TERMS OF SERVICE
1. OWNERSHIP AND COPYRIGHT
As between you and STM, the Content, the STM Sites and the Site Content, are owned by STM and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. As used herein, “Content” means any and all motion pictures, live action or animated programs or episodic series, sports or music content offered as products streamed and/or downloaded from the STM Sites. "Site Content" means any and all other human readable audio and/or visual elements of the STM Sites created or owned by STM, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, movie trailers or episodic works, home movies and digital photography), designs, logos, information and other content made available through the STM Sites by either STM on its own, or by STM in concert with third parties, whether part of the design of the STM Sites or otherwise. Any and all underlying patentable or copyrightable elements (or protectable as trade secrets or otherwise under intellectual property laws) of the STM Sites, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in the Site shall be considered the “Site Code.”
Unless expressly permitted by STM, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit in whole or in part any Content, Site Content or Site Code. Any violation of copyright or other intellectual property laws may result in severe civil and criminal penalties.
2. GRANT OF RIGHTS; RESTRICTIONS ON USE
STM hereby grants you a limited, non-exclusive, non-transferable license to access, use and privately display or exhibit the STM Sites, Site Code, Site Content and the Content in accordance with the Site Agreement. STM grants you this limited license for your personal use, and not for any commercial purpose. The use of the Content, the STM Sites, the Site Content or the Site Code for commercial purposes is unauthorized and may constitute infringement. This license does not include any rights to: (1) sell, resell, lend, lease, rent or otherwise commercially use the STM Sites, the Content, Site Content, Site Code or any other material or information contained therein; (2) collect or use any product listings, descriptions or any prices for any reason; (3) create derivative works from the Content, Site Content, Site Code or any other materials or information contained therein; (4) download or copy account information of any third party for the benefit of another merchant; or (5) use data mining, robots, or other data gathering and extraction tools. Except as provided herein, you may not frame or utilize framing techniques to use, surround or enclose the STM name, the Content or any trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of STM, and/or our affiliates or subsidiaries or Content providers without STM's express written consent. You may not use any meta-tags or any other "hidden text" utilizing STM, STM’s affiliates, subsidiaries or Content providers tradenames or trademarks or other copyrighted materials relating thereto, without the express written consent of STM.
Notwithstanding the foregoing, you may hyperlink to the homepage of any STM Site on a non-exclusive basis, provided that your use conforms with the following: (1) the STM Marks (as defined in Section 5, below) may not be modified or altered in any way; (2) you may not use the STM Marks to imply endorsement of your product or service, or to disparage STM, STM’s affiliates, or their respective products or services; (3) associate STM, STM’s affiliates, the Content, Content providers, or their respective products or services with any other web site, products or services that STM may find, in its sole judgment, to diminish or damage the goodwill in the STM Marks, including, without limitation, pornographic services or products. Further, the STM Marks may not be exhibited in such a way as to make them more prominent than any other content, products or services on your site; and link, your site and/or the contents and subject matter of your site shall not infringe STM's or any third party’s intellectual property rights or violate any state, federal, or international law. The following notice shall be included on the first web page of your site on which the link appears: "Starz and related service marks are the property of Starz Media, LLC. All rights reserved." STM may terminate the rights granted in this paragraph at any time, in its sole discretion, without liability or obligation to the other of any kind. STM has the right, but not the obligation, to inspect your Web site from time-to-time to ensure compliance with these requirements. In the event your rights are terminated, you will remove all references to STM and the STM Marks, including the link, within twenty-four (24) hours of written request by STM. Failure to do so shall constitute an unauthorized and potentially infringing use of such items.
3. RESTRICTIONS ON USE OF THE STM SITES AND SITE CONTENT
You may not and you hereby agree that you will not: (1) use the STM Sites for public exhibition of the Content; (2) reverse engineer, decompile or disassemble any files containing the Site Code, the Site Content or the Content or otherwise attempt to “crack” the files or obtain their source code; (3) remove or alter any copyright, trademark or other proprietary notice contained in any computer file in which the Content or Site Content is contained or the Content or Site Content itself; or (4) use the Site Content or the Content in any manner not set forth in this Agreement. Further, as a condition of your use of the STM Sites, you represent and warrant that you will not use the STM Sites, or any of its component Content, Site Content or Site Code for any purpose that is unlawful or prohibited by the Site Agreement. If you breach any of these covenants, your authorization to use the STM Sites shall automatically terminate and civil and criminal penalties may apply.
