StarStruck Brand LLC – Terms of Service

Effective Date: May 1, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (the “Terms“) constitute a legally binding agreement between you (referred to as “you” or the “User“) and StarStruck Brand LLC (including its successors, assigns, affiliates, and subsidiaries, referred to as “StarStruck,” the “Company,” “we,” or “us“). By accessing or using any website, mobile application, online service, or platform provided by StarStruck (collectively, the “Site“), or by purchasing any products or services from StarStruck, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms, as well as any other policies or guidelines referenced herein (such as our Privacy Policy). If you do not agree to all of these Terms, do not use the Site or purchase or use any StarStruck products or services.

These Terms apply to all users of the Site, including without limitation visitors, customers, and content contributors. Additional terms may apply to certain programs or offerings (such as promotional campaigns, affiliate programs, or contests), and such terms are hereby incorporated into these Terms by reference. In the event of any conflict between these Terms and any additional terms, these Terms shall govern unless expressly stated otherwise.

Acceptance of Terms and Scope of Agreement

By using the Site, creating an account, or placing an order with StarStruck, you accept and agree to these Terms and represent that you have the legal capacity to enter into this agreement. If you are using the Site on behalf of an organization or entity, you represent that you have authority to bind that entity to these Terms, in which case “you” shall refer to both the individual user and the entity. These Terms govern your access to and use of the Site and all purchases and sales of StarStruck products and services, and they define the rights and obligations of the parties. This agreement is the entire agreement between you and StarStruck regarding its subject matter, except as supplemented by any additional terms that expressly reference these Terms.

You acknowledge that these Terms are supported by valid consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes your use of the Site and the receipt of StarStruck products, services, content, and materials available on the Site. By accessing the Site or by ordering any product, you signify your acceptance of these Terms. If you do not agree, you must refrain from using the Site or ordering products. Continued use of the Site following the posting of changes (see “Changes to the Terms” below) constitutes acceptance of those changes.

Definitions

For the purposes of these Terms of Service (“Terms”), the following definitions apply. Capitalized terms used elsewhere in these Terms shall have the meanings assigned to them below, unless otherwise expressly defined:

• “StarStruck,” “we,” “us,” or “our” refers to StarStruck Brand LLC, an Arizona limited liability company, including its affiliates, subsidiaries, successors, and assigns.
• “User,” “you,” or “your” means any individual or entity who accesses, browses, uses, or makes a purchase from the Site, including but not limited to customers, visitors, account holders, influencers, affiliates, and recipients of Gifted Items.
• “Site” means the website located at www.thestarstruckcollection.com, as well as any affiliated websites, mobile applications, social media accounts, or other digital properties owned or operated by StarStruck.
• “Products” means any apparel, accessories, digital content, promotional merchandise, or other goods or services offered for sale, gifted, or otherwise made available by StarStruck.
• “Gifted Items” means any StarStruck Products provided to a recipient free of charge, whether requested, unsolicited, or distributed as part of a collaboration, influencer seeding, content campaign, brand promotion, goodwill outreach, or gifting initiative. StarStruck may provide Gifted Items to foster organic brand visibility, encourage content creation, support creative partnerships, build goodwill, or amplify public appearances of its designs. Gifted Items may be subject to additional usage terms, promotional expectations, or guidelines, which may be communicated in writing, via insert cards, or referenced in these Terms.
• “User-Generated Content” or “UGC” refers to any content (including photographs, videos, text, posts, reviews, testimonials, or other creative material) that a User voluntarily submits, uploads, publishes, tags, mentions, or otherwise shares with StarStruck, whether on the Site, via social media, or through any communication channel.
• “Appearance” means any visual depiction, photograph, video, or other media in which a person is shown wearing, displaying, or engaging with StarStruck Products, regardless of whether such content is created by the User, StarStruck, a third party, or a member of the press. This includes both voluntarily posted and unsolicited content (e.g., press, paparazzi, red carpet, event photos, or public appearances).
• “Promotional Content” means any content created or submitted to StarStruck by a User (including affiliates, influencers, ambassadors, or Clippers) in connection with a promotional arrangement, affiliate agreement, or collaboration, including photos, videos, endorsements, testimonials, or social media posts intended for marketing, advertising, or brand purposes.
• “Clippers” means any third-party creators, collaborators, affiliates, influencers, or brand ambassadors who participate in StarStruck’s promotional efforts by generating content, engaging in campaigns, or contributing Promotional Content, whether formally contracted or informally participating.
• “Third-Party Materials” refers to any content, products, websites, services, or platforms not owned or controlled by StarStruck, including any external links, social media platforms, affiliate services, or external vendors referenced on the Site.
• “Terms” or “Terms of Service” means this agreement, including all policies, guidelines, disclosures, and documents referenced herein, as may be amended or updated by StarStruck from time to time.
• “Business Days” means Monday through Friday, excluding United States federal holidays and other days on which banks in Arizona are generally closed.

Payment Terms, Deposits, and Refund/Return Policy

Pricing and Payment Terms

All prices for products and services are listed in U.S. dollars unless otherwise noted. You agree to pay all charges incurred in connection with your orders (including product prices, shipping and handling fees, taxes, and any other applicable charges) at the rates in effect when the charges were incurred. Payment must be made using a valid payment method accepted by StarStruck (such as credit card, debit card, or other designated payment providers). By providing payment information, you represent and warrant that you are authorized to use the payment method and you authorize StarStruck (or our third-party payment processor) to charge the full amount of your order to that payment method.

Order Acceptance: All orders placed through the Site are subject to acceptance by StarStruck. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. Circumstances that may result in cancellation include, but are not limited to, inaccuracies or errors in product or pricing information, suspected fraudulent or unauthorized activity, or availability issues. We may also require additional verifications or information before accepting any order. StarStruck will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order (or any part thereof) is canceled after your payment has been processed, we will issue a refund for the canceled portion to the original payment method.

Pricing Errors: StarStruck strives to describe its products accurately and update pricing correctly. However, if a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, StarStruck reserves the right to refuse or cancel any orders placed for that product. If an item’s correct price is higher than our stated price, we may (at our discretion) either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Prices and availability of products are subject to change without notice. We are not responsible for pricing, typographical, or other errors and we reserve the right to correct such errors and to charge the correct price or modify orders accordingly (with your consent if required).

Deposits and Prepayments

For certain products or services (for example, custom or personalized items, pre-orders, bulk orders, or special projects), StarStruck may require a deposit or prepayment to secure your order. Any required deposit and the terms of that deposit (e.g. amount, payment schedule, and refundability) will be communicated to you at the time of order or through a supplemental agreement. Unless otherwise specified in writing by StarStruck, all deposits are non-refundable once paid, except as expressly required by law. Deposits are applied toward the final purchase price; you remain responsible for paying the balance by the due date specified. Failure to pay any remaining balance when due may result in cancellation of your order and forfeiture of your deposit. StarStruck reserves the right to condition acceptance of any custom or high-value order on receipt of a deposit and a separate written agreement regarding specifications and terms.

If an order requiring a deposit is canceled by StarStruck (for reasons unrelated to any breach or cancellation by you), StarStruck will refund your deposit. However, if you cancel such an order (or fail to fulfill obligations necessary to complete it), StarStruck reserves the right to retain all or part of the deposit as liquidated damages for the work performed or costs incurred, to the extent permitted by law. Such retention is not a penalty but a reasonable estimate of our damages. For any questions regarding whether a deposit is required or the terms of any required deposit, please contact StarStruck before placing your order.

