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TERMS AND CONDITIONS
1. OBJECTIVE
These Terms and Conditions are intended to govern the conditions
of subscription (hereinafter “Subscription”) to the website www.starly.movie (hereinafter “the Service ) by any adult user (hereinafter,
the “User” “You” or “Your”) of the website, as well as to define the rights and
obligations of the parties in this context.
The Service offers a streaming platform which provides users
access to various digital contents. Your access to and use of such Service are
governed by the Site’s Privacy Policy located at Privacy Policy.
Your access to and use of such Service may require you to
acknowledge your acceptance of such Privacy Policy and/or to register with the
Service, and your failure to do so may restrict you from accessing or using
certain features and functionality of the Service. You may not alter, transmit,
or disassemble the Service in any manner in whole or in part, including without
limitation, any taking or transmitting screen captures from the Content. Any
attempt to do so is a violation of the rights of Provider and these Terms. You
may be subject to prosecution and damages
We invite You to carefully read these Terms and Conditions to the
extent that any subscription to the Site implies prior acceptance of the Terms
and Conditions.
Availability and opposability of the Terms and Conditions
The Terms and Conditions are made available to consumers via a
“Terms and Conditions” hypertext link, where they can be directly consulted.
The Terms and Conditions are enforceable against the consumer who acknowledges,
by checking a box provided for this purpose, having been aware of them and
having accepted them before placing an order.
Any subscription to a Service implies the consumer's adherence to the Terms and Conditions
in force on the day of the order.
2. About Us
The service is published and operated by Second Screen LTD
(hereinafter “the Company”) whose head office is located at 160 Robinson Road,
#14-04 Singapore Business Federation Center, Singapore (068914).
Registry number: 202349888E
Customer support email: support@second-screen.org
3. The service
3.1 STARLY Service
For the price of a monthly Subscription which can be taken 1 month
in advance, the Service offered on the site is a paid subscription service
which allows the user to access and stream a set of online digital contents.
The user must complete the form provided for this purpose on the Service Site, completing all mandatory fields and expressly accepting the
confidentiality policy and these conditions of use. Any incomplete request may
result in insufficient provision of services. The user warrants that all
information provided in this form is correct, up-to-date and accurate, and is
not misleading in any way.
The user undertakes to inform STARLY of any change or modification of the electronic mail
by which the service will be provided. The user acknowledges and accepts that
the information entered when creating their account constitutes true proof of
their true identity. The information provided by the user will be considered
true and valid. STARLY reserves
the right to verify the accuracy of the data provided by the user. The same
person (with the same name, surname and same address) cannot have more than one
account.
Once the corresponding form has been completed with all the
necessary data, the website will redirect the user to the secure payment page,
where you must enter your credit card number, corresponding to the account on
which you want the service charges are applied.
The user has the possibility to check the details of their
subscription before confirming it.
Once registered and after paying for the service in accordance
with the “PRICES AND PAYMENT METHODS” section, the user will receive an email
confirming their subscription.
Geographic Restrictions. You acknowledge that you may not be able to access all or some
of the Platform and Content outside of the United Kingdom and that access thereto may not be legal by certain persons
or in certain countries. If you access the Content from outside the United Kingdom, you are responsible for compliance with local and federal laws.
3.2 Promotional Offers
Free trials
We may offer free trial to the Service for a limited time (“Trial
Subscription”). The duration of the Trial Subscription will be
specified at sign-up in the applicable offer. You must provide a valid Payment
Method at the time of signing up for the Trial Subscription in order to use the
Platform. Your Payment Method will not be charged during the Trial
Subscription. UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, WE WILL CHARGE
YOUR PAYMENT METHOD THE FEE FOR THE PLATFORM UNLESS YOU CANCEL THE TRIAL
SUBSCRIPTION BEFORE THE LAST DAY OF YOUR TRIAL SUBSCRIPTION.
Promotional offers
We may offer special promotional offers to the Service (“Promotional
Offer”).
These offers exclusive for new Subscribers allow you to subscribe
to the Service and benefit from:
- A cash refund of 60 GBP maximum for only 1 GBP on the product indicated in the welcome offer (the
“Promotional Product”), and
- A discovery access
to the Site for 72 hours.
At the end of this 72-hour period, in the absence of termination
by the Subscriber, the Subscription of 34 GBP (or 102 GBP per quarter) will then take effect automatically and will
continue according to the terms set out in the article 6 of the Terms and
Conditions.
