, actors, actresses and other persons (each a “Star”) who have elected to enable tipping, private shows, group shows, or any other service that permits the collection, by the Star, any form of virtual or real funds. Age verification records are collected and reviewed before permitting a Star to collect the aforementioned funds.

Please direct your request for the records required by 18 U.S.C. § 2257 with respect to any content found on SubscribeStar.adult to the producer, site, or User that produced and/or uploaded the content. For further assistance or information in finding the relevant person, please contact SubscribeStar’s compliance department at [email protected] 

Required Records

Under federal law, 18 U.S.C. § 2257, producers of a "visual depiction of an actual human being engaged in actual sexually explicit conduct" are required to keep records showing the ages of the models. It does not cover images produced before July 3, 1995, or depictions of virtual sexually explicit conduct not involving actual human beings.

Producers of the content published on this Website are required to maintain records of the legal name and date of birth of each performer, any other name ever used by the performer, a copy of photo identification issued by a government entity, a copy of the depiction, the date of the original production, and the URL associated with the depiction if it is published online.

This Service is not a producer – primary or secondary – of any and all of the content found on SubscribeStar.adult. With respect to the records as per 18 U.S.C. 2257 for any and all content found on this site, please direct your request to the respective content producer or copyright owner.

WE LEAVE TO THE ORIGINAL CONTENT PRODUCERS AND COPYRIGHT OWNERS THE FULL RIGHTS AND OBLIGATION TO KNOW ALL LAWS AND REGULATIONS WITH RESPECT TO 18 U.S.C. § 2257(A) TO ITS FULL EXTENT AND FOLLOW THEM ACCORDINGLY WITH NO EXCEPTIONS. 

Allowed Content

Anyone who successfully signed up with this Service as a Star (i.e. content creator as an individual or as an organization), allowed to publish any content that does not contradict these Terms of Service and is not prohibited by the US laws. Content may consist of textual materials, video- or audio files, archived files, or documents in various formats. Content may contain links to third parties. For more details, refer to the “Third Parties” section.

SubscribeStar can not be used as a marketplace for selling any tangible goods. You only can advertise for sale goods that are offered and sold via third-party services, not associated with this Platform.

You can use our branding, presented on a dedicated page, for your marketing endeavors, unless such usage harms our reputation as a business or misleads the general public in any possible way, or poorly executed. 

Prohibited Content

We may, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, inappropriate or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Any posts, comments, narrations, news or discussion materials that include - in any shape or form - hatred toward any social or ethnic group, calls for violence or oppression, racial or gender defamation, and/or targets a person or a group by disability, nationality (including citizenship), race, religion, sexual orientation, or skin color will not be published on our platform. Such materials - upon discovery - will be removed from the Platform, and the profile/account will be suspended with possible future termination.

Creating, promoting and supporting a Star profile/account for the sole purpose of portraying a single person, group, or organization in a negative way, degrading their existent or imaginable values, and/or diminishing their presence, ideas, beliefs, appearance, expression, and/or actions in any way is strictly forbidden on this platform.

You may not use a false e-mail address, name/nickname, or brand, or pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content on this Platform.

You may not post content that infringes on others' intellectual property.

You may not post content whose purpose is advertising, selling or reselling any goods, items, or materials that do not directly derive from the description of profile itself or from its Subscription Tiers. 

Profile and Account Termination

You can delete your profile and account at any time.

Upon account/profile deletion, the following will happen:

For Subscribers: all subscriptions will be canceled immediately and no refunds for ongoing subscriptions will be issued whatsoever. Subscribers will retain access to the subscribed material until the end of the subscription period. In order to keep the ability to access subscriptions, Subscribers will need to keep their accounts intact.

For Stars: all payouts, if any in progress or available for the request, will be put on hold for 30 calendar days. We use this time to settle all possible requests from the Subscribers for the paybacks and other disputes. In case when conditions for the payout are not met (i.e. less than 5 subscribers and less than $150 collected pledges) - all pledges will not be reimbursed to the Star whatsoever and will remain in the Service.

For both roles: all financial transactions data and previously filled out tax forms will stay in possession of the respective third parties and/or the Service, for the amount of time outlined by the aforementioned third parties’ “Terms of Service” or similar legal documents.

We can terminate or suspend your account/profile at any time at our discretion. We can also cancel any pledges and remove any content at our sole discretion with or without prior warning and/or explanation. However, in absolute majority of cases, we will contact you prior to the account/profile suspension/termination.

