Terms of Service:
Effective Date: August 5, 2024
Definitions: For the purposes of these Terms and Conditions, the following definitions apply: "Future Star Student," "we," "us," or "our" refers to Future Star Student, LLC, its employees, officers, directors, and authorized representatives. "You," "your," "client," or "customer" refers to the individual or entity engaging our services or using our website. "Services" means any and all services provided by Future Star Student, including but not limited to video production, editing, consultation, and any related activities. "Website" refers to the official Future Star Student website located at www.futurestarstudent.com. "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials. "Video product" or "final video product" refers to the completed video created by Future Star Student for the client. "Production process" means the entire journey from initial consultation to the delivery of the final video product. "Intellectual Property" includes but is not limited to copyrights, trademarks, trade secrets, and other proprietary rights. "Terms and Conditions" or "Agreement" refers to this entire document, including all sections and clauses contained herein. "Personal Information" means any information that identifies or can be used to identify an individual, directly or indirectly. These definitions apply throughout this Agreement unless explicitly stated otherwise. Any capitalized terms used in this Agreement that are not defined here shall have the meanings given to them elsewhere in this Agreement.
Quality Assurance: We strive to deliver the highest quality product that meets or exceeds your expectations. Prior to final delivery, you will have the opportunity to review and request reasonable revisions as outlined in your service agreement.
Satisfaction Guarantee: While we do not offer refunds, we are committed to your satisfaction. If you are not completely satisfied with our service, please contact us at info@futurestarstudent.com within 7 days of receiving your final product. We will work diligently to address your concerns and find a mutually agreeable solution.
Technical Issues: In the rare event of technical difficulties on our end that prevent the delivery of your video, we will work to resolve the issue or provide appropriate compensation, which may include a partial credit towards future services.
Non-Refundable Service: All services provided by Future Star Student, including but not limited to video production, editing, and consultation, are non-refundable once the production process has begun.
Cancellation: If you choose to cancel your service before we have initiated the production process, you may be eligible for a partial refund, less any administrative fees. Please contact us immediately if you wish to cancel.
Upfront Payment: Full payment for our services is required before the production process begins. This policy is in place for the following reasons: a) Resource Allocation: Your payment allows us to allocate the necessary resources, including our expert team members and high-quality equipment, to your project immediately. b) Customization: Each video is tailored specifically to the individual student. Upfront payment ensures we can commence work on your unique content without delay. c) Limited Availability: Due to the exclusive nature of our service and limited production slots, upfront payment secures your spot in our production schedule. d) Quality Assurance: This policy enables us to focus entirely on producing the highest quality video for your application, without concerns about payment collection. e) Fair Business Practice: As a boutique service provider, we invest significant time and resources into each project from the outset. Upfront payment protects our business interests and allows us to maintain our high standards of service. f) Payment Methods: We accept payments via major credit cards (Visa, MasterCard, American Express), PayPal, and bank transfers. For other payment methods, please contact our customer support team.
Force Majeure: Force Majeure: Future Star Student is not liable for failure to perform its obligations if such failure is as a result of natural disasters (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, cybersecurity incidents, pandemics, or other events beyond our reasonable control.
Ownership and Copyright: a) Exclusive License: Upon full payment, Future Star Student grants the client (student and/or parent) an exclusive license in perpituity to use the final video product. This license gives the client full rights to use, reproduce, and distribute the video for any purpose related to their academic pursuits and personal use. b) Transfer of Rights: The exclusive license allows the client to retain full control over the video content. This license is non-transferable unless explicitly agreed upon in writing by Future Star Student. c) Client's Use: As the exclusive license holder, the client may: use the video content for college applications and admissions processes, share the video content on personal platforms or portfolios, reproduce or distribute the video as they see fit, create derivative works based on the video content for personal use. d) Attribution: While not required due to the exclusive nature of the license, we appreciate attribution to "Future Star Student" if the client chooses to share the video publicly. e) Adaptation: As the exclusive license holder, the client has the right to alter, edit, or modify the video. However, for quality assurance, we recommend consulting with Future Star Student for any significant changes. f) Future Star Student's Use: Future Star Student does not retain the right to use the video content for promotional purposes without explicit permission from the client. If we wish to use portions of the video content for purposes such as showreels or examples of our work, we must obtain written consent from the client. We respect our clients' privacy and the exclusive nature of their license. g) Music and Third-Party Content: Any music or third-party content used in your video has been licensed by Future Star Student specifically for your project. As the exclusive owner of the final video product, you have the right to use this content as part of your video. However, please note that this doesn't grant you separate rights to use the music or third-party content independently of the video. If you wish to use these elements separately, you may need to obtain additional licenses. h) Confidentiality: Future Star Student commits to maintaining the confidentiality of all personal information and content you provided during the production process. As the exclusive owner of the final video product, you have full control over its distribution and the disclosure of its contents. Our commitment to confidentiality extends beyond the completion of the project, and we will not share any details about your video or personal information without your explicit consent. i) Infringement Protection: As the exclusive owner of the video, you have the right to protect your content from unauthorized use. If you become aware of any infringement of your video, you have the legal standing to take action. While Future Star Student cannot initiate legal proceedings on your behalf, we are willing to provide any necessary documentation to support your ownership claim if such a situation arises. We recommend consulting with a legal professional if you encounter any infringement issues.j) Client Responsibility for Content: Upon transfer of ownership and granting of the exclusive license, the client assumes full responsibility for the content of the video. This includes: i. Legal Compliance: Ensuring that the use and distribution of the video comply with all applicable laws and regulations. ii. Content Accuracy: The client is responsible for the accuracy and truthfulness of all information presented in the video. iii. Third-Party Rights: The client must ensure that their use of the video does not infringe upon any third-party rights, including but not limited to privacy rights, publicity rights, and intellectual property rights. iv. Appropriate Use: The client is responsible for using the video in a manner that is consistent with its intended purpose for academic applications and personal use. v. Consequences of Misuse: The client agrees to indemnify and hold Future Star Student harmless from any claims, damages, or legal actions arising from the client's use, modification, or distribution of the video after the transfer of ownership. vi. Ethical Considerations: The client is expected to use the video in an ethical manner that accurately represents their abilities and achievements. Future Star Student disclaims any responsibility for how the video is used, modified, or distributed by the client after the transfer of ownership. We strongly recommend that clients consult with appropriate advisors (legal, academic, etc.) if they have any questions about the proper use of their video.
