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Terms of Use

Media Stars Terms of Use

TERMS OF USE

Effective Date: August 1, 2013

  1. Preamble and General Principles
    1. These terms of use describe the code of conduct that Media Stars LLC (d/b/a/ Media Stars (located at 3540 West Sahara Ave #678 Las Vegas NV 89102), and all of its properties operated under this name, hereinafter known as “Media Stars,” requires of all end-users of Media Stars' Internet services (the "Services") - those who access some of our Services but do not have accounts ("Visitors") as well as those who pay fees to gain access to the Services ("Members") - information and guidelines relating to Visitor and Member ("User") participation within Media Stars' online communities, and the consequences of any user misconduct within them. Media Stars requests that you read these terms and conditions carefully.
    2. Your use of Media Stars' services and/or order of products through Media Stars' websites constitute your acceptance of these Terms of Use. If you do not agree to abide by these Terms, you are not permitted to access Media Stars' services or order products.
    3. Media Stars' websites link to other websites that have their own specific Terms of Use or Terms of Service, which you also agree to accept by using those websites and/or ordering products.
    4. Media Stars' services contain materials of an adult, sexually explicit nature. You agree and affirm that you are not offended by adult, sexually explicit materials and wish to view such materials.
    5. You agree and affirm that you are of legal age (18 years old in most jurisdictions, 21 in others) to purchase adult, sexually explicit materials in your jurisdiction. You agree and affirm that you are accessing and viewing Media Stars' services from a location and jurisdiction where the access and use of these adult, sexually explicit materials is not prohibited by law. You agree and affirm that you will not make the products purchased from or otherwise accessed by you from Media Stars or its related websites available to minors or to any person that does not wish to view adult, sexually explicit materials. You agree and affirm that the products you purchase are for use and viewing in the privacy of your own home and will not be used for public display or be made available for public display.
    6. Media Stars does not make any warranties as to fitness for any particular use nor does Media Stars make any warranties as to the accuracy of descriptions of the products.
    7. The text, images, graphics, logos, illustrations, icons, data, scripts, programs, software, music, sound, videos and other materials that are shown on Media Stars' websites, delivered to you or otherwise made available through Media Stars' services are copyrighted by Media Stars and/or the respective intellectual property owner. You agree not to duplicate, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit or share the materials, videos, and other intellectual property from Media Stars or third party providers. All content is copyrighted and protected under US and international copyright law. You are granted a limited license to view the content of the products and Media Stars in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms.
    8. You agree to indemnify Media Stars and all third parties that are linked to Media Stars and Media Stars' services, and all subsidiaries, affiliates, officers, agents, partners, and employees from any claims or demands made by any third party due to or arising from your use of Media Stars' services, purchase of materials from Media Stars or any third parties linked from Media Stars services, or use of any materials purchased or rented from Media Stars or third parties linked from Media Stars services.
    9. Your use of Media Stars' services is at your own risk. Media Stars' services and all websites linked from it are provided "AS IS" and on an "AS AVAILABLE" basis. The content and materials are provided "AS IS" and no warranties are made of any kind. Media Stars disclaims all warranties, express or implied, or any kind, including any implied warranty of merchantability, fitness for any purpose, or non-infringement. Media Stars makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this website or any materials or information made available through Media Stars' services. Any references to any real person, living or dead, are purely coincidental. Media Stars and its suppliers are not liable for the accuracy or completeness of any of the materials available through Media Stars' services.
    10. Media Stars makes no guarantee that the services will operate in any certain way or on any particular platform, software, browser, or hardware. Media Stars makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet your expectations or satisfaction. Any use of Media Stars services is at your own risk and you are solely responsible for any damage to your computer hardware or software or loss of data that occurs during your use of the website regardless of fault, including damage or loss due to viruses, Trojans, or other malware.
    11. No advice or information obtained through Media Stars' services will create any warranty and employees of Media Stars or third party contributors are not authorized to alter these terms.
    12. To the extent allowable, Media Stars is not liable for any direct, indirect, incidental, consequential, punitive, exemplary or consequential damages that may occur from your use of Media Stars' services or any purchase, use or viewing of the materials available on these websites, including but not limited to loss of use, loss of profits, revenue, data, or any other loss you may incur however caused and regardless of fault.
    13. You are solely responsible for adequate protection and backup of your hardware, software, data, and equipment used to view this website or access Media Stars' services.
