Terms of Service
Last update: September 2021
Oshinstar is a platform that provides all its talents, fans, companies, professionals from different sectors and amateurs from all over the world with an organized and effective creative space, with the right tools to develop and evolve their potential skills, as well as offering the possibility to belong to a safe and supportive community, where they can discover, connect and have a recurring source of income.
One of our core behaviors is to put our talents first, and these terms are intended to do just that. We've done everything we can to make this easier.
When you create an account, you must provide us with accurate, bona fide information, and you agree to keep your information up to date if it changes. To create an account you must be at least 13 years old and the account must be under the supervision of parents and/or guardians. To join a talent's membership as a sponsor, or provide a membership as a talent, you must be at least 16 years old and the account must be under the supervision of parents and/or guardians. Some items are not available to users under a certain age.
You are responsible for anything that happens when someone logs into your account, as well as for the security of the account. Please contact us immediately if you believe your account has been compromised. You can learn more about security on our Security Policy and Guide for Parents and Guardians page.
You can access the platform through Oshinstar's mobile apps and through the Oshinstar Website. There are certain features that are available only on the App.
The platform allows you to create, post and share videos, photos and tracks, while allowing you to interact with and consume content that other talents have created for the community.
Specifically, you can do the following:
- You can record or import any content to the platform, as long as you retain full ownership of all your creations, but give us permission to use them on Oshinstar.
- You can publish your creations so that other users can consume it. The content you post will be available on the App and on the Oshinstar Website.
- You can include a description of your creations, tags and various privacy settings.
You can interact with the content of other talents. Specifically, you can do the following:
- Direct messages: You can send direct messages to any member of the community.
- Like: You can express that you like the content by means of a Like.
- Comments: without prejudice to user settings, You can post comments on any user's content.
- Following: You can follow any member of the community. If a member of the Oshinstar community restricts their profile, you will not be able to follow or view any information.
The Limited Individual Account is an ideal for children ages 13-17 who have an Oshinstar account managed with Parental Mode.
Because you are a minor, some of your features are disabled by default, giving you limited access to Oshinstar's features. You can learn more about the Limited Individual Account and Parental Mode in our Guide for parents and guardians.
The Business account is an ideal for companies. Ideal for creating events such as castings, auditions, jobs and more. A good starting point to meet the best talent in the market and who you can reach. You can learn more about the Business Account in our Hub Center.
You can upgrade your user account to a Pro Account. The Pro Account gives you access to additional features, such as participation button, invitation to new projects, becoming a fan and selling your creations. You can learn more about the requirements to upgrade your Individual or Business account to a Pro Account in our Hub Center.
We strive to provide the Service without significant interruptions and to continually improve the Service. However, the Service may be unavailable in whole or in part for certain periods of time due to planned or unplanned downtime, maintenance or technical difficulties.
You are responsible for all activity on your account. If you violate our policies, we may terminate your account. Don't do anything illegal, abusive toward others or that abuses our site in a technical way. If you are a talent who raises funds on Oshinstar, we may be responsible for what you do with those funds. As a result, we also scrutinize what you do with your membership outside of our platform.
A Talent is an artist, company, professional or user who produces content for commercial purposes and interacts with fans, earning money through payments for exclusive content or monthly contributions through memberships.
There are many details below about payments, fees and restrictions that you should read in full if you are a Talent.
To become a talent and be able to sell exclusive content, create memberships, accept donations and allow custom requests. Simply create an Individual or Business account and activate the Oshinstar Pro account.
By activating the Pro account, you will enable exclusive tools for talents, be able to showcase your creations through exclusive content or memberships and receive recurring revenue from your profile.
Memberships are for your most passionate fans. At Oshinstar, you can provide your fans with something exciting that gives them unique benefits, such as access to additional content, exclusivity and more personalized communication. In turn, you'll receive the loyal support of your now-sponsors and recurring revenue from memberships that sponsors have purchased on Oshinstar.
As a talent, you can create an Oshinstar membership and provide it to your fans on a subscription basis.
We handle payment issues such as: fraud, chargebacks and payment dispute resolution. We may also block or hold payments for violations of our policies or for compliance reasons. When payments are delayed or blocked, we try to communicate the reason immediately. If you have questions about a payment block, please contact us. To protect talent, we may block fan payments if we believe they are fraudulent.
Registration on the platform is free and commissions on sales are not included. Oshinstar will not keep any percentage of your revenue as a talent at the time of making a sale of exclusive content or subscription.
No payment commissions will be deducted for your creations or memberships.
We do not allow creations and benefits that violate our policies. A summary of those rules is that we do not allow:
- Illegal creations or benefits.
- Abusive creations or benefits to others.
- Creations or benefits that use the intellectual property of others, unless you have written permission to use them, or your use is protected by fair use.
- Creations or benefits with real people who engage in sexual acts. Perks involving sweepstakes or prizes based on chance.
