Terms of Use

This statement covers all of the Starstruck LLC (doing business as “Right Media Network” including rightcelebrity.com, rightpundit.com, and all sub-domains) sites and any associated content including email and RSS feeds. Please read this statement carefully before proceeding to access any of the Right Media Network websites as you will need to accept its Terms and Conditions. Your use of the Right Media Network sites indicates your agreement to abide by the Terms currently in effect. The Terms of Use are subject to change at anytime without notice.

1. Internet Service Provider
Right Media Network is an Internet Service Provider, otherwise known as an interactive computer service provider as defined by the Communications Decency Act Section 230(f)(2). The Right Media Network is not, in whole or in part, responsible for the creation or development of the information provided through the Network. Further, the Right Media Network only provides traditional editorial functions.

2. Disclaimer
Right Media Network covers opinions, innuendo, rumor, speculation, conjecture, assumptions, opinions, hearsay, as well as facts. There is no assurance or representation that the information provided by others at this site is verified accurate or complete. The Starstruck, LLC does not make any warranty, guarantee, or representation as to the veracity, correctness or reliability of the sites’ content. Additionally, links to external content on and quotation of material from other sites are not the responsibility of Starstruck, LLC nor does Starstruck, LLC make any representation or warranties as to its content.

Right Media Network sites are in compliance with the Digital Millennium Copyright Act. All of the images, contents, articles, date, and videos are from our “lawful image contracts” or are believed to be in the public domain or are among those documents or images considered or which constitute “fair use.” Original authors retain their copyrighted material. If you own material you wish to submit and do not want it displayed, please contact us using the method outlined below prior to submitting any material or content.

3. General Terms of Use
Starstruck LLC provides all content on the Right Media Network website “AS IS” and Starstruck LLC shall not be held liable nor shall it be subject to claim or cause of action by you for use of the information or the feeds.

Use of any Right Media Network website’s content, including, but not limited to, text and imagesis used or reviewed entirely at your discretion. Starstruck LLC is not responsible for any complaints, actions, damages, or claims regarding content, documents, pictures, or images that you choose to display print. By utilizing any content from the Right Media Network you agree that Starstruck LLC retains its status as an Internet Service Provider and is not responsible for the creation or development of the content you choose to use.

TO THE FULLEST EXTENT ALLOWED, STARSTRUCK LLC DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to all of the terms and conditions contained herein.

4. Correspondence and Submissions to Starstruck LLC
Any correspondence with the Right Media Network sites or with Starstruck LLC, or submission of content to us, including, but not limited to, any documentation, comments video, audio, photography, text or images, is considered to be the property of Starstruck LLC and you relinquish all rights and interest in the content. Starstruck LLC reserves the right to reproduce such content, in whole or in part, on any of the Right Media Network websites or its affiliates, and to use it in any way we choose, including allowing third parties to republish the material.

By submitting anything to the Right Media Network or Starstruck LLC, you are representing that you have the legal right to give all content to us, that such relinquishment does not infringe on any third party’s rights, including but not limited to, copyright, trademark and/or privacy rights and is not libelous or unlawful in any other way.

5. Comments Terms of Use for Commenters
Right Media Networks’ commenter registration system has been designed so that, if a comment-user so chooses, they can remain completely anonymous, even to us.
In order to make our comments useful and interesting, the following guidelines have been established for comment users:
• Do not post threatening, harassing, defamatory, or libelous material.
• Do not make false or misleading statements.
• Do not use obscenities.
• Do not offer to sell or buy any product or service.
• Do not post material that infringes on any party’s copyright, trademark or privacy.
• Do not post information that you know or suspect to be confidential or sensitive or otherwise in breach of the law.
• Keep all comments relevant to the particular Right Media Network site where the comment is being posted.
• Commenters are solely responsible and liable for any and all of their comments. Starstruck LLC does not expressly or impliedly accept any responsibility or liability for the information commenters submit nor any content posted by any commenter.

Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user’s comments unless we deem them to be in violation of our Terms of Use. We cannot remove your comments simply because you have a change of heart about making them. Additionally, it is our policy not to delete comment accounts. However, Starstruck LLC reserves the right to remove comments entirely at its sole discretion, including, but not limited to, alleged violations of Terms of Service or legal rights, and we reserve the right to close comment-user accounts without notice and for any reason.

Right Media is not responsible for the content of user comments. If a third party complains that your comment violates our Terms of Use or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, in order to alert you to the situation. We will protect your contact information as described in our privacy policy, but may be compelled to turn it over pursuant to legal process.

6. Image and Video Terms of Use for Authors
Starstruck LLC sites typically display images, audio, and video (the “Material”) as part of blog posts written by independent writers (“Authors”) in their user accounts. These independent Authors are not employees, representatives, or agents of Starstruck LLC and they have no authority to represent Starstruck, LLC or enter into any contract on Starstruck LLC’s behalf.

Right Media Network is not responsible for the content of Author posts. If a third party complains that your post violates our Terms of Use or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation. We will take reasonable efforts to protect your contact information as described in our privacy policy, but may be compelled to turn it over pursuant to a legal process.

Starstruck LLC reserves the right to suspend any author-user’s writing access or close their Author account for any reason at its sole discretion.

The types of Material that Author-users are authorized to use on Starstruck LLC sites include:
• Material licensed from our photographic archive and video vendors.
• Material released into the public domain by public relations and marketing companies for press purposes.
• Reader-submitted Material, with the representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on our site(s) pursuant to section 4 of the Terms of Use
• Material published on Flickr or other public photo / video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
• Material commissioned by Starstruck LLC
• Material that is believed to be covered by the Fair Use Doctrine, approved on a case-by-case basis by the Editors(?) [we don’t want to be a publisher], taking into account factors such as:
1. The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody
2. The nature of the copyrighted work (i.e. factual or newsworthy vs creative works)
3. The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution Material used for no more than to convey the point made)
4. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)
If Starstruck LLC receives notice that Material posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove the material.

If you think we have published Material that infringes your copyright, we will address your concerns; however, if the material falls into one of the categories listed above, we believe that our use is legitimate and we will not remove it from the site.

Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/.

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!

To enable us to address your concerns, please provide the following information:
1. For each allegedly infringing image, video or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
3. For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image:
* Proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA,

OR, absent such registration,
o a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
o Evidence to support your claim that you own the copyright in the image.
We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
5. Sign the document and email to legald_AT_rightpundits_DOT_com
and mail to:
Photobucket

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

7. External Links Disclaimer
Right Media Network sites routinely contain links to external, third party websites. By providing links to other sites, Starstruck LLC does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Right Media Network site in question.

Starstruck LLC does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to Right Media Network sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

One Response to “Terms of Use”

  1. 1
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