The reasons for account suspension or termination including, but not limited to, as follows:

Illegal Activities. This Service, as well as the company operating this Service, is governed by the laws of the United States of America. Anything that is considered “illegal” by the US law is illegal for use within our platform and will be removed/terminated.

Bullying. Any form of abuse, persecution, harassment, attacking, or bullying - within this platform or outside with the use of the platform or its parts - will lead to account suspension and investigation, which may result in subsequent profile/account termination.

Doxing. It is absolutely forbidden to aggregate and publish on this Platform any private personal or sensitive information of anybody, regardless of the fact if this person is our User or not, or reveal the identity of such an individual without the explicit written consent, for the purpose of intimidating aforementioned individual through harassment.

Private Information Abuse. Any usage (e.g. sharing, storing, selling) any private information, that became available to the User via this Platform, including, but not limited to, e-mail or home addresses, personal name, and any other data that can be considered “sensitive” or “private”, is strictly prohibited.

Content Sharing. Sharing somebody else’s content, that User got access to on this Platform, outside of this Platform without explicit permission from the original content owner is strictly prohibited. While we do not intermediate between Subscribers and Stars nor intentionally mediate these relationships in regards to the content, we will act upon reports of stolen, illegally shared, re-sold or otherwise misused content originated on this Platform.

Fraud. Publishing, endorsing, or selling any fraudulent or misleading information or transmitting any digital substance or a code of a destructive nature on this Platform will lead to investigation and potential permanent termination of the account with a report to the appropriate authorities. While this Service has no intentions to follow, curate, investigate, check up on or make and extensive research on vast information published on the Platform, we will take actions in case the investigation - for one or another reason - is initiated.

Impersonation. Presenting yourself as somebody else, especially well known and famous, leads to instant and permanent termination of the account, upon discovery.

Spam. A frequent posting of meaningless content - textual or audio/video - will lead to account suspension and investigation, which may result in subsequent account termination. We reserve the right to determine the meaningfulness of the published information.

Harm to this Service. Any unfriendly, offensive, obscene, derogatory, degrading remarks, public messages, comments or posts - within this Platform or elsewhere - that aim to offend, slander or attack our good name and reputation, or otherwise bring harm to this Service, the operating Company or its staff, members or partners, will lead to instant and permanent termination of the account, most likely followed by the legal actions against the perpetrator(s).

Misleading information. Any misleading information about the Service posted, reposted, or shared anywhere will cause instant and permanent termination of the account.

Dangerous Activities. Any User caught in the act or convicted of making credible violent threats, committing violent crimes, child abuse, violence against animals, malicious doxing, coordinating violent or nonviolent harm, participating in civil unrest, or encouraging others to do any of these activities, may be suspended/banned from using this Service. All activities that can put viewers in danger - by action or inaction - must include a clear disclaimer that warns against repeating such stunts.

Criminal Activities. People with a proven criminal history or with a known affiliation with violent or dangerous groups (e.g. organized criminal groups, terrorist or cyber-terrorist organizations, illegal militias, mercenary organizations, violent hate groups, etc), won’t be unboarded and will be terminated upon discovery such activities, without regards to the declared purpose of the corresponding profile.

Inactivity. We reserve the right to suspend - with possible following termination - any content creator’s account/profile, that was inactive without prior notice - to us or to its Subscribers - for more than 30 days. All recurring billing will be paused. All collected pledges that are subject to payout will be processed within 30 calendar days upon payout request. In case when conditions for the payout are not met - all pledges will not be reimbursed whatsoever and will remain in the Service.

Deviations. We reserve the right to suspend - with or without prior warning - any content creator’s account/profile, that displays, hosts or advertises content that is drastically deviated from the type of content approved during the onboarding process.

Call to group actions. It’s strictly prohibited to ask anyone on the Platform - Subscribers or Stars - to request a refund, unsubscribe, leave Platform or initiate legal action against the Platform or participate in such actions.

Profile / Account Ghosting. It’s strictly prohibited to create an account/profile with the same, new, or altered credentials after an initial account/profile by this particular Star/User was terminated, suspended, or otherwise disabled. For instance, if the profile "X" was terminated, it is prohibited to create a new profile "Y" by the same individual, organization, and/or any other associated entity.  

These Terms remain in effect after your account is suspended, terminated, or otherwise disabled. 

Copyright

We do not review, audit, revise, or curate content published on the Platform to determine if it is a fair use case (ref. to Limitations on exclusive rights), but we will normally remove the reported content if we receive a valid DMCA takedown notice.

