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Terms of use

Overview

This website is operated by Mediastark. Throughout the website, the terms “we”, “us” and “our” refer to Mediastark. Mediastark offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of use apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these terms of use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.

Any new features or tools which are added to the website shall also be subject to the terms of use. You can review the most current version of the terms of use at any time on this page. We reserve the right to update, change or replace any part of these terms of use by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Online payment terms

By agreeing to these terms of use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products 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).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your services.

2. General conditions

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

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

  • Transmissions over various networks.
  • Changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

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 express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

3. Submissions and postings

For any content that you upload, post, transmit, distribute or otherwise make available for inclusion on our site (your “Contributions”), you must be, or have first obtained permission from, the rightful owner of Contributions that you post. You acknowledge and agree that you are solely responsible for any Contributions you make and any of your Contributions will be treated as non-confidential and non-proprietary. By submitting your Contributions, you represent and warrant that:

You own those Contributions or otherwise have the right to grant, and do grant, to the world-wide, royalty-free, non-exclusive, perpetual, irrevocable, fully sub-licensable and transferable license to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate, publicly perform and publicly display your Contributions, and to incorporate them into other works in any format or medium now known or later developed, without any further compensation to the author; and you waive all moral rights in those Contributions. We have the right, but not the obligation, to monitor or investigate any of your Contributions posted to our site. We may also access or preserve your Contributions to comply with legal process and foreign jurisdictions, operate the service, ensure compliance with these terms of use or any policies, or protect ourselves, our customers or the public. We may, without notice or liability, move, remove, edit, delete or refuse to post any of your Contributions, in whole or in part, that we decide in our sole discretion is unacceptable, undesirable or in violation of any law and / or with the terms of use.

4. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 more timely sources of information. Any reliance on the material on this website is at your own risk.

We are not liable for any damages or losses related to your use of the services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the website. When you use the services, you release Mediastark from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the services. All content you access through the services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

5. Modifications to the service and prices

Prices for our services are subject to change without notice.

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

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 the offers are set exclusively by the users and we have no connection with setting and / or modifying them.

6. Services

Certain services are available exclusively online through the website.

We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any service that we offer. All descriptions of service or service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this website is void where prohibited.

We do not warrant that the quality of any service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

7. How offers work

  • Users can create an offer by uploading their own multimedia. It can contain books, images, audios, videos, applications or even all together. After publishing it, the offer will be shown partially. When someone is interested and wants to see the full version of the offer, that person will have to redeem it.
  • Depending on the option set, there are two possibilities an offer can be redeemed.
    - LIKES: If the likes option is, every interested person must like the offer in order to redeem it and see the full version of it.
    - FEE: If the fee option is set, every interested person must pay an amount of money for the offer in order to redeem it and see the full version of it.
  • Every user can choose either creating an offer or redeeming other ones.

8. Our fees

Fees are only charged on successfully redeemed offers. We charge 5%, in addition to any fees from our payments partners.

Creating an account on Mediastark is free. If you create an offer that is successfully redeemed, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location.

We will not collect any other fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our website. Each payment provider is its own company, and Mediastark isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of Mediastark.

9. Paying

  • You’re only charged if the offer reaches its redeeming goal. You can provide your payment information at any time, but you won’t be charged, until the offer is redeemed. The exact amount you redeem is the amount Mediastark will collect. You will also receive your payment, only when the offer has reached its goal. If the offer hasn’t reached its redeeming goal, you won’t be charged, no funds will be collected, and no money will change hands. You will also receive no payments if the offer is not redeemed.
  • Mediastark and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount, at any time between the offer and the collection of funds.
  • You can change, increase, decrease, or cancel your offer until someone has taken action in redeeming your offer.
  • Mediastark doesn’t offer refunds. Responsibility for finishing an offer lies entirely with the offer creator. Mediastark doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds.

10. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and / or billing address / phone number provided.

You agree to provide current, complete and accurate purchase and account information for your redeemed offers. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11. PayPal express checkout and payments accounts

Upon completion of sign up for the service, Mediastark will create a PayPal express checkout account on your behalf, using your email address. Depending on your location, Mediastark may also create a Mediastark payments account on your behalf.