    14. You agree to hold Media Stars, its suppliers, third party affiliates, officers, partners, and employees harmless from any claims based on use of the website or materials obtained through Media Stars' services whether in contract, tort, negligence, or otherwise to the extent permitted by law.
    15. Media Stars respects your desire for privacy. Our privacy policy is linked to from the bottom of every Fetishpros.com website's home page. By using Media Stars' services, you are consenting to our use of your information according to the privacy policy in place at the time you use the website. Media Stars may store your information and information regarding your use of Media Stars' services indefinitely. You may be redirected to third party websites, including third party billing companies, during your use of Media Stars' services. Information that you provide to any third party website is subject to the privacy policy of those websites. You should read and understand the privacy policies of each website before using Media Stars' services or entering any information.
    16. You are not permitted to violate the security of Media Stars' services or access or attempt to access any data not intended for users of Media Stars services. You are not permitted to access or log onto any server or account without specific authorization to do so. You are not authorized to scan, probe or test the vulnerability of Media Stars services, websites, servers, or account security or authentication procedures. You are not permitted to interfere with the operation of Media Stars' services or its servers. You are not permitted to submit or attempt to submit viruses, Trojans, or malware of any kind. You are not permitted to attempt to overload, flood, spam, mailbomb, or crash the website or servers. You are not permitted to access any part of this website or its servers other than access granted to ordinary users. Violation of these conditions will result in termination of your authorization to use Media Stars' services and may result in civil liability or criminal investigation. Website will cooperate with law enforcement investigators to determine if criminal activity has occurred and cooperate with any prosecution. Notwithstanding other remedies, and without waiving any right to any other remedies
    17. These Terms constitute the entire agreement between you and Media Stars and govern your use of Media Stars' services, superseding any prior agreements, written, oral, or otherwise, including, but not limited to, prior terms of use. You may also be subject to additional terms as these Terms are updated and you are subject to the terms of third party websites that you may navigate to from Media Stars' services. You may not assign or transfer your user name, password, rights, or login information to any other party.
    18. Any breach of these Terms could result in harm to properties for which monetary damages would be an inadequate remedy, and therefore, in addition to the remedies otherwise available, including monetary damages, Media Stars will be entitled to equitable relief, including but not limited to injunction, costs, and attorney's fees associated with Media Stars enforcing its rights against you.
    19. You agree to subject yourself to the personal jurisdiction, laws and courts of Oakland, California, in the event of a suspected breach of these Terms.
    20. You agree to abide by all laws, including international import and export laws and to refrain from using Media Stars' services or purchasing products that may be in violation of any laws.
    21. The failure of Media Stars to enforce any of these Terms does not constitute a waiver thereof. If any of these Terms is held to be unenforceable or invalid, you agree that the remaining Terms continue to be binding and enforceable.
    22. Media Stars, in its sole discretion, may terminate your use and access of its services at any time and for any reason, or no reason if it believes you have violated any of the terms of use. Any termination may occur without notice to you and Media Stars may immediately deactivate or delete your account. Media Stars will not be liable to you or any third party for any reason upon termination of your account.
  1. Revisions to this Policy
  • A. You agree that these Terms may be modified or amended at any time and in any manner, and that you accept the updated Terms at the time they are published on this website. Each time you use Media Stars' services you agree to the Terms as published. You should periodically check for any modifications of these Terms by re-visiting this web page and using the "refresh" button on the user's browser. You should note the date of last revision to these Terms, which appears at the top of this page. If the "last modified" date remains unchanged after the user has clicked the "refresh" button on his/her browser, the user may presume that no changes have been made since the last reading of the Terms. A changed "last modified" date indicates that these Terms have been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
  1. User Conduct within Media Stars' Online Communities
  • The following activities are prohibited with relation to all online community services offered by Media Stars. Engaging in any of these activities will result in the immediate termination of your account and your access to Media Stars' services, and may result in criminal prosecution.
      1. You must not use our site to harvest email addresses or other personally identifiable information, either manually or using scripts or other software, for the purpose of marketing or promoting any commercial or non-commercial entity.
      2. You must not engage in any activity that will endanger, jeopardize or potentially damage Media Stars' facilities or services, including but not limited to "denial of service" attacks.
      3. You must not use any automated script or other software to collect information or content from Media Stars' sites in any way.
      4. You must not impersonate employees of Media Stars or other members of the community, or in any way mislead other users to believe that you are someone you are not.