To be able to benefit from the Welcome Offer and the reimbursement
of 60 GBP, the new Subscriber must:
- First, take out
the subscription and pay the sum of 1GBP.
- Secondly, purchase
the Promotional Product. This purchase can be made from any merchant, whether
online or in store.
- Thirdly, within 30
days following subscription to the Subscription, the Subscriber must send the
purchase invoice for the Promotional Product to the following address: refund@secon-screen.org
The Company will then pay the reimbursement of 60 GBP to the Paypal account
associated with the email provided by the Subscriber. If the Subscriber does
not have a Paypal account, he will receive an email from Paypal to open an
account and receive his reimbursement.
If the purchase invoice for the Promotional Product is not sent
within this 30-day period, the Company will not pay the re sum of 60 GBP.
The pictures and descriptions of the Products and Services
constituting the Welcome Offers are as precise as possible but are only
indicative and have no contractual value.
Prize draw offers
We may offer Prize draw offers
Promoter:
The promoter is Second Screen LTD. This promotion is in no way organized,
endorsed or administered by, or associated with, Facebook, Instagram, Tiktok
and other Social Media platforms or any third party.
Fees
collected: There is no entry
fee, and no purchase is necessary to enter this competition. All applicable fees in case there is any are not part of prize draw
but rather for other digital products or service(s) offered .
Agreement
to Rules: By participating, you agree to be fully
unconditionally bound by these Rules, and you represent and warrant that you
meet the eligibility requirements set forth herein. In addition, you agree to
accept the decisions of Second Screen as final and binding as it relates to the
content. The Contest is subject to all applicable federal, state and local laws.
Contest
Period: Entries will be accepted starting on 1 July, 2024 and ending on 30 June, 2025 or whenever we
reached 600 entrants whichever comes first. All entries must be received by
11:59PM EST of the closing date. No further entries to the competition are
allowed after the cut-off period unless otherwise announced by the Organizer
for the extension. Organizer has reserved the right to extend the deadline
subject for deliberation due to unforeseen circumstances within the contest
period.
How to join: Use the giveaway tool which can be found in any
advertisement platforms and Organizer ads. Entry must fulfil all contest
requirements, as specified, to be eligible to win the prize. Entries that are
not complete or do not adhere to the rules or specifications may be
disqualified at the sole discretion of the Organizer. Entrant may enter only
once and must fill in the information requested within the contest period. You
may not enter more times than indicated by using multiple email addresses,
identities, payment method or devices in an attempt to circumvent the rules. If
you use fraudulent methods or otherwise attempt to circumvent the rules your
submission may be removed from eligibility at the sole discretion of the
organizer.
Prize(s): The prize will be stated in the advertising
campaign. The use of specific brands as prize does not imply any association
with or endorsement of such brands.
No
cash or other prize substitution permitted
except at Organizer's discretion. The prize is non-transferable. Any and all
prize related expenses, including without limitation any and all federal,
state, and/or local taxes shall be the sole responsibility of the winner. No
substitution of prize or transfer/assignment of prize to others or request for
the cash equivalent by winners is permitted. Acceptance of prize constitutes
permission for Second Screen to use winner's name, likeness, and entry for
purposes of advertising and trade without further compensation, unless
prohibited by law.
Winner
selection and notification: Winners of the Contest will be selected in
a random draw or in accordance with the competition mechanics. Winners will be
notified via the registered e-mail address of the individual provided during
the registration process within five (5) days following the winner selection.
The prize will be shipped to the winner within 28 days from notification -
SUBJECT TO AVAILABILITY. Organizer shall have no liability for a winner's
failure to receive notices due to winners' spam, junk e-mail or other security
settings or for winners' provision of incorrect or otherwise non-functioning
contact information. If the selected winner cannot be contacted, is ineligible,
fails to claim the prize within 14 days from the time award notification was
sent, or fails to timely return a completed and executed declaration and
releases as required, prize may be forfeited, and an alternate winner selected.
The promoter’s decision in respect of all matters to do with the competition
will be final and no correspondence will be entered into. The receipt by winner
of the prize offered in this Contest is conditioned upon compliance with any
and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL
RULES BY ANY WINNER (AT ORGANIZERS SOLE DISCRETION) WILL RESULT IN SUCH
WINNER'S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER
WILL BE IMMEDIATELY TERMINATED.