Returns and Refund Policy

StarStruck is committed to customer satisfaction. However, all sales are considered final unless expressly stated otherwise herein or as required by applicable law. We will honor returns and issue refunds or exchanges only under the following conditions (unless a more lenient policy is posted for a specific product or promotion):

• Return Window: You must request a return merchandise authorization (RMA) and ship the product back to us within 30 days from the date you received the product (the “Return Period“), unless a different return period is stated for a particular product. Please note: If the return period offered by StarStruck is less than sixty (60) days, this policy is hereby conspicuously disclosed per Arizona law. Returns outside the Return Period are not accepted.
• Condition of Products: Returned items must be in new, unused, and resalable condition, with all original tags, packaging, accessories, and documentation intact. We reserve the right to refuse returns of items that have been used, worn, damaged, or altered from their original condition. You are responsible for properly packaging return shipments to prevent damage.
• Non-Returnable Items: Certain items are not eligible for return or refund. These include, without limitation: final sale or clearance items, perishable or consumable goods, personalized or custom-made products, digital/downloadable products, and gift cards. Any such items will be identified as non-returnable at the time of purchase or on the product page. Additionally, any item that is designated “as-is” or “non-returnable” in its description cannot be returned.
• Return Process: To initiate a return, you must contact StarStruck customer service within the Return Period to obtain an RMA or return instructions. We will provide you with the return shipping address and any other necessary details. You are responsible for the cost of return shipping, except in cases of our error or a defective product (in which case we will provide or reimburse return shipping as appropriate). We recommend using a trackable shipping service and purchasing shipping insurance, as we are not responsible for loss or damage to products in transit to us for a return.
• Inspection and Refunds: Once returned items are received by StarStruck, we will inspect them to verify they meet the return conditions. If approved, we will process your refund to the original payment method within a reasonable time. Refunds will be for the purchase price of the returned item minus any original shipping and handling charges, except where prohibited by law. We may also deduct any applicable restocking fee if such was disclosed at purchase or is necessary to cover the cost of repackaging and restocking (restocking fees, if any, will be reasonable and disclosed in advance). If a return is not approved (e.g., the item is not eligible or does not meet conditions), we will notify you and you may choose to have the item shipped back to you at your expense.

Exchanges: At our discretion, we may allow direct exchanges for certain products (for example, exchanging for a different size or color). The same 30-day Return Period and conditions apply to exchanges. If the exchange item has a different price, we will charge or credit the difference accordingly.

Defective or Incorrect Items: If you received a defective product or an item in error (i.e., not what you ordered), you must notify us within a reasonable time (typically within 7 days of receipt) with details of the defect or error. StarStruck, at its option, will either provide a replacement at no additional charge or issue you a full refund (including any shipping costs you paid) upon return of the defective/incorrect item. We will cover return shipping for confirmed defective or mis-shipped items. This Return Policy is in addition to any limited warranties that may apply to certain products; see “Disclaimers and Limitation of Liability” below for warranty information.

We reserve the right to modify our return/refund policies at any time, but any such changes will not retroactively affect purchases that have already been made. For the most current Return Policy, please refer to the version of these Terms in effect at the time of your purchase or contact our customer service. Nothing in this policy limits any legal rights you may have under applicable law (for example, for consumers in certain jurisdictions, additional rights may apply in the case of defective goods or delayed orders).

Shipping, Risk of Loss, and Delivery

StarStruck will arrange for shipment of the products to you. Shipping and Handling: You will be responsible for paying any shipping and handling charges indicated at the time of purchase (unless a free shipping promotion or other terms apply). Any delivery dates or timeframes provided by StarStruck (whether on the Site, in order confirmations, or otherwise) are estimates only and not guaranteed. While we will make commercially reasonable efforts to deliver products within the estimated time, delays can occur due to factors beyond our control (such as carrier delays, supply chain issues, customs clearance, or force majeure events described below). Late delivery of an order will not entitle you to refuse or cancel the order or claim damages, unless otherwise provided by law. If a delay is significant, StarStruck may, at its discretion, communicate a new delivery estimate or offer options such as cancellation or substitution.

Title and Risk of Loss: All purchases of physical goods from StarStruck are made pursuant to a shipment contract. This means that title to and the risk of loss or damage to products passes to you upon our delivery of the products to the carrier (e.g., courier or postal service). Thereafter, the shipment is your responsibility, and any claims for loss or damage in transit must be made by you directly with the carrier. StarStruck will provide reasonable assistance in facilitating any such claims, but will not be liable for carrier misconduct or loss once the item is in transit, except to the extent that insurance purchased through StarStruck covers the loss. Notwithstanding the foregoing, if we have expressly agreed in writing to insure the shipment or if applicable law requires the risk to remain with the seller until delivery, then the risk of loss will pass to you upon your receipt of the products.

Delivery Address and Information: You are responsible for providing a correct and complete shipping address at the time of order. StarStruck is not responsible for packages that cannot be delivered or that are misdelivered due to inaccurate or incomplete address information provided by you. If a package is returned to us due to an address error or because it was unclaimed or refused, we may attempt to contact you for correction or re-shipment at your expense. If we cannot contact you or you fail to respond within a reasonable time, we reserve the right to treat the order as canceled and refund the product price minus any shipping fees incurred (unless the circumstances suggest fraud or abuse, in which case additional steps may be taken).

International Shipping: If StarStruck offers international shipping and you order from outside the United States, you are considered the Importer of Record. You must comply with all laws and regulations of the destination country. Additional taxes, duties, or customs fees may apply and are your responsibility unless otherwise stated. StarStruck is not liable for any delays or seizures at customs. If you refuse delivery of an international shipment, you will still be responsible for all shipping charges to and from your location and any import fees incurred by the return of goods to us.

Delivery Confirmation: Upon delivery, it is your responsibility to promptly inspect the shipment for any visible damage or missing items. Any damage in transit should be noted immediately with the carrier if possible and reported to StarStruck as soon as practicable. We may request photos or documentation of damage to assist with a claim. Any undelivered packages marked as delivered by the carrier should be reported to us within a reasonable time (typically 5 business days) so that we may assist in investigating. StarStruck may, in its sole discretion, replace or refund items that are confirmed lost or stolen after delivery, but such actions are goodwill gestures and not an admission of liability.

StarStruck reserves the right to use alternate shipping carriers or methods where appropriate to meet delivery expectations. Shipping promotions (like free shipping) may be limited to specific methods or regions. All shipping and delivery terms are subject to change, but changes will not affect orders already placed at the time of change.

User-Generated Content and Image/Likeness Licensing

StarStruck may, now or in the future, offer opportunities for users to submit, post, upload, or otherwise contribute content to the Site or to StarStruck’s online platforms (including but not limited to product reviews, comments, testimonials, photographs, videos, social media posts tagging StarStruck, or other creative materials). Any content that you (or individuals affiliated with you) submit or share through the Site or by tagging or mentioning our brand on social media (collectively, “User-Generated Content” or “UGC“) is subject to the terms and conditions of this section.

By submitting or sharing UGC, you retain any ownership rights that you have in your content, but you grant StarStruck a broad license to use that content. Specifically, you hereby grant StarStruck and its affiliates, agents, licensees, assignees, and successors a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, distribute, adapt, modify, create derivative works from, publicly perform, publicly display, and otherwise exploit your UGC, in whole or in part, in any manner or media now known or hereafter devised, for any lawful purpose, including but not limited to advertising, marketing, publicity, and promotional purposes, and in connection with the Site and StarStruck’s business (including, for example, display on our website, social media channels, email marketing, printed marketing materials, or advertisements). You also grant StarStruck the unrestricted right to use your name, image, likeness, persona, social media handle, username, profile picture, performance, or other identifying information as included in or associated with the UGC, in connection with any use of your UGC permitted by the foregoing license. You acknowledge that you will not be entitled to any compensation for any use of your UGC by StarStruck, and to the maximum extent permitted by law, you waive any moral rights or rights of attribution or integrity in your content. This means, for example, that StarStruck may decide to edit or alter the content (e.g., crop an image, add a logo, or use only a portion of your testimonial) and you will not have the right to object to such modifications, provided such modifications are not misleading or defamatory.

By submitting any UGC, you represent and warrant that: (a) you are the creator and owner of the content, or you have obtained all necessary rights, licenses, consents, and permissions to grant the licenses and rights to StarStruck as set forth in these Terms; (b) your content is original and does not infringe, misappropriate, or violate any copyright, trademark, trade secret, patent, or other intellectual property right, privacy or publicity right, or any other rights of any third party; (c) your content does not contain any personally identifiable information of any person (such as social security numbers, financial account details, etc.) other than yourself, unless you have obtained that person’s explicit consent; (d) if your content depicts or includes any other person (such as images of friends, family, minors, or the general public), you have obtained each such person’s explicit consent to be depicted in the content and for the content to be provided to StarStruck under these Terms (if such person is a minor, you have obtained consent from the minor’s parent or legal guardian); (e) your content is truthful and not deceptive or misleading, and any opinions expressed are genuinely held by you; and (f) your content complies with all applicable laws and regulations and does not contain any material that is illegal, obscene, pornographic, indecent, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or that encourages any unlawful or inappropriate conduct.

