Website Terms of Use

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by this reference. If you are accessing the Site on behalf of an entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity.

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, to use the Site. Starly does not knowingly direct the Site to, or collect information from, individuals under the age of eighteen (18).

2. Modifications to These Terms and the Site

Starly reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time by posting the revised Terms on the Site and updating the Effective Date above. Your continued use of the Site following the posting of any revised Terms constitutes your acceptance of those revisions. Starly further reserves the right to modify, suspend, or discontinue the Site, or any portion of the Content, at any time and without notice or liability.

3. Ownership of Content; Limited License

The Site and all Content, including without limitation text, roster listings, biographical descriptions, photographs, images, video, graphics, logos, trademarks, service marks, trade names, and the compilation, arrangement, and design thereof, are the property of Starly, its licensors, or the individual talent depicted, and are protected under United States and international copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership interest in the Content to you.

Subject to your compliance with these Terms, Starly grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Content solely for your own personal, non-commercial informational purposes in connection with evaluating Starly’s services. No other use is permitted. You may not, and may not permit any third party to: (a) reproduce, distribute, publicly display, publicly perform, republish, download (except for standard caching by your browser), or create derivative works from any Content; (b) use any Content for any commercial purpose, including in connection with any competing talent management, agency, or creator monetization business; (c) remove, obscure, or alter any copyright, trademark, or other proprietary rights notice; (d) use any data mining, robots, scraping, or similar automated data-gathering or extraction methods on the Site; or (e) frame, mirror, or incorporate any portion of the Site into another website or application without Starly’s prior written consent.

All trademarks, service marks, and trade names appearing on the Site, including “Starly” and any associated logos, are the property of Starly or their respective owners. Nothing on the Site should be construed as granting any license or right to use any such mark without the prior written consent of Starly or the applicable third-party owner.

4. Roster and Location Information

The Site may identify individuals represented by Starly or its affiliated agency offices, together with descriptive, biographical, and market-location information relating to those individuals (collectively, the “Roster Content”). Roster Content is published for general informational purposes only and is provided with the consent of the individuals depicted pursuant to their separate representation agreements with the applicable Starly entity. Roster Content does not constitute an offer, solicitation, or guarantee of representation, availability, endorsement, or any particular outcome, and inclusion or omission of any individual from the Site at any given time is within Starly’s sole discretion and does not, by itself, reflect the status of any representation relationship.

Starly undertakes reasonable efforts to keep Roster Content current but makes no representation or warranty as to its completeness, accuracy, or timeliness. Location information published on the Site refers to the market territories served by Starly’s affiliated agency offices and does not constitute a representation as to the physical presence, availability, or location of any individual talent at any given time.

5. Inquiries and Submissions

The Site may include forms or contact mechanisms through which you may submit inquiries, booking requests, or other communications (“Submissions”). By making a Submission, you represent that the information you provide is accurate and that you have the right to submit it, and you grant Starly a non-exclusive, royalty-free, worldwide license to use, reproduce, and internally distribute the contents of your Submission solely for the purpose of responding to and processing your inquiry and for Starly’s related recordkeeping and business-development purposes.

A Submission does not create any representation, agency, employment, joint venture, or other contractual relationship between you and Starly. Any engagement of Starly’s services, or any booking of a Starly-represented individual, requires a separate written agreement executed by an authorized representative of the applicable Starly entity.

6. Prohibited Conduct

In connection with your use of the Site, you agree that you will not: (a) violate any applicable federal, state, local, or international law or regulation; (b) impersonate any person or entity, or misrepresent your affiliation with any person or entity; (c) transmit any viruses, malware, or other harmful code; (d) attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems or networks connected to the Site; (e) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; (f) use the Site to harass, defame, or invade the privacy of any individual identified in the Roster Content or otherwise; or (g) use the Site in any manner that could disable, overburden, damage, or impair the Site.

7. Third-Party Links and Content

The Site may contain links to third-party websites or resources, including social media profiles of represented talent. Such links are provided for convenience only. Starly does not control and is not responsible for the content, accuracy, or practices of any linked third-party site, and the inclusion of any link does not imply endorsement by Starly. Your use of any third-party website is at your own risk and subject to the terms and privacy practices of that site.

8. Copyright Complaints

Starly respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that any Content on the Site infringes your copyright, you may submit a notice of claimed infringement to Starly’s designated agent in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). Your notice must be in writing and include, at a minimum: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit Starly to locate it on the Site; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Notices of claimed infringement should be directed to Starly’s designated DMCA agent at info@starlyinc.com. Starly will respond to properly submitted notices in accordance with the DMCA, which may include removing or disabling access to the identified material and, in appropriate circumstances, terminating access for repeat infringers. A party affected by a takedown may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g). Starly reserves the right to seek dismissal of, and damages for, any notice submitted in bad faith or with material misrepresentation, consistent with 17 U.S.C. § 512(f).

9. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. STARLY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STARLY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STARLY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STARLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STARLY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Starly and its affiliates, and each of their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Site; (b) your violation of any provision of these Terms; or (c) your violation of any third-party right, including any intellectual property or privacy right.

12. Governing Law; Dispute Resolution

12.1 Governing Law.

These Terms and any dispute arising out of or relating to these Terms or the Site will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.

12.2 Binding Arbitration.

Except for claims that qualify for small-claims court or claims for injunctive or other equitable relief to protect intellectual property or confidential information, you and Starly agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Site (each, a “Dispute”) will be resolved exclusively through final and binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect, rather than in court, except that either party may bring an individual action in small-claims court. The arbitration will be conducted by a single arbitrator and will take place in San Diego County, California, or such other location as the parties may agree in writing, or may be conducted remotely where permitted by the arbitrator. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action and Jury Trial Waiver.

YOU AND STARLY EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND STARLY EACH WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE, TO THE FULLEST EXTENT PERMITTED BY LAW.

12.4 Opt-Out.

You may opt out of the arbitration and class-action-waiver provisions of this Section 12 by sending written notice to Starly at info@starlyinc.com within thirty (30) days of your first use of the Site. If you opt out, any Dispute will instead be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction and venue of those courts and waive any objection based on inconvenient forum.

12.5 Severability of This Section.

If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, that portion will be severed, and the remainder of this Section 12 will remain in full force and effect. If the class-action-waiver provision in Section 12.3 is found unenforceable as to a particular Dispute, then this entire Section 12 (other than this sentence) will not apply to that Dispute, and the Dispute will be resolved in the courts identified in Section 12.4.

13. General Provisions

13.1 Entire Agreement.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Starly with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether oral or written, relating to the Site.

13.2 Severability.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

13.3 No Waiver.

Starly’s failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision unless acknowledged and agreed to by Starly in writing.

13.4 Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without Starly’s prior written consent. Starly may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

13.5 Electronic Communications.

Your use of the Site constitutes your consent to receive communications from Starly electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

13.6 Force Majeure.

Starly will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disaster, war, terrorism, labor dispute, governmental action, internet or utility failure, or failure of third-party hosting or infrastructure providers.

13.7 Contact.

Questions regarding these Terms may be directed to Starly at info@starlyinc.com.