Rights
Granted by you: By entering this content you understand
that Second Screen, anyone acting on behalf of Second Screen, the winner agrees
to the use of his/her name and image in any publicity material, as well as
their entry. Any personal data relating to the winner, or any other entrants
will be used solely in accordance with current UK data protection law and will
not be disclosed to a third party without the entrant’s prior consent. The
winner will be contacted by e-mail address provided and their contact details
used only in reference to fulfilment of the Terms of the contest after which no
correspondence will be entered into.
Terms:
Organizer reserves the right, in its sole discretion to cancel, terminate,
modify or suspend the Contest should (in its sole discretion) a virus, bugs,
unauthorized human intervention, fraud or other causes beyond its control
corrupt or affect the administration, security, fairness or proper conduct of
the Contest. In such case, Second Screen may select the recipients from all
eligible entries received prior to and/or after (if appropriate) the action
taken by Second Screen promoter. Second Screen Program “Organizers” reserves
the right at its sole discretion to disqualify any individual who tampers or
attempts to tamper with the entry process or the operation of the Contest or
website or violates these Terms & Conditions. Second Screen promoters and
its affiliates has the right, in its sole discretion, to maintain the integrity
of the Contest, to void votes for any reason, including, but not limited to;
multiple entries from the same user from different IP addresses; multiple
entries from the same computer in excess of that allowed by contest rules; or
the use of bots, macros or scripts or other technical means for entering. Any
attempt by an entrant to deliberately damage any web site or undermine the
legitimate operation of the contest may be a violation of criminal and civil
laws and should such an attempt be made, Second Screen Program promoters and
its affiliates reserves the right to seek damages from any such person to the
fullest extent permitted by law.
4. Access
to the service
The Subscriber is solely responsible for setting up the IT and
telecommunications resources allowing access to the Site.
He is responsible for telecommunications costs when accessing the
internet and using the Site.
5. Subscription
5.1 conditions
To subscribe the Service You certify on your honor that you are of legal age and responsible according to the law in
force in the United Kingdom. You guarantee that You can legally conclude a binding contract and reside in the United Kingdom
Your acceptance of theTerms and Conditions is evidenced by a mandatory check box during the subscription process.
It is only possible to subscribe once per household.
By way of illustration and without this being limiting, persons cannot
subscribe multiple times to the Service:
- having the same name and living at the same address in the same
home, and/or
- living in the same home;
- using the same bank details/means of payment, etc.
5.2 Subscription to
the service
To subscribe, the Userr must complete the form provided for this purpose on the Site by
completing all the fields, all of which are mandatory. In the event of
communication of erroneous data, the Company cannot be held liable.
The User guarantees that all the information he gives in the form is
accurate, up to date and sincere and is not tainted by any misleading character.
He undertakes to inform the Company at the address mentioned in
article 2 in the event of modifications.
The User is informed and accepts that the information entered for the
purposes of creating or updating his account constitutes proof of his identity.
The information entered by the Subscriber is binding upon validation. The
Company reserves the right to verify the accuracy of the data provided by the
Subscriber.
At the end of his registration, and after payment of the price of
the Subscription in accordance with article 6, the Subscriber receives an email
confirming his Subscription. This email may arrive via spam, so the Subscriber
is asked to check that this email has not reached them through this means and
to contact customer service if they have not received it.
6. Price and payment terms
The price of the Subscription appearing on the Site is indicated
in pounds (GBP) all taxes included.
The applicable price is that in force when the User subscribes to
the Service. The price and payment terms may be modified at any time by the Company, which the Subscriber acknowledges and accepts.
6.1 Subscription
prices and set-up
When the User subscribes to the 1 GBP promotional offer, he benefits from a period of 3 days, during which he
may decide to unsubscribe for any reason whatsoever, without prejudice to the
application of its legal right of withdrawal as set out in article 9.
6.2 Payment terms
Payment is made exclusively by credit card. Thereafter, the price
of the subscription is payable by the Subscriber's bank account, until the
Subscriber terminates his Subscription.
This automatic debit of the price of the Subscription is carried
out by the company providing secure payment solutions on the Internet, to which STARLY subcontracts the implementation of the payment and which
alone retains the subscriber’s bank details
for this purpose.
STARLY does not keep any banking details.
The Subscriber guarantees STARLY that he has the necessary
authorizations to pay the price of the Subscription in accordance with the
terms set out in this article.