You further agree not to post or transmit any UGC that:

• Violates Law or Rights: Violates any law or infringes any third-party rights (including intellectual property and privacy rights). For example, do not post content that includes copyrighted material (like music, videos, images) owned by someone else without permission, or personal information about another person without their consent.
• Offensive or Harmful Content: Is unlawful, tortious, defamatory, libelous, harassing, threatening, hateful, invasive of another’s privacy, abusive, violent, or otherwise objectionable or harmful (as determined by StarStruck in its sole discretion). This includes content that is discriminatory or that constitutes hate speech or a personal attack.
• Commercial or Spam: Advertises or promotes products or services (other than StarStruck’s) or solicits anyone (e.g., content that is spam, junk mail, chain letters, pyramid schemes), or uses the content contribution features for any commercial purpose not approved by StarStruck.
• Malicious Code: Contains viruses, Trojan horses, malware, or any other harmful code or components that could interrupt, damage, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Misrepresentation: Intends to impersonate another person or entity or misrepresents your affiliation with a person or entity, or is otherwise fraudulent, false, or misleading.
• Improper Purpose: Involves sending unsolicited mass mailings, instant messaging, “spamming,” “phishing,” or engaging in any other activities that are intended to interfere with or disrupt the Site or the experience of other users.

StarStruck reserves the right (but not the obligation) to monitor, review, remove, or disable access to any UGC at its sole discretion, at any time, without notice, and for any reason or no reason, including if such UGC violates these Terms or is otherwise objectionable. However, StarStruck does not control and is not responsible for what users post and is not liable for any UGC. You understand that by using the Site, you may be exposed to UGC that you find offensive or inappropriate, and you use the Site at your own risk.

If you believe that UGC posted by another user violates these Terms or your rights (including intellectual property rights), you may notify us by contacting our designated agent or customer service (see our Copyright/DMCA Policy if you wish to report copyright infringement). StarStruck will take actions it deems appropriate in its sole discretion, which may include removing the offending content and terminating the accounts of repeat infringers in accordance with applicable law.

Apart from personal data (which is governed by our Privacy Policy), any UGC will be considered non-confidential and non-proprietary. StarStruck will not be liable for any use or disclosure of any UGC. You acknowledge and agree that your relationship with StarStruck is not a confidential, fiduciary, or other special relationship, and that your decision to submit any content does not place StarStruck in a position that is any different from the position held by members of the general public, including with regard to your content. No compensation will be paid with respect to the use of your UGC, as stated above.

Media Usage of Public Appearances

StarStruck Brand LLC (“StarStruck”) may, from time to time, capture or obtain photographs, videos, or other media depicting individuals – including customers, influencers, or public figures – who are wearing or otherwise visibly featuring StarStruck products (collectively, “Appearances”). StarStruck values these real-world showcases of our designs and may use such Appearances for promotional purposes in accordance with this clause. By using any StarStruck service, purchasing or accepting StarStruck products, or by voluntarily sharing/tagging content featuring StarStruck products, you hereby grant StarStruck and its affiliates a perpetual, worldwide, royalty-free, non-exclusive license, with the right to sublicense and transfer, to use, reproduce, distribute, publicly display, create derivative works from, or otherwise exploit the Appearances (including your name, image, likeness, and persona as embodied therein) for StarStruck’s marketing, advertising, publicity, public relations, and other commercial purposes, in any media or format now known or later developed. This license is granted without any obligation of notice or payment to you and is intended to be as broad as possible to protect StarStruck’s ability to showcase its products, while remaining subject to the opt-out and removal rights described below. Recipients of gifted items may also receive a printed insert reiterating this clause and instructions to opt out or contact us regarding image usage.

Opt-Out & Removal: StarStruck respects individual preferences and privacy. If you do not wish your Appearance to be used by StarStruck in this manner, you may opt out at any time by sending a written request via email to StarStruck at support@starstruckofficial.com (or such other contact designated by StarStruck). In your opt-out request, please provide sufficient information to identify the relevant media (e.g. a link or description). Upon receipt of your request, StarStruck will cease any new or further use of your Appearance in our marketing and will make commercially reasonable efforts to remove your Appearance from our online content and future materials under StarStruck’s control. (Please note that this opt-out will not apply to any materials already widely disseminated or outside of StarStruck’s control, but we will honor removal requests to the fullest extent feasible.) StarStruck may confirm your opt-out in writing and will thereafter refrain from using your image in new promotional content. Opting out will not affect any other provisions of these Terms of Service.

No Endorsement or Compensation: You acknowledge and agree that StarStruck’s use of Appearances as described herein is without any expectation of compensation or payment to you. You waive any and all claims you may have against StarStruck arising from the use of your image or likeness under this clause – including, without limitation, any claims based on rights of publicity, privacy, or any similar personal or proprietary right – and you agree that such use by StarStruck does not entitle you to any compensation or create any relationship of endorsement, sponsorship, or employment. To the maximum extent permitted by applicable law, you release StarStruck from any liability and waive any rights (including any moral rights in the content, if applicable) in connection with the editing, alteration, distortion, distribution, or other exploitation of the Appearances as authorized by this clause. You further agree that StarStruck’s use of these Appearances is intended to highlight our products in public use and is not presented as an official endorsement by you.

Community Contributions: We love seeing our fashions in the wild. If you have photos or media of yourself showcasing StarStruck products that you would like us to consider featuring, you are welcome to share them with us (e.g. by tagging @theStarStruckcollection or emailing us). By sending or tagging such content, you confirm that you have the right to do so and agree that it may be treated as an “Appearance” under this clause. Likewise, if you notice an Appearance of you on our platforms and prefer it be taken down, please contact us – we will gladly honor reasonable removal requests in line with our opt-out policy. StarStruck is committed to working collaboratively and respectfully with our community, ensuring that our use of public Appearances remains both inspiring and considerate of individual rights.

Clippers, Affiliates, and Content Rights for Promotional Media

StarStruck values its community of brand ambassadors, affiliates, and content creators (including any participants in our “Clippers” program or similar initiatives). This section describes additional terms that apply to individuals or entities who collaborate with StarStruck in promotional activities, whether formally as part of an affiliate/ambassador program or informally by creating promotional content featuring StarStruck products or brand elements.

If you are an affiliate, influencer, ambassador, or “Clipper” who has agreed (whether by contract or through participation in a StarStruck promotion) to create or share content for marketing or promotional purposes, then in addition to the User-Generated Content terms above, the following terms apply:

• License of Promotional Content: Any photographs, videos, recordings, testimonials, reviews, social media posts, or other content (collectively, “Promotional Content“) that you create or share at our request, on our behalf, or in collaboration with us, or that you submit to us as part of a promotion or affiliate program, shall be subject to an exclusive or non-exclusive license as determined by the specific program terms. Unless otherwise agreed in writing, you hereby grant StarStruck a perpetual, worldwide, royalty-free license to use, reproduce, publish, distribute, display, edit, adapt, and create derivative works from such Promotional Content for any marketing, advertising, publicity, or other commercial purposes, in any media (including on the Site, in paid advertising, in-store displays, print materials, etc.), without further notice or compensation to you. This license includes the right for StarStruck to sub-license the Promotional Content to its partners or agents (for example, to media outlets or advertising partners) solely for the purpose of promoting StarStruck’s products or brand. StarStruck acknowledges that you retain ownership of your content (unless separate work-for-hire or assignment terms are agreed), but you agree that any exercise of your rights in the content shall not interfere with the rights you granted to StarStruck.
• Name and Likeness: You agree that StarStruck may use your name, likeness, social media username/handle, biographical information, or other personal indicia in connection with the use of the Promotional Content. For instance, we may credit you by name or username, tag you in social posts, or reference your role as a collaborator. You waive any right of approval of such use and release StarStruck from any claims (including claims for compensation, defamation, rights of privacy or publicity, or moral rights) arising out of the use of your name, image, or likeness as contemplated by this section.
• Affiliate Compensation and FTC Compliance: If you are participating in a program where you receive any form of compensation, incentives, or free products from StarStruck in exchange for creating content or referring customers (e.g., an affiliate link or discount code program), you are responsible for complying with all applicable laws and regulations regarding endorsements and testimonials. This includes the U.S. Federal Trade Commission (FTC) guidelines which require that material connections between advertisers and endorsers be clearly and conspicuously disclosed. You agree to clearly disclose your relationship with StarStruck in each piece of content you create (for example, by stating “#ad” or “#sponsored” or other disclosure language as appropriate to the platform) when posting on social media or other channels. StarStruck reserves the right to monitor your compliance with disclosure requirements and to terminate your participation or require edits to your content if we believe you are not complying. You further agree to indemnify StarStruck for any liabilities, including legal fees, that arise from your failure to include proper disclosures or otherwise comply with endorsement guidelines or other laws in your promotional posts (this is in addition to the general indemnification clause in these Terms).
• Quality and Conduct: StarStruck may provide you with brand guidelines, messaging points, or other instructions for creating Promotional Content. You agree to adhere to any such guidelines and to present StarStruck and its products in a positive and factual light. You will not make any claims about StarStruck products that are not approved or substantiated by us (for example, health or performance claims that have not been verified). If you become aware of any negative or harmful information regarding StarStruck while you are collaborating with us, you agree to promptly inform your StarStruck contact.
• No Agency: Unless explicitly stated in a separate agreement, you are an independent contractor and not an employee, agent, or representative of StarStruck. You have no authority to bind StarStruck in contracts or make representations on behalf of StarStruck beyond what is authorized in writing. StarStruck will not be liable for any statements or actions you make that are not in line with our provided guidelines or these Terms.
• Termination of Affiliate/Clipper Status: StarStruck reserves the right to terminate or suspend your participation in any affiliate, ambassador, or promotional content program at any time, with or without cause. Upon termination, you must cease representing yourself as affiliated with StarStruck and cease use of any StarStruck-provided affiliate links or promotional codes. However, the content license and name/likeness rights you granted to StarStruck for any already-created content shall continue indefinitely, and StarStruck may continue to use content you provided unless otherwise agreed in writing.

This section is intended to supplement, not replace, any specific affiliate program agreement or release that you may have entered into with StarStruck. In the event of a direct conflict between this section and a separate signed agreement with you, the separate agreement will control to the extent of that conflict. However, your obligations regarding legal compliance (such as FTC disclosures) and the broad license to use content will always apply unless the separate agreement provides StarStruck even greater rights (in which case those greater rights are preserved). We appreciate the contributions of our affiliates and content partners, and these provisions are in place to protect both you and StarStruck in our collaborative efforts.

Intellectual Property Ownership and Use Restrictions

All content and materials on the Site, and all StarStruck products and associated marketing, are protected by intellectual property laws. StarStruck’s Intellectual Property: Except for User-Generated Content provided by users, all content on the Site (including, but not limited to, text, graphics, logos, button icons, images, photographs, videos, audio clips, data compilations, software, and the compilation and arrangement thereof) is the property of StarStruck Brand LLC or its licensors or content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Site’s design, look and feel, and all software or code underlying the Site are also either StarStruck’s property or used under license. All trademarks, service marks, logos, slogans, trade names, and trade dress (collectively, “Marks“) displayed on the Site or on StarStruck products are proprietary to StarStruck or its licensors. This includes “StarStruck”, the StarStruck logo, and any product or campaign-specific marks. No rights or licenses in any of the foregoing intellectual property are granted to you by implication, estoppel, or otherwise, except as expressly provided in these Terms.

Limited License to Use Site

Subject to your compliance with these Terms, StarStruck grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Site and its content for the purpose of learning about and/or purchasing StarStruck’s products or using our services. This license does not allow you to: (a) resell or make commercial use of the Site or its content; (b) copy, reproduce, distribute, publicly perform or display, or create derivative works of the Site or any content on it (except for caching or as necessary to view content on the Site); (c) use any meta tags or any other “hidden text” utilizing StarStruck’s name or trademarks without our express written consent; or (d) reverse engineer, decompile, or otherwise extract or attempt to extract the source code of any software (including any mobile app or website feature) or other technology on the Site. Any use of the Site or content that is not expressly authorized herein is strictly prohibited and will automatically terminate the license granted herein.

You must not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained on the Site or in any content (including any digital watermarks or other identifiers we may include with downloadable content). If you print, copy, or download any content from the Site in breach of these Terms, you must immediately cease use and destroy any copies of the content. StarStruck reserves all rights not expressly granted to you in these Terms.

Prohibited Uses of the Site

For the protection of our brand and community, you agree that you will NOT use the Site (including any interactive features or content upload functions) or any of StarStruck’s content or intellectual property in the following ways or for any of the following purposes:

1. Unlawful Activity: You will not use the Site for any purpose that is illegal or prohibited by these Terms. You will not violate any applicable federal, state, local, or international law or regulation while using the Site (including, without limitation, any laws regarding export of data or software, consumer protection, unfair competition, anti-discrimination, false advertising, or privacy).
2. Intellectual Property Infringement: You will not use, display, or reproduce any StarStruck content, Marks, or other intellectual property in any manner not expressly allowed by StarStruck. This means, for example, you will not copy product images or descriptions from our Site for use on another website or marketplace without permission, and you will not create any materials (such as websites, logos, or graphics) that make use of or could be confused with StarStruck’s name or logos. Also, you will not upload or transmit any content on the Site that infringes any third party’s intellectual property or proprietary rights.
3. Interference and Hacking: You will not engage in any conduct that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. This includes not employing any device, software, or routine (like viruses, bots, worms, or logic bombs) that interferes with the proper working of the Site or any transaction being conducted on the Site. You agree not to attempt to gain unauthorized access to any portion or feature of the Site, other accounts, computer systems, or networks connected to the Site, or to any server used by StarStruck, by hacking, password “mining,” or any other illegitimate means.
4. Automated Access and Scraping: You will not use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Site or to extract data. The collection or harvesting of any personal information from the Site (including account names or email addresses) by automated means is strictly prohibited.
5. Misrepresentation and Fraud: You will not impersonate or attempt to impersonate StarStruck, a StarStruck employee, another user, or any other person or entity (including, for example, by using email addresses or screen names associated with any of the foregoing). You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to StarStruck or through the Site. You will not engage in fraudulent behavior, such as placing orders with false information or under someone else’s identity, claiming false warranty issues, or seeking refund or exchange under false pretenses.
6. Abusive Behavior: You will not harass, threaten, bully, stalk, or defame any person or entity via or on the Site. You will not post or send any harmful, obscene, discriminatory, or otherwise objectionable content or communication to StarStruck or other users. This includes refraining from using profanity or slurs in reviews or communications.
7. Advertising or Commercial Solicitation: You will not use the Site to advertise or promote any product or service that is not provided by StarStruck, nor will you solicit others (users or StarStruck staff) to join or contribute to any enterprise without StarStruck’s prior written permission. The Site is for your personal use in obtaining information about StarStruck and making purchases for your personal needs, and may not be used to conduct surveys, contests, pyramid schemes, or chain letters, or to send mass unsolicited messages (spam).
8. Data Mining and Use of Content: You will not systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from StarStruck. You will not use any content of the Site for any commercial use without our express written consent, including any use of product listings, descriptions, or prices, or any derivative use of the Site or its contents (e.g., framing, linking to, or mirroring the Site, or posting our content on third-party platforms like social media or blogs, except as features on our Site may enable such sharing).
9. Reverse Engineering and Security Testing: You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Site or any of its technologies. You will not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
10. Unauthorized Use of Accounts: If accounts or profiles are provided for certain features (such as user accounts for shopping or commenting), you will not share your account credentials with others or allow others to access the Site through your account. You will be responsible for all activities that occur under your account (see “Account Security” below if applicable). You will not attempt to access or use another user’s account without authorization.

Violation of any of the above may result in immediate termination of your right to use the Site (among other potential consequences), and may expose you to civil or criminal liability. StarStruck will cooperate fully with law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone engaging in prohibited conduct.

Feedback and Suggestions

We welcome and appreciate feedback, comments, and suggestions for improvements to our products or the Site (“Feedback“). However, if you provide Feedback to StarStruck, you acknowledge that the Feedback is not confidential and you grant StarStruck a worldwide, perpetual, irrevocable, sublicensable, transferable license to use, incorporate, or otherwise exploit the Feedback for any purpose without any obligation to compensate you. This means StarStruck may use any idea or suggestion you submit (such as ideas to improve a product line or enhance a website feature) in any manner and via any medium, now known or later developed, without limitation. Do not send us any Feedback that you expect to be paid for or that you consider proprietary or confidential.