If you believe that a content creator on our Service is infringing on your copyright, please send a DMCA takedown notice to [email protected] to have the content removed. This notice must comply with the requirements of section 512(c)(3)(A) of the DMCA. Such notice will be immediately passed on to the content creator responsible for the creating/publishing of the artwork in question.

We are giving the involved content creator 72 hours to handle a DMCA notice on their own before the Service will get directly involved.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without the express written permission by us, unless we stated otherwise. 

Submissions

If at our request, you send certain specific submissions (e.g. contest entries, proof of creative body of work, etc) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party 

Recurring Billing

The subscription mechanism of this Service based on recurring billing.

The recurring billing is enabled automatically after a Star gets five active Subscribers. Until then, the existing Subscribers have to manually initiate charge by going to My Subscriptions page and hitting the Pay action link found against the name of the Star in question in the Active Subscriptions section.

The recurring charge dates vary based on the model selected by the Star (charge on the 1st of each month, charge or not charge upfront, etc). The exact recurring billing date is determined by the Service at our sole discretion. Normally, recurring billing for each subscription runs roughly every 30 calendar days for each subscription instance.

We reserve the right to suspend a recurring billing for the following cases:

• When profile (i.e. Star) is not active for whatever reason for more than 14 days.
• If any activity associated with the account and/or profile are considered suspicious. To determine transactions or activities are being suspicious, we may take into consideration any data provided to us by third parties or base our decision upon our own internal investigation. 

Tips

The Tip is the form of a one-off pledge, that is dissociated from any subscription tier or subscription fee, and can be set as one-time payment with an arbitrary amount of money, up to $100 at once.

Tips can be made by anybody to the Star who has Tips feature manually enabled by the Service staff.

We are not obliged to enable the Tips feature while reserving the right to disable it at any moment.

We take up to 30 calendar days to review Tips before processing and landing contributed funds to Star’s account. 

Subscriptions

The subscription fee (i.e. price of monthly subscription) will be charged according to the billing model chosen by the Star and introduced to the Subscriber upon subscription.

The number of payments paid by the Subscriber and the total amount depends on the first date of each billing cycle and settings, whether it should be paid instantly upon subscription or otherwise.

A monthly billing cycle can be defined as 28, 30, or 31 days regardless of the number of days in the following or current calendar month.

When a Subscriber changes the subscription tier, a new subscription is initiated, canceling the initial one. In other words, Subscribers pay as if they subscribe for the first time following the current billing model chosen by the Star.

Every subscription has its own date and time, therefore multiple subscriptions will result in multiple charges, rather than in one batch charge.

Prices for subscriptions are subject to change by Stars without notice. Any further disputes in regards to subscription price changes must be handled by the Subscribers with the Stars (i.e. content providers) directly via available e-mail or direct messaging. Please, refer to our Refund Policy for further information

By becoming a Subscriber, you confirm that you use your own payment method that was issued in your name and belongs to you. Subsequently, you agree to comply with our payment processors’ rules and regulations in their entirety.

If and when our attempt to charge the current payment method fails, we will repeat such an attempt within the next few hours. When such attempts are unsuccessful, the selected payment method is deemed faulty and will be marked as such in the Payment Options section of the Account Settings page. To continue with the existing and future subscriptions, you will have to adjust a payment method by adding a previously used but updated credit/debit card. Alternatively, you can add a new card. As soon as this change happens, we will automatically repeat our attempts to charge your updated preferred payment method unless the recurring billing was disabled.

We may, at our sole discretion, limit or cancel subscriptions. 

Unsubscriptions

The Subscriber can cancel a subscription (i.e. unsubscribe) at any time.

Subscribers can schedule a subscription cancelation to be executed immediately or upon reaching the end of the paid period.

We do not provide any refund whatsoever for those who unsubscribed, no matter how quickly that unsubscription has happened.

Upon subscribing again to the same profile - no matter how short the period of time was between unsubscription and re-subscription - the Subscriber will be charged full price for the new subscription according to the subscription price set on the profile. 

Fees for Subscribers

There is no fee to start and run an account as a Subscriber with our Service.

You can cancel your pledge (i.e. subscription) at any time.

As a Subscriber, you will be charged a Subscription Fee instantly upon subscription or according to the charging model selected by the Star. Thereafter, this fee will be debited from your preferred payment option on a monthly basis (roughly - every 30 days).

Depending on your location, some banks may charge you a Foreign Transaction Fee for your pledge, which will be assessed in addition to the pledge amount. The Foreign Transaction Fee is subject to change by the authorized institutions without prior notice. We have no control over this charge.