He undertakes to take the necessary measures to ensure that the
Subscription price can be debited automatically.
STARLY reserves the right to suspend or cancel delivery of the
Product and/or terminate the Subscriber's subscription in the event of
non-payment of any sum due by the Subscriber, in the event of payment incident,
or in the event of fraud or risk of fraudulent use of bank card.
STARLY allows its users to benefit from a payment facility. STARLY has implemented split payment. This payment solution is
automatically activated if the user's bank refuses a request for authorisation
or a direct debit. It is free, and consists of automatically debiting the Subscription
in several instalments.
7. Subscription Duration
The Subscription is non-binding and tacitly renewable. It begins
as soon as payment of the first direct debit is made. The Subscriber has the
possibility of unilaterally terminating his subscription under the conditions
provided for in Article 8. The Subscriber may cancel the subscription
unilaterally under the conditions set out in article 8. If the Subscriber does
not cancel his subscription, it will be renewed from term to term until he
requests cancellation. The Subscriber also has the right to withdraw in
accordance with the conditions set out in article 9.
8. Termination – Cancellation
At the Subscriber's
initiative (unsubscription)
In the event that the Subscriber does not wish to renew the
contract, i.e. unsubscribe, he may do so, without giving any reason, provided
that he/she does so before the relevant tacit renewal date.
The subscriber must notify their intention to
unsubscribe before the 20th of each month. In other words, they will have until
the 20th (00:00) of each month to cancel their subscription and avoid being
automatically billed for the following month. For example, if the customer cancels
their subscription on June 19, they will not be billed for the following month.
However, if the customer cancels their subscription on June 20, they will still
be billed for their July subscription.
Only unsubscription requests received and processed on the last
working day before the deadline will be taken into account.
If the Subscriber unsubscribes while the automatic debit of the
Subscription price is in progress or has been carried out, his or her
unsubscription only takes effect for the following month.
In any event, the Subscriber retains the right to withdraw under
the conditions stipulated in article 10.
Unsubscription is done online through the site www.starly.movie or by making a request to customer service by email to support@second-screen.org
To unsubscribe via Customer Service (support@second-screen.org), the Subscriber must specify the email address with which he registered. The non-renewal of his subscription will be confirmed by return email.
At the
Service’sinitiative
STARLY reserves the right
to terminate the contract at any time if the Subscriber fails to comply with
these Terms and Conditions, in particular article 7.
STARLY also reserves the right to cancel an order. This
cancellation will be notified to the Subscriber by any appropriate means.
9. Right of withdrawals
The Subscriber has a withdrawal period of fourteen (14) clear days
from the day after he takes possession of the Service.
To exercise their right of withdrawal, the Subscriber must notify
STARLY of their wish to withdraw.
To notify the Company of his/her wish to withdraw, the Subscriber
must send a letter or email to the address mentioned in Article 2 of the
General Terms and Conditions of Sale
10. Liabilities
10.1 Limitation of
liability
The user acknowledges that the service consists of providing
access to an online streaming platform.
The company shall not
be liable for any failure or delay in the provision of the service due to
users' difficulties or inability to temporarily access (i) their Internet
connection, (ii) their computer equipment or (iii) their e-mail, for reasons of
force majeure, external circumstances or any other incident that may arise due
to an interruption in the telecommunications network. In such cases, the
subscriber user must be aware of the complexity of Internet networks and
traffic, and of the fact that existing security measures for computer equipment
on the Internet are not totally reliable. Consequently, the company cannot
guarantee that the functions available on the website will be error-free or
that the server is free of viruses.
10.2 the service
STARLY undertakes to carry out regular checks to verify the
operation and accessibility of the Site. As such, it reserves the right to
temporarily interrupt access to these sites for maintenance reasons. Likewise,
STARLY cannot be held responsible for temporary difficulties or impossibilities
of access to these sites which originate from circumstances external to it,
force majeure, or which are due to disruptions in the telecommunications
network, the Subscriber being informed of the complexity of global networks and
the influx, at certain times, of Internet users.
11. Intellectual property
The user undertakes to respect the industrial property rights of
the company and any other third party. The use of or authorization of access to
the website does not in any way imply the granting of a right to the
trademarks, trade names or any other distinctive sign used.
The user may download the web page to their terminal for private
purposes, without any commercial purpose, so as not to exploit, reproduce,
distribute, modify, communicate publicly, transfer, transform or use the
content of the web for public purposes or commercial.