Disclaimers and Limitation of Liability

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARSTRUCK PROVIDES THE SITE, ITS CONTENT, AND ALL PRODUCTS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED. STARSTRUCK AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STARSTRUCK OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Without limiting the foregoing, StarStruck does not guarantee or warrant that: (a) the Site will be secure, uninterrupted, error-free, or free of viruses or other harmful components; (b) any information provided on the Site (including product descriptions, pricing, or availability) is accurate, complete, or current – although we strive to correct errors and update information promptly; (c) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations or requirements; or (d) any defects in the Site or products will be corrected (although we aim to address issues and provide support as described in these Terms or any applicable warranty).

Products and Other Disclaimers: Any StarStruck product that you purchase may be accompanied by its own documentation, specifications, or limited warranty (for example, if a product has a manufacturer’s warranty or care instructions, those will apply in addition to these Terms). Except as expressly set forth in a specific product warranty document provided by StarStruck, we make no additional warranties regarding the products. StarStruck does not warrant that the products will be fit for your particular purpose or that they will be free from defects, but we will honor our Return Policy and any applicable warranties as required by law. You assume all risk for any damage to your computer system or device or loss of data that results from downloading or accessing any content from the Site (for example, we are not responsible for any malware that might affect your device, so please ensure you have appropriate security protections).

Certain state laws (including Arizona law and other state consumer protection laws) may not allow limitations on implied warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties will be limited to the minimum duration required by applicable law, and some exclusions may not apply. No oral or written information provided by StarStruck shall create any warranty not expressly stated in these Terms.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STARSTRUCK BRAND LLC OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF (OR INABILITY TO ACCESS OR USE), THE SITE OR ANY STARSTRUCK PRODUCTS OR SERVICES, EVEN IF STARSTRUCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In particular, and without limiting the generality of the foregoing, StarStruck and related parties will not be responsible or liable for:

• any personal injury or property damage arising from the use of any StarStruck product, except as explicitly required by law (you use products at your own discretion and risk, and should observe all product usage instructions and safety guidelines);
• any unauthorized access to or use of our servers and/or any and all personal information or financial information stored therein (see “Data Security” below for additional terms on this, including our limitation of liability for data breaches);
• any interruption or cessation of transmission to or from the Site, and any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Site by any third party;
• any errors or omissions in any content (including pricing, textual or photographic errors), or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site; and
• the defamatory, offensive, or illegal conduct of any third party (including other users) and the risk of harm or damage from the foregoing rests entirely with the user.

Maximum Liability: To the extent that any liability is not legally excludable, in no event shall the total liability of StarStruck and its affiliates (collectively) to you for all claims arising out of or relating to these Terms or your use of the Site or products (whether in contract, tort, strict liability, or any other legal theory) exceed the amount actually paid by you to StarStruck for the product or service that is the subject of the claim, or one hundred U.S. dollars ($100), whichever is greater. If the claim does not relate to a product or service for which you paid (for example, you are a Site visitor who has not made a purchase), then StarStruck’s total liability for all damages shall not exceed $100.

Because some jurisdictions (including certain states) do not allow the exclusion or limitation of certain damages (such as incidental or consequential damages), the above limitation may not apply to you. In such jurisdictions, StarStruck’s liability will be limited to the fullest extent permitted by law. These limitations are a fundamental part of the bargain between you and StarStruck and shall apply to all claims of liability (for example, they apply to claims for breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts). You agree that the limitations and exclusions of liability and warranty in these Terms are fair and reasonable based on the prices for products and services and in light of the ability for you to take precautions to avoid damages (such as through proper use of products and appropriate data backup measures).

If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site. This limitation of relief is a part of the bargain between the parties.

Data Security and Limitations of Liability for Breaches

StarStruck takes data security and privacy seriously and employs reasonable measures designed to protect your personal information from unauthorized access or disclosure. However, we do not and cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your information for improper purposes. You acknowledge that any personal information you provide to us (through the Site or otherwise) is provided at your own risk. For details on how we collect, use, and protect your personal information, please review our Privacy Policy (incorporated herein by reference).

While StarStruck will comply with all applicable laws in the event of a data breach (including any required notifications to you and authorities), to the fullest extent permitted by law we shall not be liable for any damages of any kind arising from or related to the unauthorized access to, or alteration, theft, destruction or disclosure of, your data or communications. This includes, without limitation, any unauthorized access or use of your account, any interruption, suspension, or termination of access to the Site, or any bugs, viruses, Trojan horses, or other elements introduced by third parties.

If a breach of security occurs, StarStruck may post a notice on the Site or notify you via email or other means (if we have your contact information) so that you can take appropriate protective steps. It is important that you also protect yourself – including by maintaining the confidentiality of any login credentials for your account on our Site (if applicable). You are responsible for all activity on your account, so please use a strong password and do not share it. StarStruck will never ask you for your password via email, phone, or text. If you suspect any unauthorized activity on your account or a potential security vulnerability on the Site, notify us immediately.

In summary, while we strive to protect your information, you agree that your use of the Site and provision of information is at your own risk, and StarStruck disclaims liability for any security incidents to the maximum extent allowed. If applicable law imposes any non-disclaimable duty on us (for example, a duty to protect certain sensitive information), you agree that intentional misconduct will be the standard for measuring our compliance with that duty.

Indemnification by Users

You agree to defend, indemnify, and hold harmless StarStruck Brand LLC, its parent, subsidiaries, and affiliates, and their respective officers, directors, managers, members, employees, contractors, agents, licensors, partners, and suppliers (collectively, the “Indemnified Parties“), from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your violation of these Terms or any policies referenced herein; (b) your use of the Site or StarStruck products in violation of any law, regulation, or third-party rights; (c) any content you submit or contribute (including User-Generated Content or Promotional Content) that infringes or allegedly infringes any intellectual property, privacy, or other rights of any person, or that is defamatory or otherwise results in harm or damage to a third party; (d) your breach of any representation or warranty made by you under these Terms (such as the representations regarding UGC or your compliance with affiliate disclosure laws); (e) any negligent, wrongful, or unlawful conduct by you or by any person accessing or using your account or the Site using your credentials; or (f) any dispute between you and any third party, such as a carrier, payment processor, other users, or a social media platform, arising in connection with your use of the Site or StarStruck products.

StarStruck reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which event you will fully cooperate with StarStruck in asserting any available defenses). This obligation shall not be construed to deny any legal rights or remedies that may be available to StarStruck or other Indemnified Parties. You agree not to settle any such matter without the prior written consent of StarStruck.

Your indemnification obligations survive any termination of your account or these Terms. StarStruck will use reasonable efforts to notify you of any such claim or demand that it becomes aware of and believes to be covered by this indemnification provision. This indemnity is intended to apply to the fullest extent permitted by applicable law. If any indemnified claim falls under a form of strict liability, you agree that your obligations under this section shall apply regardless of fault.

Arbitration and Class Action Waiver

Please read this section carefully. It requires you to arbitrate disputes with StarStruck and limits the manner in which you can seek relief from us, unless you opt out as provided below (if an opt-out is provided).

Arbitration Agreement

By agreeing to these Terms, you and StarStruck agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any products or services sold or distributed by StarStruck, or the relationship between you and StarStruck (each a “Dispute” and collectively “Disputes“), exclusively by binding arbitration rather than in court, except that you and StarStruck each retain the right: (i) to bring an individual action in small claims court if it qualifies; and (ii) to seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, or patents). This Arbitration Agreement is intended to be broadly interpreted. The Federal Arbitration Act and federal arbitration law (including 9 U.S.C. §§ 1–16) govern the interpretation and enforcement of this arbitration agreement, and the parties acknowledge that this agreement evidences a transaction in interstate commerce.

Arbitration Procedure: Arbitration shall be administered by the American Arbitration Association (AAA) (or a similar reputable arbitration provider if AAA is unavailable) under its Consumer Arbitration Rules (or if you are not an individual consumer, the Commercial Arbitration Rules) in effect at the time a demand for arbitration is filed. You can find AAA’s rules at www.adr.org or by calling AAA. If the AAA is not available and the parties cannot agree on a substitute, a court of competent jurisdiction will select the arbitration provider or arbitrator.

