These are Stareable’s terms of use and by using Stareable, you agree to abide by them (seems fair, right?).
Stareable Inc. is a U.S. entity located at 273 Grand Street, Unit 5E, New York NY 10002. We are a platform where digital video creators can engage with their fans. These are Stareable’s terms of use and apply to all users of the Stareable website. “We,” “our” or “us” refers to Stareable Inc. Our use of “Stareable” here refers to this website and the services offered by us. By using Stareable you agree to these terms. You acknowledge that you have read and understood these terms. You also agree to our privacy policy and any other policies we post on Stareable.
Stareable is a platform. We are not responsible for the quality, timing, or legality of content or rewards.
We may sometimes make changes to these terms. If we make material changes that adversely affect your rights under these terms, we will let you know by posting an announcement on the site or sending you an email prior to the changes coming into effect. Continuing to use Stareable after a change to these terms means you accept the new terms.
To register for an account and become a member of our community, you must be at least 13 years old. To monetarily support a creator or receive monetary support as a creator, you must be at least 18 years old or have your parent’s permission (verifiable permission, not “forged field trip slip” permission). If you know a user is under the age of 13, please report them to us. (Don’t worry, we keep all snitch identities private.)
Additionally, when you register for an account you must provide us with accurate information, as funny as listing your name as “Bluntz 420” may be. If you don’t provide us with accurate information, we may be unable to assist you with accessing your account.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately.
Please behave responsibly. We ask our users to use common sense and do the right thing. If you feel that you can’t be trusted with this, perhaps you should use a different website to support great independent content or gain an audience for your web series, but also we commend you for your honest self-reflection.
As mentioned previously, you are responsible for all the activity on your account. We reserve the right to terminate your account, including but not limited to the following reasons:
Creators set up Enrich on show pages they own to allow fans to support them through monthly payments (“Tier Support”) or one-time payments (“Donations”). You appoint us as your agent to collect and process payments on your behalf, and our fee is 5% of your support, which some generous supporters may choose to cover for you. You are responsible for any taxes you owe based on the payments you receive. You must also follow our rules about content and rewards, which are largely already covered in the above conduct section.
To become a creator, you must submit your web series to Stareable for a show page. Any account with admin control over a show page has a creator account. If this is not you, submit your show to Stareable by clicking here (it’s free!). If you don’t have a show yet, make one with the help of our how-to articles, interview podcast, or by emailing our Community Director Bri.
Tier supporters are charged at the start of each month. In connection with your charges to supporters, you appoint us as your limited agent for the sole purpose of receiving, holding, and settling payments to you. As your agent, our receipt of funds from a supporter on your behalf is the same as receipt of funds by you directly, and you will only have recourse against us, and not against any supporter, for any failure by us to settle funds to you. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your them. We may also block or hold payments for violations of the terms or compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reasons to you promptly. In order to protect creators, we may block supporters’ payments if we believe them to be fraudulent.
Our fee to process transactions on your behalf, as a reminder, is 5% of processed pledges. Separate payment processing fees vary based on the pledge amount, but are typically under 5% of the total amount we process for you across all supporters. Depending on your supporters’ locations, some banks may charge your supporters a 3% foreign transaction fee for their pledge, which will be assessed in addition to the pledge amount. Stareable does not control this charge.
We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.
We restrict some types of content and rewards. You cannot:
Please also see our best practices for specific guidance in some of these areas, and for inspiration.
If your potential supporters are under the age of 18, please remind them that they need parental or guardian permission in order to support. Anyone under the age of 13 cannot have an account, but also probably don’t have their own money anyways so why bother, amirite?
We are not party to the agreement between creators and supporters. Creators may issue refunds to their supporters at any time. If a supporter requests a refund from us, we only grant it in exceptional situations. We deduct the refunded amount from future payments to you.
There are two types of support: recurring monthly payments (“Tier Support”), or a one-time payment (“Donation”). For the monthly subscription, after selecting a tier you are immediately charged on behalf of the creator for the full amount of the subscription. Beginning in the month after the month in which you chose to support, your payment is batched with your other existing subscriptions and charged at the start of the month. To become a supporter simply create an account, update your preferred payment method and support any creator that has supporter tiers enabled.
You may cancel your monthly support at any time.
Depending on your location, some banks may charge you a 3% foreign transaction fee for your pledge, which will be assessed in addition to the pledge amount. Stareable does not control this charge. Please contact your bank for information.
If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial pledge amount.
We may grant refunds at our sole discretion in exceptional circumstances.
In certain situations you may lose access to a creator’s supporter-only content, including rewards. These include when you cancel your monthly support, your payment method fails, the creator deletes their ability to monetize their page, or the creator deletes their account. We have no control over the quality, timing or legality of content or rewards. We do not grant refunds for failure to deliver rewards. We do attempt to screen for fraudulent show pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can improve Stareable.
Our platform connects creators with supporters. We do not endorse any content on Stareable. If you see content that violates these terms, then let us know and we may remove it. We take content removal and account termination very seriously, so it might take some time for us to investigate. In addition, we are constantly testing out new features with the goal of making Stareable better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test (and update our terms accordingly if and when we release it).
With your permission, we may give other websites or services the ability to verify information about your Stareable account or perform actions on your behalf. This permission is asked for when you connect your Stareable account to these other websites or services. Information can include the existence of your account, pledge amounts and length of support. Actions can include creating, editing or deleting supporters, and any other interaction with creators such as posting updates.
You can permanently deactivate your account at any time by contacting us.
We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any content or rewards at our discretion.
These terms remain in effect after your account is disabled.
You keep full ownership of all content that you post on Stareable, but to operate we need licenses from you. By posting content to Stareable you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display, or prepare derivative works of your content. The purpose of this license is to allow us to operate Stareable, promote Stareable and promote your content on Stareable. We are not trying to steal your content or use it in an exploitative way. You may not post content that infringes on others' intellectual property or proprietary rights. Supporters may not use content posted by creators in any way not authorized by the creator (we covered this earlier in the terms- check out “For Supporters” for more on that).
Stareable-created content is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Stareable page. (In fact, we encourage it!) You may not otherwise use, reproduce, distribute, perform, publicly display, or prepare derivative works of our content unless we give you permission in writing.
If someone on Stareable is using your copyright without permission, that is not okay. Let us know at support@stareable.com. Make sure your email includes the following:
Alternatively...if your content has been removed because of a DMCA notice, but you believe the content was not infringing on another’s copyrights, then you may send a written counter-notice to have the content restored. Your counter-notice should include the following information:
In appropriate circumstances we may also terminate the accounts of repeat infringers.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Stareable. 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 help us in our defense. Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.
Stareable has a team of humans behind it, and sometimes humans make mistakes. Well, one of us is a cyborg*, but the ratio of robot-to-biological components is balanced enough that they definitely sometimes still make mistakes. Sometimes technology fails, also covering our secret cyborg coworker*. We promise to address everything as quickly as possible, and to make amends as we see fit. Stareable is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.
*no one currently employed by Stareable Inc. is a cyborg.**
**as far as we know.***
***but we’re, like, pretty sure.
If you lose money as a result of using Stareable, any payment to you is limited to how much you have paid us, and we don’t have to pay you if your loss is unexpected.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Stareable. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Stareable. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.
We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Stareable, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. 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 are also waiving these rights.
We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. If any portion of these terms do not follow that standard, that portion is severed from these terms.
This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.
Any disputes with us must be resolved in New York under New York law.
New York law, excluding its conflict of law provisions, governs these terms and all other Stareable policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in New York City, NY.
These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
Effective January 1, 2019. Last updated on January 8, 2019.