4. COPYRIGHT NOTICE
If you are under the good faith believe that any materials or information on the STM Sites have been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
Starz Media, LLC
By this filing, STM does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available to it under the copyright law or otherwise. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Digital Millennium Copyright Act of 1998 (the "DMCA") permits you to send STM a counter-notice pursuant to the statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If we receive a proper notification (or if we believe in our sole and absolute discretion) that any materials submitted or posted by you allegedly violate another person's or entity's rights, we reserve the right to withdraw and remove the affected material from our Site, at any time in our absolute discretion with or without notice. You can find more information about the DMCA on the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.
5. TRADEMARK NOTICE
STM and all related registered and unregistered service marks (“STM Marks”) are the property of Starz Media, LLC. Some of the characters, logos or other images incorporated by STM on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks and are the property of their respective owners
The STM Marks may not be used without the express written permission of STM. The STM Marks may not be used in connection with any product or service other than as expressly permitted by STM in writing, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits STM, its parent and affiliated companies, the STM Sites or any other product or service of STM or its parent and affiliated companies. You gain no right to use any STM Marks or those of any other entity by virtue of your use of the STM Sites.
6. MARKETING, PERSONAL DATA COLLECTION
7. PRODUCT DESCRIPTIONS
STM, its affiliates and Content partners attempt to describe its products as accurately as possible. However, STM, its affiliates and Content partners do not warrant that the product descriptions pertaining to the Content or Site Content are accurate, complete, reliable, current or error-free.
8. PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS
Features, specifications, services and/or prices offered from the STM Sites may change at any time without notice and STM does not provide price protection or refunds in the event of a price drop or a promotional offering. Special product or service offerings and promotions displayed on the STM Sites are considered no longer valid once they are removed from the STM Sites. Additionally, all offerings and promotions are subject to change or cancellation at any time without notice. You may register only once for special offers or trial offers, and you agree not to register multiple times for the same special offer or trial offer using multiple names, email addresses or other devices designed to circumvent this limit.
You may terminate your use of the STM Sites at any time. Your right to use the STM Sites will automatically terminate if you fail to comply with any provision of the Site Agreement. If your relationship with the STM Sites is terminated due to your actions or inactions, you must cease all use of the STM Sites.
10. CONFIDENTIAL AND PROPRIETARY INFORMATION
11. USER SUBMISSIONS
STM is pleased to hear from its customers and welcomes your comments regarding our products and services. These comments should only be submitted to one of the mailboxes available to users of the STM Sites provided for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to STM through the Site (collectively, the "Submission") will forever be the property of STM. STM will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities between your Submission and any future STM products, services or operations. Without limitation, STM will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. STM will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not STM, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
12. POLICIES FOR INDIVIDUALS UNDER THE AGE OF 13
STM encourages the responsible use of the internet by children together with their parents and to that end, STM does not knowingly collect or use any personally identifiable information submitted or posted to the STM Sites from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information.
13. ACCURACY AND INTEGRITY OF INFORMATION; AVAILABILITY OF STM SITES
Although STM attempts to ensure the integrity and accurateness of the STM Sites, it makes no guarantees whatsoever as to the correctness or accuracy of the information provided on the STM Sites or availability of the STM Sites at any time. Information contained on the STM Sites may be changed or updated without notice.
14. FORWARD LOOKING STATEMENTS
The STM Sites may contain forward-looking statements regarding STM's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.
You may not assign your rights and obligations under the Site Agreement for any reason. STM may assign its rights and obligations under the Site Agreement at any time. In the event STM elects to assign its rights and obligations hereunder, STM shall notify consumers either via email notice and/or written notice, as determined by STM in its sole discretion.
16. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY.
YOU EXPRESSLY AGREE THAT USE OF THE STM SITES IS AT YOUR SOLE RISK. NEITHER STM, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE STM SITES AND SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STM SITES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE STM SITES. THE STM SITES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY STM, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STM, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDER, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE STM SITES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE STM SITES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION. ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT(S) WHICH GAVE RISE TO THEM OR THEY ARE BARRED. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17. THIRD PARTY SITES