The arbitration will be conducted by a single, neutral arbitrator. If the parties cannot agree on who the arbitrator will be, then the arbitrator will be appointed by the AAA (or the court, if applicable) in accordance with the applicable rules. The arbitration may be conducted via telephone or video conference for matters not requiring in-person appearances. If an in-person hearing is required, the location of the arbitration hearing shall be Phoenix, Arizona, unless otherwise required by applicable law or unless you and StarStruck agree otherwise. You and StarStruck may also choose to have the arbitration conducted solely on written submissions, subject to the arbitrator’s discretion to require an oral hearing if the interests of justice so demand.

Arbitration Fees and Law: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will abide by the AAA’s rules to ensure the costs of arbitration are not prohibitive for consumers; in certain cases (at AAA’s direction or the arbitrator’s decision), StarStruck may pay a portion of your arbitration fees. Each party will bear its own attorneys’ fees and costs in arbitration unless the arbitrator finds that a claim or defense was frivolous or brought in bad faith, or if the arbitrator is authorized by law or the AAA rules to award the prevailing party some or all of its legal fees. The arbitrator shall apply Arizona law (as provided in the “Governing Law” section below) to the merits of each claim or dispute, and shall have the power to award any relief that a court could award under law, but the arbitrator may not award declaratory or injunctive relief benefiting anyone other than the parties to the arbitration. The arbitrator’s decision shall be final and binding, and judgment on the arbitral award may be entered in any court having jurisdiction.

Opt-Out Right: At this time, StarStruck does not provide a routine opt-out mechanism for this Arbitration Agreement, as it is integral to our resolution of disputes. However, if you are a new user of the Site, you may reject and opt-out of this arbitration agreement by sending us written notice of your decision within thirty (30) days of first accepting these Terms, in the manner directed in our contact information below. Such notice must clearly state your intent to opt out of arbitration. If you opt out, or if this arbitration agreement is found unenforceable by a court of competent jurisdiction, any disputes shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you and StarStruck consent to venue and personal jurisdiction there.

Enforceability: This arbitration agreement shall survive any termination of your relationship with StarStruck. If any portion of this arbitration agreement (other than the Class Action Waiver below) is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision shall be severed from these Terms; (2) the severance of the provision shall have no impact whatsoever on the remainder of the arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis under the arbitration agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims shall be litigated in the state or federal courts in Maricopa County, Arizona, and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Class Action Waiver and Jury Waiver

Class Action Waiver: You and StarStruck agree that any Dispute is personal to you and the Company, and that any Dispute shall be resolved solely through individual arbitration or action and shall not be brought as a class arbitration, class action, or any other type of representative proceeding. To the fullest extent permitted by law, you and StarStruck expressly waive any right to pursue or participate in any class or collective action or to have any Dispute heard as a class action, representative action, collective action, or by joinder with claims of any other person or entity. The arbitrator has no authority to consider or resolve any Dispute or issue any relief on any basis other than an individual basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

Waiver of Jury Trial: You and StarStruck also hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and StarStruck are instead electing to have Disputes resolved by arbitration (except as otherwise provided in the Arbitration Agreement), and are waiving the right to a trial by jury for all claims. You acknowledge that this waiver is a material inducement to enter into this agreement.

Limited Exceptions: In the event this Class Action Waiver is deemed invalid or unenforceable, neither party is entitled to arbitration; instead, all Disputes will be resolved in a court as set forth above. Similarly, if a claim is brought seeking public injunctive relief and a court determines that the restrictions in this Class Action Waiver or elsewhere in the Arbitration Agreement prevent the court from awarding such relief, then the arbitration agreement may be severed as to that claim or portion of claim, and that claim or portion (and only that) may proceed in court, subject to the right to appeal the court’s decision. In any case in which the Class Action Waiver is deemed unenforceable, the parties agree that any class or representative claims shall be litigated in the courts of Maricopa County, Arizona (with the remaining provisions of Section “Governing Law and Jurisdiction” applying), and not as a class or representative arbitration.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND STARSTRUCK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION to the maximum extent permitted by law.

Governing Law and Jurisdiction (Arizona)

These Terms and any separate agreements or policies incorporated herein (and any disputes arising out of or related thereto, including any tort or statutory claims) shall be governed by and construed in accordance with the laws of the State of Arizona, United States of America, without giving effect to any conflict of laws principles that would cause the laws of any other jurisdiction to apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or any sales of products hereunder and is expressly disclaimed.

Subject to the Arbitration Agreement above (which provides for binding arbitration of most disputes), you and StarStruck agree that any non-arbitrable lawsuits or court proceedings (for example, if you validly opt out of arbitration or a claim falls outside the scope of the arbitration agreement) shall be exclusively brought in the state courts of the State of Arizona sitting in Maricopa County, Arizona, or the United States District Court for the District of Arizona (Phoenix Division). You and StarStruck consent to the exclusive jurisdiction and venue of such courts and waive any objection that such courts represent an inconvenient forum. You further agree to waive any objection to the exercise of jurisdiction over you by such courts, and to not plead or claim that any litigation brought there has been brought in an inconvenient forum.

Notwithstanding the foregoing, StarStruck shall be entitled to seek injunctive or other equitable relief in any jurisdiction worldwide (including outside of Arizona) in order to protect its intellectual property and confidential or proprietary information. In other words, our designation of Arizona law and courts for disputes will not prevent us from applying for a court order in another jurisdiction if necessary to protect our IP rights or to enforce an arbitration award, for example.

If you are accessing the Site from a location outside of the United States, you are responsible for compliance with local laws, if and to the extent local laws are applicable. However, by using the Site or ordering products, you explicitly agree that (to the maximum extent legally permissible) all claims or matters shall be governed by Arizona law, and that either the arbitration or (if applicable) court litigation shall be under Arizona law and jurisdiction as set forth above. This governing law section is subject to any rights you may have under mandatory consumer protection laws; if by law certain consumer protections of your state of residence (or country, if outside the U.S.) cannot be waived or superseded by contract, then those protections remain in force.

Termination Rights

Termination by StarStruck: StarStruck reserves the right, in its sole discretion, to terminate, suspend, or restrict your account or your access to all or part of the Site at any time and for any or no reason, with or without notice to you. For example, we may suspend or terminate your use if we believe you have violated these Terms, if you engage in an unauthorized or fraudulent use of the Site or products, if you fail to pay any amounts due, or if we discontinue the Site or offerings. We shall not be liable to you or any third party for any such termination of your access to the Site or your account. If we terminate your account, you remain obligated to pay any outstanding fees or charges (if applicable) incurred prior to termination, and any provisions of these Terms which by their nature should survive termination (such as arbitration agreement, indemnities, limitations of liability, etc.) shall continue to apply.

Termination by You: You have the right to stop using the Site at any time. You may also request deletion of your account (if any) by contacting us. Termination of your account will not relieve you of any obligation to pay any outstanding fees or charges, or to perform any other obligations incurred prior to termination. Upon termination, your right to use the Site and any licenses granted to you in these Terms will immediately end.

Effect of Termination: Upon any termination of these Terms (whether by you or by StarStruck), you must promptly cease all use of the Site and any content obtained through it, and you must destroy any copies of Site materials that you have downloaded or otherwise possess. StarStruck may, in its discretion, delete or deactivate your account, block your email and IP addresses or otherwise terminate your ability to use the Site. You agree that StarStruck shall not be liable to you or any third-party for any termination of your access to the Site or to any information or files, and shall not be required to make such information or files available to you after any termination.

Survival: All provisions of these Terms which by their nature should survive termination (including, without limitation, ownership of content, licenses granted by you, warranty disclaimers, indemnities, limitations of liability, dispute resolution provisions, and general provisions) shall survive the termination or expiration of this agreement for any reason. Termination of the Terms shall not affect any rights or obligations that accrued prior to the termination.