If you are located in the EU, then VAT is added to the final amount of the subscription. The exact amount of VAT is determined by the country you are a resident of and is shown when you set up the initial pledge amount.

The Platform handles collecting and paying out VAT. 

Fees for Stars

There is no fee to start and run an account as a Star with our Service.

As a Star, you will need to set a Subscription Fee during the registering process. You can change this fee at any time unless you have existing active subscribers. The upper limit for the Subscription Fee is $100.

Payment Processing Fees of 2.9% + $0.3 (3.5% + $0.3 for amounts greater than $30) will be applied to each transaction (i.e. Subscription or Tip) made toward Star's account. This amount will be deducted from the Star's monthly earnings during the Payout.

Additional fees may be associated with the Payout (see “Payouts”). 

Subscription Tiers

To gradually reward your Subscribers, you can set a few Subscription Tiers, each with a different Subscription Fee.

As a Subscriber, you can switch to a higher (i.e., upgrade) or lower (i.e., downgrade) Subscription Tier at any time, if multiple Subscription Tiers are set by the Star.

While upgrading, the price difference between the Tiers will be debited from the preferred payment method; when downgrading, there won't be any credits issued for the price difference.

Downgrading will result in instant revocation of access to all content previously available from the higher Tier.

Charges and billing date changes, or the absence of such, will be indicated during the upgrade or downgrade, so the Subscriber can make a conscious choice before proceeding with a switch.

Payouts

General Statements

Payout is a process of sending funds collected on the Star's account to a chosen by this User financial instrument or institution (e.g. bank, eWallet). 

The payout can be issued exclusively to a person or organization that is the User who initially registered the account with the Service and who conducts the actual content publishing activities within the Platform.

While in some exceptional cases, the payout can be issued to the payee different than the original User, there is no guarantee we will do that.

If we deem the information in our possession is insufficient for payout purposes, we may request additional identification or proof of substance from the payee. Such documents may include Driver's License, State ID, National or International Passport, Citizenship, or National ID Card for individuals. And for the organization, the Articles of Incorporation, Certificate of Organization, or any other similar company formation documents may be requested.

• A User must meet the following criteria to be eligible for payouts: Active profile (consistently deliver content or service to subscribers)
• Acceptable level of requested refunds (your subscribers shouldn’t have a trend of requesting refunds)
• Acceptable level of chargebacks (not going over 1% of total transactions with initiated chargebacks)
• Submitted and verified Taxpayer Forms (W-9, W-8BEN, or W-8BEN-E, whichever applicable)
• Verified identity if requested (verification depends on a country of residence)
• The payout information is filled out in full and verified
• A selected Payout Vendor can serve the User in their country of residency
• The User doesn’t violate the Payout Vendor’s terms of their service
• A selected Payout Vendor can provide the service of sending funds from the Service’s account
  
  

Additional conditions:

1. The related profile has at least 5 active subscribers (can be subject to change per User request)
2. The profile has at least USD150 in pledges collected (we make exceptions for different regions; for example, the limit for creators from the United States is only USD30)
3. At least 14 days have passed since the Star's account was initially approved
4. At least 14 days have passed since we successfully processed the previously submitted payout request (we make exceptions per User request and often automatically lower this limit to 7 days)
   
   

Star must submit a request on the Payouts page to initiate the payout process.

The exceptions from these conditions can be made upon request sent to [email protected]. 

We reserve the right to deny or pause payout to any User until the matters in question are resolved, if:

• The User failed to provide us with all required and requested information;
• If the information provided is false, omitted, incomplete, or suspicious in any other way (each as determined by the Service in its sole discretion);
• Whenever requested by the Service, the User failed to prove that all related activity on the Service is lawful, as governed by state or province of residence or by international law.

Timeframe

Processing payout and delivering funds to the Star’s bank account will take the time that depends on the country and payment vendors applicable to the Star’s account.

For the very first payout request, or when a payout method was changed or updated, there will be a 5 (five) business days delay from the date these changes took place. We use this time to verify the information associated with the changes/updates.

Payouts of less than USD20,000.00 will be processed within the next 14 business days (on average it takes about 5 business days), following the day the request was submitted. Business days are counted based on the United States holidays/weekends official calendar as well as payment vendor’s and Star’s side. 

We may decide to break down to a few separate payments any payout requests that are equal to or more than USD20,000.00. We take no less than 14 business days to process such batch payment.

