BY ACCESSING AND USING THIS Starstruck Productions WEB SITE (the "Site"),
YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE.
By using the Site, you are representing that you are
at least 13 years old (or the minimum legal age in the jurisdiction
in which you are viewing the Site.) We may modify these Terms of Use
at any time. Modifications will be posted in these Terms of Use, and
your use of the Site after such changes have been posted will constitute
your agreement to the modified Terms of Use and all of the changes.
You should read these Terms of Use each time you access, and prior
to using, the Site.
Use of Site.
Content on the Site may be displayed and printed solely
for your personal, non-commercial use. You may not reproduce, copy,
sell, resell or otherwise exploit this Site, or any portion of this
Site, without the express prior written consent of Starstruck Productions
Entertainment, Inc. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use
(but not for resale or redistribution). We reserve the right to refuse
service, terminate accounts, and/or cancel orders in our sole discretion.
You are responsible for maintaining the confidentiality of your password(s).
In the event of a breach of security through your account, you will
be liable for unauthorized use until you notify us at webmaster@StarstruckProductions.net
You are responsible for obtaining access to the Site
and understand that access may involve third party fees (such as Internet
services provider or airtime charges). You are responsible for those
fees. In addition, you must provide and are responsible for all equipment
necessary to access the Site.
Privacy.
Please review our Privacy Statement
WARNING:
It is possible that other users or unauthorized "hackers"
may post or transmit offensive or obscene materials on the Site and
that you may be involuntarily exposed to such materials. It may also
be possible for other users or "hackers" to obtain personal
information about you. By using the Site, you assume the risk of such
occurrences.
Online Conduct.
You agree not to submit, publish or display on the
Site any defamatory, abusive, obscene, threatening, racially or sexually
offensive or illegal material, or any material that infringes or violates
another party's rights. You agree not to target Starstruck Productions or any other
user with the intent to cause harm, distress, embarrassment or other
discomfort. You agree to use the Site in a manner consistent with
applicable laws and regulations. You agree not to use a false e-mail
address, impersonate any person or entity, utilize more than one screen
name, or otherwise mislead as to the origin of content. If you violate
these terms Starstruck Productions may, with or without prior warning, terminate your
account without compensation.
Indemnity.
You agree to defend, indemnify and hold harmless Starstruck Productions,
its subsidiaries, affiliates, officers, directors, employees, agents
and licensees from any claims, losses, damages, expenses, demands,
and costs (including without limitation reasonable attorneys fees),
arising out of or relating to your use of the Site.
Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. OUR WEB SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM OUR SITE WILL
BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
OUR SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE
IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD
OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM OR THROUGH OUR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS OF USE. Starstruck Productions AND ITS CONTENT PROVIDERS ARE
NOT GIVING LEGAL OR OTHER PROFESSIONAL ADVICE.
Limitation on Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Starstruck Productions,
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSEES OR CONTENT
PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR
INABILITY TO USE THE SITE, including but not limited to reliance on
information obtained on the Site, mistakes, omissions, interruptions,
deletion of files or electronic mail, loss of or damage to data, errors,
defects, viruses, delays in operation or transmission, or any failure
of performance, whether or not resulting from acts of God, communications
failure, theft, destruction or unauthorized access to Starstruck Productions'
records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION
WILL APPLY WHETHER OR NOT Starstruck Productions IS GIVEN NOTICE OF
THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY
TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM Starstruck
Productions OR ITS SUBSIDIARIES AND AFFILIATES.
Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental
or consequential damages. Accordingly, some of the above limitations
may not apply to you.
Intellectual Property.
The content displayed on the Site, including without
limitation text, graphics, logos, images, artwork, audio clips, digital
downloads, data compilations, trademarks, service marks and software,
is the exclusive property of Starstruck Productions or its content suppliers and is
protected by copyright, intellectual property and/or trademark laws.
Copyright Complaints.
Starstruck Productions respects the intellectual property of others
and we ask our users to do the same. If you believe that your copyrighted
work has been copied and is accessible on our web site in a way that
constitutes copyright infringement, you may notify us by providing
our copyright agent the following information:
(i) An electronic or physical signature of the owner of the copyright
or the person authorized to act on the owner's behalf.
(ii) A description of the copyrighted work that you claim has been
infringed and a description of the infringing activity.
(iii) Identification of the location where the original or an authorized
copy of the copyrighted work exists, for example, the URL (i.e., web
page address) where it is posted or the name of the book in which
it has been published.
(iv) Identification of the URL or other specific location on the Site
where the material you claim is infringing is located, including enough
information to allow us to locate the material.
(v) Your name, address, telephone number and electronic mail address.
(vi) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent or
the law.
(vii) A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the author's behalf.
Additional Terms.
The Site contains other terms and conditions, which
you agree to observe and follow.
Editing, Deleting and Modification.
We reserve the right (but not the obligation) in our
sole discretion to monitor, edit or delete any documents, activity,
information or other content appearing on the Site. If you post content
of submit material, and unless we indicate otherwise, you grant Starstruck Productions
and its affiliates a royalty-free, non-exclusive worldwide right and
license, but not the obligation, to post, display, exhibit, reproduce,
mechanically reproduce, modify, adapt, translate, encode, print, distribute,
transmit, retransmit, stream, archive, stream on-demand, make available
digitally for download and publicly perform, broadcast, rebroadcast,
and webcast through any use of Internet based protocols, distribute
in any media through any electronic, wireless or broadband means,
now known or hereafter divised, electronically publish and synchronize
with visual images, electrically transcript, your content and other
materials.
Electronic Mail.
You agree that we may disclose electronic mail or other
postings as required by law or legal officials. YOU AGREE THAT ANY
AND ALL ELECTRONIC MAIL AND OTHER POSTINGS SENT OR RECEIVED BY YOU
ARE TO BE IN THE PUBLIC DOMAIN AND READILY ACCESSIBLE TO THE PUBLIC.
Commerce on our Web Site.
You may have opportunities to order and purchase merchandise
or services through the Site. All transactions relating to merchandise
or services offered by any party other than Starstruck Productions are solely between
the seller and you, and you acknowledge that Starstruck Productions and its subsidiaries
and affiliates make no warranties or representations with regard to
such merchandise and/or services.
Links.
The Site may contain links to other web sites or resources.
Starstruck Productions is not responsible for the content or operation of such other
web sites or resources, and shall have no liability in connection
with them.
Miscellaneous Legal Provisions.
By accessing the Site, you agree that the laws of the
State of California, without regard to principles or conflict of laws,
will govern these Terms of Use and any dispute of any sort that might
arise between you and Starstruck Productions or its affiliates. This Agreement is personal
to you, and you may not assign your rights or obligations to anyone.
If any provision in this Agreement is invalid or unenforceable under
applicable law, the remaining provisions will continue in full force
and effect.
Additional Questions.
Questions regarding this Terms of Use Agreement should
be directed to webmaster@StarstruckProductions.net.