Force Majeure

StarStruck shall not be liable for any delay or failure to perform its obligations (including processing or shipping orders, or making the Site available) if such delay or failure results from circumstances or causes beyond its reasonable control. Such circumstances include, but are not limited to:

• Acts of God or Nature: Earthquakes, fires, floods, hurricanes, storms, or other natural disasters and extreme weather events.
• War and Civil Unrest: Acts of war, declared or undeclared, armed conflicts, civil disturbances, riots, insurrections, rebellions, or revolutions; terrorist threats or acts.
• Government Action: Government laws, ordinances, regulations, embargoes, sanctions, or orders (whether valid or invalid); expropriation or requisition; government shutdowns; changes in legal or regulatory conditions that materially affect the ability to operate.
• Public Health Events: Epidemics, pandemics, outbreaks of infectious disease (including but not limited to COVID-19 and any associated governmental restrictions like quarantines or travel bans), or other public health crises.
• Labor and Supply Disruptions: Strikes, lockouts, labor disputes or shortages (whether involving our workforce or others); inability to secure materials, supplies, fuel, or transportation; significant supply chain disruptions or raw material shortages; breakdown of plant or machinery.
• Utilities and Communications Outages: Interruption or failure of telecommunication or digital transmission links, internet failures, power outages or shortages, failure of any public utility, or inability to procure adequate power, fuel or materials.
• Other Unforeseen Events: Any other events, conditions, or causes beyond the reasonable control of StarStruck, whether similar or dissimilar to the foregoing, that prevents or hinders StarStruck’s performance.

During the existence of any force majeure event, StarStruck’s obligations under these Terms that are affected by the event will be suspended to the extent and for the duration that performance is prevented by the event. StarStruck will use reasonable efforts to mitigate the effects of the force majeure and to resume full performance as soon as practicable. However, StarStruck shall not be obligated to resolve any labor strike or dispute except on terms it finds acceptable in its sole discretion.

If a force majeure event continues for an extended period (e.g., more than 60 days), StarStruck may, at its option, cancel any affected orders or terminate any obligations that cannot be performed due to the event, without liability, by providing notice to you. Any refunds due as a result of such cancellation will be handled in accordance with our refund policy, excluding any expenses already incurred by StarStruck which cannot be recovered.

This clause does not excuse your obligation to pay for products already shipped or services already provided.

Communications Consent

By using the Site, creating an account, or placing an order, you consent to receive communications from StarStruck electronically (for example, via email, or by notices posted on the Site). You agree that any such communications, including notices, agreements, disclosures, order updates, billing statements, and other information, that we send to you electronically satisfy any legal requirement that such communications be in writing. You should maintain copies of electronic communications from us for your records.

Email and Text Messages: You consent to us using the contact information you have provided (including your email address and telephone number) to send you information related to your orders, your account, and the Site, as well as promotional communications about new products, special offers, or other updates, in accordance with applicable law. For example, after you place an order, we will send you emails regarding order confirmation, shipping status, and post-purchase follow-up (these are transactional or relationship messages which are not optional except by canceling your order). We may also send you our newsletter or marketing emails if you have not opted out of such communications. If you provided a mobile phone number, we may send you transactional SMS messages (such as delivery notifications or verification codes) or, if you separately opt-in where required, marketing/promotional text messages.

Opt-Out: You may opt out of receiving promotional emails from us at any time by using the unsubscribe link in the email or by contacting us. You may opt out of text messages by following the instructions provided (for example, by texting “STOP” to any message you receive from us, or as otherwise directed). Please note that even if you opt out of marketing communications, we may still send you transactional or service-related messages (such as order updates, account alerts, or responses to your inquiries) as these are not subject to opt-out.

Autodialing and Recorded Calls: By providing your phone number, you consent to receive communications (including calls and texts) from or on behalf of StarStruck at that number, including via automatic telephone dialing systems or prerecorded/artificial voice messages, for both informational and promotional purposes. You understand that consent to receive telemarketing calls or texts is not a condition of purchase and that you may opt out of such calls or texts as described above. Standard telephone minute and text charges may apply if you receive communications on your mobile device. If you have any questions about your communication preferences or if you need to update your contact information, please contact our customer service.

StarStruck may also deliver notices to you by mail at the address you provided, by courier, or by facsimile if provided. You agree to keep your contact information up-to-date and accurate so that we can reach you in case of need. If you fail to do so, StarStruck will not be liable for any failure to notify you.

Age Restrictions

The Site and the services it offers are intended for use by adults. By accessing or using the Site or purchasing products from StarStruck, you represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction, if higher than 18) and are fully able and competent to enter into and comply with these Terms. If you are under 18 (or the age of legal majority), you may use the Site only with the involvement and consent of a parent or legal guardian. StarStruck does not knowingly solicit or collect information from children under 13, and the Site is not directed to children under 13. If you are under 13 years old, do not use the Site or provide any personal information.

Parents and guardians should supervise the activities of minors on the internet. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will promptly delete that information. If you are a parent or guardian and believe your child under 13 has provided personal information to us, please contact us so we can take appropriate action.

Even for users over 13, if you are between 13 and 17 years old, by using the Site you certify that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. StarStruck reserves the right to ask for verifiable parental consent or proof of age at any time to ensure compliance with this provision.

Certain products or services offered by StarStruck might have their own specific age restrictions or eligibility requirements (for example, a giveaway contest might require participants to be 21 or older). Any such additional age or eligibility requirements will be stated in the relevant official rules or product description, and by participating or purchasing you represent that you meet those requirements.

If it is brought to our attention that someone using the Site is under 18 without appropriate consent or is otherwise in violation of this section, we may terminate that user’s access. We disclaim all liability for use of the Site by individuals who do not meet the age requirements.

Third-Party Links and Disclaimers

The Site may contain links to third-party websites or resources, or references to third-party products, services, or content (collectively, “Third-Party Materials“). These Third-Party Materials are provided for your convenience and informational purposes only, and not as an endorsement or approval by StarStruck of the content on such third-party sites or resources. StarStruck has no control over and does not guarantee: (a) the content, offerings, or practices of any third parties or third-party websites (even if they are linked to from our Site), or (b) the quality, accuracy, reliability, or completeness of information contained on third-party websites. Your use of any Third-Party Materials is entirely at your own risk.

For example, our Site might include links to social media platforms (such as Instagram, YouTube, TikTok, or Facebook) to allow you to share content or follow us. If you click those links, you will be subject to the terms and privacy policies of those platforms, which differ from ours, and it is your responsibility to review them. Similarly, if our Site displays information about third-party services (like an embedded video from YouTube, or a review of our product by an independent blogger), StarStruck is not responsible for any such content or any actions you take in reliance on it.

Disclaimer of Liability for Third Parties: StarStruck expressly disclaims any and all responsibility for any Third-Party Materials. Under no circumstances will StarStruck be liable for any losses, damages, or other liabilities incurred as a result of your use of any Third-Party Materials, including any reliance on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from such linked websites or resources. You should direct any concerns regarding any external link to the administrator of the third-party site in question.

Third-Party E-Commerce or Payment Services: If the Site provides opportunities to purchase third-party products or services, or if you leave the Site to complete a transaction with a third-party (for example, if a certain collectible item is sold by a third-party partner, or if you use a financing option provided by a third-party lender via our checkout), any such transaction is solely between you and the third party. StarStruck is not a party to such transactions and will not be responsible for any issues arising from them (such as shipping problems, billing disputes, product defects, recalls, etc. for third-party products). You release StarStruck from any claims or liability arising from such transactions.

Affiliate Links: If StarStruck ever provides links to third-party products or services and receives any commission or referral fee (i.e., affiliate links), we will strive to disclose that relationship. However, as noted above, any such relationship does not make us responsible for those third-party products or services.

App Stores and Platforms: If you download any mobile app for StarStruck from a third-party app store (like Apple App Store or Google Play), please note that the app store provider is not responsible for any support or maintenance of the app and has no warranty obligation whatsoever. You must comply with all applicable third-party terms of service when using the app (e.g., Apple’s App Store Terms of Service). The app store provider (and its subsidiaries) are third-party beneficiaries of these Terms and upon your acceptance of these Terms, will have the right to enforce these Terms against you as a third-party beneficiary thereof (this applies, for instance, to Apple for an iOS app).

In summary, use your own independent judgment when interacting with any third-party content or sites. If you have any questions about whether something is provided or endorsed by StarStruck, feel free to contact us for clarification.