      5. You must not offer anything for sale on Media Stars' sites or solicit any purchases while on Media Stars' sites.
      6. You must not upload or in any other way make viruses available to users of Media Stars' sites or to any element of the sites themselves.
      7. You must not intimidate, harass or threaten other users, employees, or contractors of Media Stars.
      8. You must not use any other person's account besides your own to post or view content on Media Stars sites for any reason, with or without permission.
      9. You must not otherwise violate the terms and conditions of these Terms of Use, Media Stars' Community Guidelines, and all applicable local, national, and international laws and regulations.
  1. User Participation Guidelines within Media Stars' Online Communities
  • Media Stars encourage users to share their thoughts, opinions and suggestions regarding our websites and models in our forums and message boards, as this feedback helps our directors improve the quality of the content they produce. Your comments are greatly appreciated, regardless of whether or not we overtly agree with your viewpoint. General discussion and respectful debate with other users of Media Stars' sites is also welcomed.
    1. While moderators might allow some leeway in what is considered to be an acceptable post, crossing certain boundaries may result in your posting being deleted and in extreme or repeated cases, having your access suspended or account nullified. The following posts are absolutely and unconditionally prohibited in Media Stars' forums, shoot comments, user profiles, and all other areas of Media Stars' online community, be they public or private:
      1. Posts that include excessive profanity
      2. Posts that include racist or homophobic remarks
      3. Posts that are offensive to models, riggers, directors or other users of the site, without offering some form of constructive criticism
      4. Repeated negative posts that offer no constructive criticism
      5. Posts that are unintelligible
      6. Posts that are entirely or substantially in all-capitals or that use formatting that make them difficult to read
      7. Posts with repeated comments, made multiple times by the same member in a single thread or in multiple threads.
      8. Posts that resemble 'spam' or that serve no apparent purpose other than advertising a product or organization that is unrelated to the discussion.
      9. Posts that include images or videos that clearly violate Media Stars' shooting rules
      10. Posts that include copyright infringing material, or any material that could result in infringement of any third party intellectual property, privacy or publicity rights.
      11. Posts in which the poster misrepresents him or herself or impersonates an employee of Media Stars, a model, performer, rigger, or any other member of the community.
      12. Posts made using an account that is not registered to the individual posting.
      13. Posts that offer anything for sale to users of the site other than Media Stars products offered by or through Media Stars.
      14. Posts that solicit anything for purchase from users of the site other than Media Stars products offered by or through Media Stars.
      15. Posts with attachments that may include viruses or other harmful software.
      16. Any other post that Media Stars determines to be inappropriate, abusive, or disruptive
      17. Posts that reference activities or contain content that in any way, shape or form could be considered illegal
      18. Posts that otherwise violate the terms and conditions of these Terms of Use, Media Stars' Community Guidelines, and all applicable local, national, and international laws and regulations.
  1. Copyright Infringement
  • In order to post any photo, graphic, audio or video content to Media Stars' websites or forums, you must act in accordance with the following declarations:
      1. You represent and warrant that you own or otherwise have all necessary rights, including but not limited to copyrights, in all content that you submit to Media Stars' sites, and that you have secured all third party consents, licenses, waivers and permissions necessary to submit such content.
      2. You represent and warrant that the content submitted by you will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, or violate any applicable law, statute, ordinance or regulation.
      3. YOU AGREE TO INDEMNIFY AND HOLD Media Stars HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING OUT OF, RESULTING FROM OR RELATED TO ANY BREACH BY YOU OF THESE POSTING GUIDELINES.
    1. Please understand that Media Stars' Terms of Use indicate that repeat infringers or those who misrepresent copyright on posted material may have their access to Media Stars' sites permanently rescinded.
    1. Copyright Infringement Take-down Notification:
        1. If you believe that work published at Fetish Pros infringes upon an existing copyright, send written notification that includes the following elements, pursuant to Title 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act. Please consult your legal counsel for specific requirements.
          1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
          2. The URL of copyrighted work allegedly infringed, or if multiple works are allegedly infringed, a representative list.
          3. YYour Fetishpros.com username, mailing address, telephone number, and email address at which you may be contacted.
          4. A statement that you believe in good faith that use of the material is not authorized by the copyright owner or otherwise under the law
          5. A statement that the information in your communication is accurate under penalty of perjury, and that you as the complaining party are authorized to act on behalf of the owner of the copyright allegedly infringed.
        1. Copyright Infringement Notices should be mailed, faxed or emailed to Media Stars' designated Copyright Agent at the following address:

          2. Attn: Copyright Agent
          3540 West Sahara Ave #678
          Las Vegas NV 89102

          Email: [email protected]

        1. If you send notification by email, please include "Copyright Notification" as the subject line
        2. If you are not sure whether the material infringes someone else's copyright, please contact an attorney before contacting Media Stars. Title 17 U.S.C. 512(f) of the Digital Millennium Copyright Act establishes that any person who knowingly misrepresents that material is infringing upon a copyright may be subject to liability.
    1. Copyright Infringement Counter-Notification
        1. If you have posted material to Media Stars' sites that has been removed due to alleged copyright concerns, and you believe that the material has been removed in error, please send a written communication with the elements listed below, pursuant to Title 17 U.S.C. 512(g)(3) of the Digital Millennium Copyright Act:
          1. The URLs of items that have been removed.
          2. Your address, telephone number, and email address at which you may be contacted.
          3. YYour Fetishpros.com username.
          4. A statement that you swear, under penalty of perjury, that you believe in good faith that the material was removed as a result of a mistake or misidentification
          5. Your physical signature, a scanned physical signature or a valid electronic signature.
        1. Copyright Infringement Counter Notifications should be mailed, faxed or emailed to Media Stars' designated Copyright Agent at the following address:

          2. Attn: Copyright Agent
          3540 W Sahara Ave #678
          Las Vegas, NV 89102

          Email: [email protected]

        1. If you send by email, please include "Copyright Counter-Notification" as the subject line.
        2. If you are not sure whether the material infringes someone else's copyright, please contact an attorney before contacting Media Stars. Title 17 U.S.C. 512(f) of the Digital Millennium Copyright Act establishes that any person who knowingly misrepresents that material was removed by mistake may be subject to liability.
        3. Your personal information will be forwarded to the person who filed the original copyright notification. The claimant must notify Media Stars within 10 days of legal action, in which case Media Stars will not restore the material. If we do not receive such notice Media Stars may restore the material at its sole discretion.
        4. The details outlined in this subsection are for information purposes only. They are not intended to convey legal advice. Please consult your attorney for any matters relating to copyright protection or counter-notification.
        5. User Misconduct
        6. Failure to comply with any of the above Terms and conditions or heed Media Stars' warnings to cease or remove inappropriate behavior or material may result in the deletion of your posts, the denial of your forum access, or even the total restriction and/or nullification of your user account.
    1. Media Stars has the right (but not the obligation) to review any content that you have submitted to our sites or forums, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, to have violated any of the following conditions:
      1. does not comply with the above outlined "User Participation Guidelines"
      2. might violate any law, infringe upon any rights of third parties, or subject Media Stars to liability for any reason
      3. might adversely affect Media Stars' public image, reputation or goodwill
      4. should be taken down for any other reason deemed appropriate by Media Stars
      5. Billing Questions : Our FAQ covers most billing questions.
      6. If you have any questions about Media Stars' Terms of Use or the practices or policies described herein, you may contact our Customer Service Department at [email protected]
    1. The details outlined in this subsection are for information purposes only. They are not intended to convey legal advice. Please consult your attorney for any matters relating to copyright protection or counter-notification.
  1. User Misconduct
    1. Failure to comply with any of the above Terms and conditions or heed Media Stars' warnings to cease or remove inappropriate behavior or material may result in the deletion of your posts, the denial of your forum access, or even the total restriction and/or nullification of your user account.
    2. Media Stars has the right (but not the obligation) to review any content that you have submitted to our sites or forums, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, to have violated any of the following conditions:
    3. does not comply with the above outlined "User Participation Guidelines""
      1. might violate any law, infringe upon any rights of third parties, or subject Media Stars to liability for any reason
      2. might adversely affect Media Stars' public image, reputation or goodwill
      3. should be taken down for any other reason deemed appropriate by Media Stars
  1. Billing Questions
    1. Our FAQ covers most billing questions.
    2. Should a refund be issued by Media Stars all refunds will be credited solely to the payment method used in the original transaction. Media Stars will not issue refunds by cash, check, or to another credit card or payment mechanism. You may cancel your subscription by visiting SegPayCS.com or contacting [email protected]
  1. Where to Direct Questions regarding Media Stars' Terms of Use Policy
    1. If you have any questions about Media Stars' Terms of Use or the practices or policies described herein, you may contact our Customer Service Department at [email protected]