Likewise, the contents are the intellectual property of the
company or of third parties having voluntarily assigned them, without it being
understood that the user, in any case, has been assigned any of the
exploitation rights or any other right existing or which may exist over said
content, beyond what is strictly necessary for the correct use of the website.
Exemption from liability concerning the ownership of trademarks
and copyrights of third parties.
Unless expressly stated otherwise, any trademark/brand name
appearing on this website is the property of its respective owner. Where a
trademark or brand name is mentioned, it is used solely to describe or identify
the products or services and in no way constitutes an assertion that the said
products or services are related to the company.
The site may contain links to other third party pages.
Consequently, the company cannot accept responsibility for the content that may
appear on third party pages.
12. Personal
and banking data
When Subscribers register, the Company collects personal data
concerning their contact details (e.g. telephone number, surname, first name,
e-mail, etc.).
The Company only collects this information for people who have
finally chosen to subscribe to a Subscription to the Site. For visitors to the
Site who choose not to confirm the Subscription, the Company only collects the
email address.
By taking out a Subscription and accepting the Terms and Conditions, the Subscriber agrees to the processing of their personal data
for the purposes of managing Subscriptions. This collection enables the Company
to send the Subscriber his/her order and also to improve the offers made to its
Subscribers and the communication of information about them, as well as to
propose new offers.
In accordance with the applicable law on personal data, the
consumer has the right to oppose, access, rectify and delete any personal data
concerning him obtained by the Company during use of the Site.
13. Prohibited
behavior
Are strictly prohibited:
(i) any behavior likely to interrupt, suspend, slow down or
prevent the continuity of the activity,
(ii) any intrusions or attempted intrusions into STARLY ’systems,
(iii) any misappropriation of the Site’s system resources,
(iv) any actions likely to impose a disproportionate burden on the
infrastructure of the latter,
(v) any breaches of security and authentication measures,
(vi) any action which may prejudice the financial, commercial or
moral rights and interests of STARLY or the users of its Website, and more generally,
(vii) any breach of these terms and conditions.
In the event of a breach of any of the provisions of this
paragraph or, more generally, of any laws and regulations, STARLY reserves the right to take all appropriate measures and to
initiate any legal action.
14. Advertising
STARLY reserves the right to include on any page of the Website any
advertising or promotional material in a form and on terms to be determined by
MY STARLY. More generally, the consumer declares that he/she is aware that
MY STARLY may publish any advertising and promotional content on the
Website.
15. Written
communications
Current legislation requires certain information or communications
to be sent in writing. By using this Site, the consumer accepts that these
communications will be made mainly by electronic means.
For contractual reasons, the consumer accepts this electronic
means of communication and acknowledges that all contracts, notices,
information and other communications that the Company provides to the consumer
by electronic means comply with the legal requirements that such communications
be in writing.
16. Modifications
to the Terms and Conditions
The Company reserves the right to modify its Terms and Conditions
at any time.
in the event of any changes, including price changes, the
Subscriber will be notified by email to the address provided at the time of
registration, 15 days before the new General Terms and Conditions come into
force. If the Subscriber does not agree to these new Terms and Conditions, they
will then have the option of terminating their Subscription under the
conditions set out in article 8.
Termination of the Subscription by the Subscriber will be
effective from the end of the current period and will not give rise to a refund
for the current month, without prejudice to the application of their legal
right of withdrawal as set out in Article 9.
These modifications are enforceable from the moment they are put
online.
17. Applicable
law and jurisdiction
These General Terms and Conditions are governed by Singapore law. With regard to disputes between the Company and the Subscriber concerning the Subscription, the Subscriber is invited to attempt to resolve the dispute amicably before bringing the matter before the courts, by contacting the Company's Customer Service Department as soon as possible at the following e-mail address: support@second-screen.org or by post at the following postal address: Second Screen LTD, 160 Robinson Road, #14-04 Singapore Business Federation Center, Singapore (068914).
The competent court in the event of a dispute is Singapore.
The Subscriber is informed that seeking an amicable solution does
not interrupt the time limits for taking legal action
Every decision about online dispute need to be agreed by both
parties even in the case of the appointment of arbitrators, and also the
appointment of which court to use in the event of a dispute.
The referral to the mediator must be made within the year
following the consumer's last approach to STARLY and can only take
place after the consumer has made prior written representations to STARLY.