Legacy Claims and Transition of Liability

StarStruck Brand LLC is a newly established entity as of the Effective Date of these Terms. In the event that you have interacted with an earlier version of our Site or with a predecessor entity or brand prior to this Effective Date, the following provisions apply:

• Prior Agreements Superseded: These Terms supersede and replace any prior terms of service, terms and conditions, or similar agreements that may have governed the use of the Site or the purchase of products under any former branding or ownership of StarStruck’s business. As of the Effective Date above, all use of the Site and purchases of products are exclusively governed by the then-current Terms of Service issued by StarStruck Brand LLC. Any promises or representations made in any prior terms or by any prior owners or operators that are not contained in these Terms are no longer binding.
• No Assumption of Previous Liabilities: StarStruck Brand LLC is not responsible for any obligations, liabilities, or claims arising from events occurring before the formation of StarStruck Brand LLC or outside the scope of the agreements in effect at the time of those events. If, for example, you had a dispute or claim against a predecessor company or under an earlier set of terms, and that dispute was not resolved or was not known to StarStruck at the time of a transition, StarStruck Brand LLC does not assume liability for such “legacy” claim except to the extent required by law or explicitly agreed by StarStruck in writing. By continuing to use the Site or doing business with StarStruck after any business transition or ownership change, you agree to release StarStruck Brand LLC from any such legacy claims or demands to the fullest extent permitted by law.
• Business Transitions: In the event StarStruck undergoes a business transition in the future (such as a merger, acquisition, corporate reorganization, or asset sale), we reserve the right to transfer or assign your information and this agreement to the successor entity. These Terms will continue to apply unless and until they are updated or replaced by terms issued by the successor. The “Legacy Claims” concept will similarly apply: the new entity will generally not be responsible for liabilities incurred by StarStruck prior to the date of the transition, other than those it expressly assumes or which transfer by operation of law.
• Continuity of Service: If there is a period of transition between a prior entity and StarStruck Brand LLC, we will make reasonable efforts to ensure continuity of service and to honor legitimate customer concerns from the transition period. However, any claims for refunds, warranties, or other remedies related to purchases made before the Effective Date may be addressed on a case-by-case basis and may be subject to the prior policies in effect at the time of purchase. StarStruck Brand LLC’s current Return Policy and warranty disclaimers will apply only to purchases made under these Terms (i.e., on or after the Effective Date). For earlier purchases, please refer to the terms that were provided at that time or contact us for assistance; while we may not be legally obligated under those terms, we strive for good customer service.

This section is not intended to unlawfully limit any rights you may have against StarStruck Brand LLC that cannot be waived by law. However, it is meant to clarify that StarStruck’s assumption of operations does not automatically make it liable for all acts or omissions of prior operators or for commitments outside these Terms. If you believe you have a claim that spans the transition of companies, we encourage you to contact us to discuss, and we will attempt to direct you appropriately or address the issue in our discretion.

Legacy Payment Disputes (Pre-Acquisition Transactions)

StarStruck Brand LLC is the successor brand to StarStruck Clothing LLC and officially assumed operational control of the Site and brand assets as of April 29, 2025. However, StarStruck Brand LLC is not responsible for, and expressly disclaims any liability for, any payments, purchases, refunds, chargebacks, or disputes involving transactions processed prior to this date, including those processed through merchant accounts, payment links, or platforms controlled by the prior ownership or any third party.

If your payment was processed before April 29, 2025, or was accepted by StarStruck Clothing LLC or any individual affiliated with the prior ownership, all claims, disputes, or refund requests related to that transaction must be directed to the individual or entity who accepted your payment. StarStruck Brand LLC has no access to those funds and cannot offer support or resolution for such transactions. For the avoidance of doubt, any obligations, warranties, or representations related to purchases made prior to April 29, 2025, remain solely with the original merchant or person who accepted your payment, and not with StarStruck Brand LLC.

That said, we’re actively working together to ensure a smooth transition and make sure that, to the extent feasible, customers receive what they ordered — regardless of when the order was placed. While we are not liable for transactions prior to our acquisition, we appreciate your patience as we continue to sort through legacy cases and maintain service continuity wherever possible.

We encourage customers to review their receipts or payment confirmations to determine the payment recipient.

• If your payment was made on or after April 29, 2025, or you are unsure, please contact StarStruck Brand LLC at support@starstruckofficial.com.
• If your payment was made prior to April 29, 2025 and appears to have been processed by StarStruck Clothing LLC or another party, please direct your inquiry to the individual or entity listed as the payment recipient or starstruckclothing@icloud.com

StarStruck Brand LLC may assist with clarifying timelines but cannot intervene in or process claims tied to transactions handled by prior ownership.

Severability

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect. It is the intent and agreement of the parties that the court or arbitrator should modify (blue-pencil) any unenforceable provision to the extent necessary to render it enforceable, and enforce the provision as modified. If a provision is not capable of such modification and is instead held to be unenforceable in its entirety, it shall be severed from the Terms and the rest of the Terms shall remain valid and enforceable.

For example, if a court finds that a particular limitation of liability or warranty disclaimer is invalid or unenforceable, the court should apply the limitation to the maximum extent permitted by law, and similarly, if any time period or restriction is deemed excessive, the court is authorized to reduce it to what is reasonable. No severance or modification of a term shall affect the validity or enforceability of any other term or portion of these Terms.

The parties further agree that if any portion of the Class Action Waiver in the Arbitration section is found to be illegal or unenforceable, such portion shall not be severable (as noted in that section) and the entirety of the Arbitration section shall be voided, with the consequences set forth therein. This Severability clause does not apply to any provision that has been declared non-severable elsewhere in these Terms.

Entire Agreement

These Terms (including any documents, policies, or terms expressly incorporated by reference, such as the Privacy Policy and any additional program terms) constitute the entire agreement between you and StarStruck Brand LLC with respect to the Site and your purchase and use of StarStruck’s products and services. These Terms supersede all prior or contemporaneous understandings, representations, communications, or agreements, whether written or oral, regarding the same subject matter.

You acknowledge and agree that you have not relied on any statement, representation, warranty, or agreement of StarStruck or any other person on StarStruck’s behalf, including any representations in advertising or marketing materials, except for those expressly contained in these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafter (both parties having had opportunity to review).

In entering into these Terms, neither party has any remedies with respect to any statement, representation, warranty, or agreement not included in these Terms, and neither party shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement herein.

That said, this Entire Agreement clause does not limit liability for fraudulent misrepresentation.

No Waiver

No failure or delay by StarStruck in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any further exercise of that or any other right, power, or remedy. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of StarStruck.

For example, if you breach these Terms and we choose not to immediately take action, we are not waiving our legal rights (such as the right to take action in the future). Likewise, if we waive a particular breach by you, that waiver does not mean we will waive any future breaches by you or anyone else.

StarStruck’s rights and remedies under these Terms are cumulative and are in addition to any other rights and remedies available at law or in equity.

Changes to the Terms

StarStruck reserves the right to modify or update these Terms of Service at any time, in its sole discretion. If we make material changes to these Terms, we will make reasonable efforts to notify you of such changes, which may include posting a prominent notice on our Site or sending you an email notification (if we have your email on file). Any changes to these Terms will be effective upon the posting of the updated Terms to the Site, unless a later effective date is specified in the updated Terms.

It is your responsibility to review these Terms periodically for any changes. We will indicate at the top of this document the date of the latest revision. Your continued use of the Site or purchase of products after any changes to these Terms are posted (or after being notified, if applicable) constitutes your acceptance of those changes. If you do not agree to the amended Terms, you must stop using the Site and (if applicable) cancel your user account or any pending orders.

In the event that any change to these Terms is held to be invalid or unenforceable for any reason, the condition that was in place prior to the change shall remain in effect to the extent permitted by law (unless it was already invalid or unenforceable). We will not retroactively change any provisions with respect to then-pending disputes or orders; such disputes will be handled according to the Terms in effect at the time the dispute arose or the order was placed, unless you consent to the new Terms.

For any questions about these Terms or to inquire about any provisions, please contact us through the customer service channels provided on our Site. Your understanding and cooperation in abiding by our Terms help ensure a positive experience for all StarStruck customers.

Contact Information: If you have any questions or concerns about these Terms of Service or any other policies, you may contact StarStruck Brand LLC at support@starstruckofficial.com, or via mail at 1801 E Camelback Rd Ste 102,Phoenix, AZ 85016, or via our customer service line at [insert phone number]. We will make a good faith effort to address your inquiries promptly.

By using the Site or purchasing StarStruck products, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for being a part of the StarStruck community!