Customer Behavior and Studio Rules: a) Professional Environment: Future Star Student maintains a professional, safe, and respectful environment for all clients and staff. Customers are expected to conduct themselves accordingly while in our studio or interacting with our team. b) Prohibited Behavior: The following behaviors are strictly prohibited: harassment or discrimination of any kind, violent or threatening behavior, use or possession of illegal substances, intoxication or being under the influence of drugs or alcohol, damaging or misusing studio equipment or property, and disruptive behavior that interferes with other clients or our work. c) Compliance with Instructions: Customers must follow all instructions given by Future Star Student staff, especially regarding safety protocols and equipment usage. d) Minors: If the student is a minor, a parent or guardian must be present during all studio sessions unless otherwise agreed in writing. e) Dress Code: Customers should dress appropriately for a professional environment. Specific wardrobe guidelines for video shoots will be provided in advance. f) Punctuality: Customers are expected to arrive on time for scheduled appointments. Excessive tardiness may result in shortened sessions or rescheduling fees. g) Consequences of Misconduct: Future Star Student reserves the right to take appropriate action in response to any violation of these rules, which may include: verbal warnings, immediate termination of the studio session, cancellation of the service contract without refund, banning from future use of our services, and reporting unlawful behavior to appropriate authorities. h) Legal Action: Future Star Student reserves the right to pursue legal action in cases of severe misconduct, property damage, or any unlawful activities. i) Liability: Customers will be held financially responsible for any damage to studio equipment or property resulting from their negligence or misconduct.
Data Protection and Privacy Policy: Future Star Student is committed to protecting your personal information. We collect, store, and process data in accordance with applicable data protection laws. a) Data Collection: We collect information necessary for providing our services, including personal details, academic information, and video content. b) Data Storage: All data is securely stored using industry-standard encryption methods. c) Data Use: Your information is used solely for the purpose of creating your application video and improving our services. d) Data Protection: We implement stringent measures to protect against unauthorized access or disclosure of your data. e) Data Retention: We retain your data only for as long as necessary to fulfill the purposes for which it was collected. f) Your Rights: You have the right to access, correct, or delete your personal data. Contact us at info@futurestarstudent.com for any data-related requests. g) Regulatory Compliance: We comply with applicable data protection regulations, including but not limited to the California Consumer Privacy Act (CCPA) and, where applicable, the General Data Protection Regulation (GDPR).
Dispute Resolution: Any disputes arising from or relating to these terms or our services shall be resolved through binding arbitration in the State of New York, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding on both parties.
Amendments to Terms: Future Star Student reserves the right to modify these terms at any time. Any changes will be effective immediately upon posting on our website. We will notify customers of significant changes via email. Continued use of our services after changes constitutes acceptance of the new terms.
Limitation of Liability: To the fullest extent permitted by law, Future Star Student's liability for damages shall not exceed the amount paid by the customer for our services. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This limitation of liability does not apply to liabilities that cannot be limited by applicable law.
Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement: These terms and conditions constitute the entire agreement between Future Star Student and the customer, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
Intellectual Property: In addition to the copyright terms previously outlined, Future Star Student retains all rights to its trademarks, logos, and other intellectual property. Customers may not use these without express written permission.
Communication Consent: By engaging our services, you consent to receive communications from Future Star Student via email, phone, or text regarding your project. You may opt out of marketing communications at any time by contacting info@futurestarstudent.com.
Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Age of Consent: By using our services, you affirm that you are at least 18 years of age, or have parental consent and are at least 13 years of age. If you are a parent or guardian agreeing to these terms for the benefit of a minor, you are fully responsible for their compliance with these terms, including all financial responsibilities. If we discover that a user is under 13 years of age, we will immediately terminate their account and delete their personal information. For users between 13-18 years old found to be using our services without parental consent, we reserve the right to suspend the account until parental consent is verified.