You acknowledge that PayPal express checkout and / or Mediastark payments will be your default payments gateway(s) and that it is your sole responsibility as the account owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal express checkout is a third-party service

12. Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “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 website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which 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 use.

13. Third-party links

Certain content, products and services available via our service may include materials from third-parties.

Third-party links on this website 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 and 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 our 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 or services should be directed to the third-party.

14. User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, 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:

  • To maintain any comments in confidence.
  • To pay compensation for any comments.
  • To respond to any comments.

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, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of 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.

15. Personal information

Your submission of personal information through the website is governed by our Privacy policy.

16. Errors, inaccuracies and omissions

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

We undertake no obligation to update, amend or clarify information in the service, except as required by law. No specified update or refresh date applied in the service, should be taken to indicate that all information in the service has been modified or updated.

17. Prohibited uses

In addition to other prohibitions as set forth in the terms of use, you are prohibited from using the website or its content:

  • To solicit others to perform or participate in any unlawful acts.
  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • To submit false or misleading information.
  • 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.
  • To collect or track the personal information of others.
  • To spam, phish, pharm, pretext, spider, crawl, or scrape.
  • To upload any content for any obscene or immoral purpose.
  • To upload any material of sexually explicit content.
  • To interfere with or circumvent the security features of the service or any related website, other websites, or the internet.

We reserve the right to terminate your use of the service for violating any of the prohibited uses.

18. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be 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 the 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 service and all services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express 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 Mediastark, 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, without limitation 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 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 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.

19. Indemnification

You agree to indemnify, defend and hold harmless Mediastark 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 breach of these terms of use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20. Severability

In the event that any provision of these terms of use 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 use, such determination shall not affect the validity and enforceability of any other remaining provisions.

21. 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 use are effective unless and until terminated by either you or us. You may terminate these terms of use at any time by notifying us that you no longer wish to use our services, or when you cease using our website.

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 use, we also 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).

22. Delete account

You can delete your account at any time. Deleting your account won’t make content you’ve already posted go away.

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the website. For instance, if you’ve created an offer, deleting your account will not remove the offer from the website, but will be made public (if it has been not made public, before deleting account.)

23. We can

To operate, we need to be able to maintain control over what happens on our website. In this section, we reserve the right to make decisions to protect the health and integrity of our system.

Mediastark reserves these rights:

  • We can make changes to the website and services without notice or liability.
  • We have the right to decide who’s eligible to use our website. We can cancel accounts or decline to offer our services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Mediastark in that jurisdiction.
  • We have the right to reject, cancel, interrupt, remove, or suspend any offer at any time and for any reason.
  • Mediastark is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

24. Copyright issues

Mediastark complies with the law, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers.

If you’d like to submit a claim of copyright infringement, please contact us:

Mediastark
Attn: Copyright Agent
Anton Crihan
Chisinau, Moldova 2009
info@mediastark.com

25. Entire agreement

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

These terms of use and any policies or operating rules posted by us on this website 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 use).

Any ambiguities in the interpretation of these terms of use shall not be construed against the drafting party.

26. Governing law

These terms of use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws.

27. Mediastark's Intellectual Property

The content on Mediastark is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.

Mediastark’s services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the website. You also agree not to change, translate, or otherwise create derivative works of the service.

Mediastark grants you a license to reproduce content from the services for personal use only. This license covers both Mediastark’s own protected content and user-generated content on the website. This license is worldwide, non-exclusive, non-sublicensable, and non-transferable. If you want to use, reproduce, modify, distribute, or store any of this content publicly or for commercial purpose, you need prior written permission from Mediastark or the relevant copyright holder. A “commercial purpose” means you intend to use, public, sell, license, rent or otherwise exploit content for commercial use, in any way.

28. Changes to terms of use

You can review the most current version of the terms of use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms of use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of use constitutes acceptance of those changes.

29. Contact information

Questions about the terms of use should be addressed by using our contact us page.