Whenever we detect an increased number of refunds toward a particular Star's profile or identify a risk of such an event happening in the foreseen future, we reserve rights to extend the payout processing period beyond 14 business days.

We reserve the right to take additional unlimited time to process the payout if:

• The User has submitted incorrect, suspicious, or incomplete Taxpayer Identification forms;
• The User has submitted invalid or incomplete payout details;
• Any third-party institution (e.g. bank) or organization (e.g. money transfer service) involved in the payout process fails or delays in making the payment into the User account;
• The User who submitted the payout request isn't the actual owner of the receiving account.

Limits

The minimum amount of the payout request is USD30 and the actual limit depends on the country and payment vendors applicable to the Star account. Please contact support to know more about your specific case.

The highest amount requested for the payout can not be greater than the balance available for the payout. The balance available for the payout is based on the proprietary algorithms of the Service and may change without notice.

To prevent any damages that may occur upon possible chargebacks, the Service may keep 10% of all effectively collected funds, but no less than USD35, for 20 business days before making them available to be included in the payout request.

Fees

The User pays all and any fees and taxes associated with receiving money on their account.

The Service takes the rights to deduct from the payouts:

• Service Fee - 7% of all successfully processed pledges, (i.e. subscriptions, tips, and contributions) to the date of payout request;
• Payment Processing Fee (typically is 2.9% + USD0.3 per transaction, 3.5% + USD0.3 for transactions over USD30);
• Payout Fees associated with the payout. The exact amount of this fee depends on the payout option selected by the User, current currency exchange rate, fees set by the related payment vendor;
• The total amount of refunded, disputed, incomplete, failed, fraudulent, suspicious payments/transactions or any expenses caused by such events and circumstances;
• Any payments/transactions made by mistake;
• Any pledges that were not deposited on the Service’s bank account for any reason.

If the payout to the content creator fails due to reasons that are not originated from actions or inactions of the Service, all the associated fees for the related transaction will be charged to the corresponding Star's account.

Per each transaction, Service takes rights to round:

• Referral Associate commission amount.
• Payout amount.
• Service Fee amount.

Round-off error may vary within USD1.00. 

Modifications to the Service and Prices

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service

Prices for our services (i.e. Service Fee) are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

Accuracy of Information

These restrictions may include any pledges (i.e. Subscriptions, Tips) placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order (i.e. Subscription, Tip), we may attempt to notify you by contacting via e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or suspend orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate account information for all subscriptions and other pledges you make. You agree to promptly update your account and other information, including your e-mail address and credit card number and expiration dates so that we can complete your transactions and contact you as needed.

You absolutely can not use somebody else’s data for the Tax Identification forms (W-9, W-8BEN, or W-8BEN-E).

For more details, please review our Refund Policy. 

Third Parties

Certain content, products, and services available via our Service may include - partially or as a whole - content, products, and services produced, owned and maintained by third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those materials or websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party entity. 

We are not responsible for examining or evaluating the content or accuracy of materials published by our Stars (i.e., Users) on any third-party services or platforms other than for screening purposes. We will dully note but dismiss and do not act upon any claim or complaint concerning such content unless such a complaint is brought to us by the law enforcement agency, a court of law, or a similar legal entity. 

Optional Tools and Services

We may provide you with access to optional third-party tools or access to optional third-party services over which we neither monitor nor have any control or input. This includes hosting, processing, monitoring and/or any and all other third-party tools and services that are not affiliated with us as a Company, but employed to perform duties that are essential to the Service’s functionality.

You acknowledge and agree that we provide access to such tools and services "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s)

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

Personal and Sensitive Information

Credit card information and other sensitive information is always encrypted during transfer over networks and is never stored within the Platform.

Your submission of personal information through the Service is governed by our Privacy Policy. Please, make yourself familiar with our Privacy Policy. 

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to subscription descriptions, benefits, features, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscription(s) if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be satisfying, pleasant, fulfilling, uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove/pause this Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The services are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Starcling LLC, SubscribeStar, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured using the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

Indemnity

You agree to indemnify, defend and hold harmless Starcling LLC, SubscribeStar, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your or others breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or related to your use of this Service.

We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will agree to help us in our defense. 

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

Service Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, and/or delete your account or profile.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

Taxes

We do not handle tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.

Each user’s tax liabilities will vary and users are expected to conduct their own due diligence and file any and all proper tax documentation based upon income derived from this site. Each user is responsible for filing his/her own income tax report (if applicable). The Service assumes no responsibility for any individual tax liability based upon their income.