International Customers: Future Star Student provides services primarily for customers in the United States. However, we recognize that our services may be of interest to international customers. The following terms apply to international customers: a) Language: All services, communication, and documentation will be provided in English unless otherwise specified. b) Currency: All prices are quoted in US dollars. International customers are responsible for any currency conversion fees or fluctuations. c) Time Zones: All appointment times and deadlines will be set according to Eastern Time (ET). It is the customer's responsibility to manage any time zone differences. d) Compliance with Local Laws: International customers are responsible for ensuring that their use of our services complies with all applicable laws and regulations in their country of residence. e) Export Regulations: Our services may be subject to US export control laws. By using our services, you agree to comply with all such laws and regulations. f) Payment Methods: International customers may be subject to different payment method options or additional fees. Please contact our customer support for more information. g) Shipping and Delivery: If physical materials are involved, international customers may be subject to additional shipping fees and potential customs duties or taxes, which are the responsibility of the customer. h) Data Transfer: By using our services, international customers consent to their data being transferred to and processed in the United States.
Terms of Use for Website: The following terms govern your use of the Future Star Student website (www.futurestarstudent.com): a) Acceptance of Terms: By accessing and using our website, you accept and agree to be bound by these terms of use. b) Intellectual Property: All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Future Star Student and protected by copyright laws. c) Prohibited Activities: You agree not to: use the website for any unlawful purpose; attempt to gain unauthorized access to any part of the website; use the website in any manner that could damage, disable, overburden, or impair our servers or networks; use any robot spider, or other automatic device to access the website; copy, reproduce, distribute, or sell any information obtained from the website without our express written consent d) User-Generated Content: If you submit any content to our website (e.g., testimonials, comments), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such content. e) Third-Party Links: Our website may contain links to third-party websites. We are not responsible for the content or practices of these websites. f) Disclaimer of Warranties: The website is provided "as is" without any warranties, expressed or implied. g) Limitation of Liability: Future Star Student shall not be liable for any damages arising out of or in connection with the use of this website. h) Changes to Website: We reserve the right to modify or discontinue any aspect of the website at any time without notice. i) Governing Law: Use of this website shall be governed by the laws of the State of New York. These terms of use are in addition to and do not replace or modify any other agreements you may have with Future Star Student for our services.
Termination of Services: Future Star Student reserves the right to terminate services under certain circumstances. This section outlines the conditions under which we may discontinue our services: a) Violation of Terms: We may terminate services immediately if you violate any of these terms and conditions, including but not limited to non-payment, misuse of our services, or breach of our intellectual property rights. b) Illegal Activities: If we have reason to believe that you are using our services for any illegal purpose or in connection with illegal activities, we reserve the right to terminate services immediately and report such activities to the appropriate authorities. c) Harassment or Abuse: Any form of harassment, abuse, or threatening behavior towards our staff or other clients will result in immediate termination of services. d) False Information: Providing false or misleading information during the application process or in the course of our services may lead to termination. e) Repeated Dissatisfaction: If, after multiple attempts to address your concerns, we are unable to meet your expectations or requirements, we reserve the right to terminate services and provide a partial refund at our discretion. f) Extended Inactivity: If your project remains inactive for an extended period (e.g., 6 months) despite our attempts to contact you, we may terminate the service and consider the project abandoned. g) Force Majeure: In cases where unforeseen circumstances beyond our control prevent us from delivering our services, we may need to terminate the agreement. h) Business Changes: In the event of significant changes to our business model or services offered, we reserve the right to terminate existing agreements with appropriate notice. i) Notice of Termination: Except in cases of immediate termination due to violations or illegal activities, we will provide you with written notice of our intent to terminate services. This notice will include the reason for termination and any applicable refund information. j) Your Right to Terminate: You may terminate services at any time by providing written notice to us. Please note that our refund policy, as outlined in the Cancellation section, will apply. k) Post-Termination: Upon termination, you will lose access to any incomplete work or drafts. If termination occurs after the final product has been delivered, you retain rights as outlined in the Ownership and Copyright section. Future Star Student is committed to maintaining a positive relationship with all clients and will only exercise these termination rights when necessary. We will always strive to resolve issues amicably before considering termination of services.
Accommodation Requests: If you encounter any accessibility barriers or require specific accommodations, please contact our customer support team at info@futurestarstudent.com. We will make reasonable efforts to address your needs. By using our services, you acknowledge that achieving 100% accessibility for all users may not always be possible due to the nature of video content and rapidly changing technologies. However, we are committed to providing the best possible experience for all users and continually improving our accessibility standards.
Feedback and Complaints: We value your feedback and are committed to continuously improving our services. If you have any suggestions, concerns, or complaints, please submit them to info@futurestarstudent.com. We will review and respond to all feedback and complaints within 5 business days. For urgent matters, please contact our customer support team directly.
Customer Support: For any issues not covered in these terms or for additional assistance, please contact our customer support team at info@futurestarstudent.com.
By engaging our services, you acknowledge and agree to these terms. If you have any questions about this policy, please contact us at info@futurestarstudent.com before proceeding with your order.