If your fans include people under the age of 18, remind them that they need permission to join your membership and that children under the age of 13 may not use Oshinstar. We are not obligated to allow any particular person or group of people to be your sponsor. As a talent, you are also responsible for keeping user data secure. An account is tied to your creative output and cannot be sold or transferred for use by another talent or user.
One of the objectives of the Professional and Business profiles at Oshinstar is to connect with a target audience and attract clients, to have a solid network of contacts to strengthen relationships with other professionals.
Many of the functionalities of a professional or business account are focused on finding qualified profiles, projects or companies to do business with or promote your services, products or knowledge about different industries in the art world.
You will be able to create job postings, projects and casting to promote the vacancies you need in your project or business and the facility to manage all the applications in general of your business.
When a Fan proceeds with the payment of an Oshinstar membership, they automatically become a Patron. As a Sponsor, you can interact directly with the talents you are supporting, using various tools. Through our platform, the Sponsor has the opportunity to interact with a larger community exclusively from the Talent.
As a Sponsor, you are part of a movement to support a Talent through your membership through a subscription. You get special benefits such as access to exclusive creations, personalized experiences and access to the Talent's fan community.
The amount of each membership subscription depends on the type of membership agreement the Talent enters into.
To become a Patron Fan, simply create an account, activate Pro mode, add your preferred payment method and join an Oshinstar membership to start supporting your favorite talent.
There are two ways to become a fan sponsor, the first is through a monthly subscription, where you can get additional exclusive content and the second is by purchasing per creation. Where you buy an exclusive creation, where only fans who pay for it will be able to view the content.
Talent memberships vary and we have limited control over the quality and specific offerings. We try to detect fraudulent talent users, but we cannot guarantee the identity of the talent or the validity of the claims they make. We appreciate your help in reporting suspicious talent so that we can keep Oshinstar safe.
We proactively screen some profiles and postings on Oshinstar to ensure that talents follow our terms. We also investigate reports of possible violations. These investigations may take some time to resolve depending on their complexity.
In most situations, we will work with talent to resolve any potential violations and allow the talent to continue using Oshinstar. Account termination is not an action we take lightly and is done only in the most extreme cases.
Oshinstar reserves the right to remove a Talent or Fan Sponsor from participating in memberships. Removal of the Talent or Sponsoring Fan from participation in memberships will prohibit the Talent from accepting further payments and prohibit the Sponsoring Fan from making further payments, but will not result in the automatic removal of the Talent or Sponsoring Fan from the platform, unless there is an independent basis for removal from the platform.
We are constantly testing new features with the goal of improving Oshinstar. We may add or remove features and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, we explain those differences in the test.
You may permanently disable or delete your account at any time. When you delete your account, you can see what information is deleted and what information we continue to store after the account is deleted. We may cancel or suspend your account at any time at our discretion. We may also cancel any membership subscription and remove any description, publication or benefit at our discretion. You may not bring a claim against us for suspending or terminating another person's account, and you agree that you will not bring such a claim. If you attempt to bring such a claim, you are liable for damages, including attorneys' fees and costs. These terms remain in effect even if you no longer have an account.
You retain full ownership of all creations you offer on Oshinstar, but we need your licenses to operate Oshinstar effectively. By posting creations on Oshinstar, 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 creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your users. We will never attempt to steal your creations or use them in an exploitative manner. You may not post creations that infringe on the intellectual property or proprietary rights of others. Users may not use creations posted by talents without their permission, unless they acquire the creation through purchase by NFTs.
Our creations are protected by copyright, trademark and trade secret laws. Examples of our creations include site text, our logo and our code base. We grant you a license to use our logo and other copyrights or trademarks to promote your Oshinstar site. You can learn more about the proper use of our logo in our Brand Resources. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you written permission.
Oshinstar is provided "as is" and without warranty of any kind. Any warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranties are excluded to the fullest extent permitted by law. The warranty disclaimers under this clause also apply to our subsidiaries, affiliates and third party service providers.
We are not liable for losses associated with unfulfilled benefits and losses caused by conflicting contractual agreements. For this clause, "we," "us" and "our" are defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.
We encourage you to contact us if you have a problem. If a dispute arises out of these terms or in connection with your use of Oshinstar, the dispute will be resolved in the courts of Santo Domingo, Dominican Republic. Both parties consent to the exclusive jurisdiction and venue of the courts of Santo Domingo, Dominican Republic for the purpose of resolving such dispute. The law of the Dominican Republic governs these terms, all other Oshinstar policies and any dispute arising between you and Oshinstar.
These terms are the final word on Oshinstar's policies and we will let you know if we change them.
These terms and policies referred to constitute 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 effect. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any right in the future. From time to time, we may make changes to these terms and policies. If we make material changes that adversely affect your rights, we will let you know before the changes become effective. Your continued use of Oshinstar after a change means you accept the new terms or policies.