The primary purpose of the Sites is to facilitate the distribution and use of Starz Media owned and licensed marketing and promotional materials and other similar assets. The Sites are for use only by employees of Starz Media or its parent, sister or related companies or subsidiaries, and Starz Media's authorized and approved licensees and their vendors, media outlets, potential business partners and other approved users (each individual, an "Authorized User"). The Sites are not intended for viewing or access by anyone other than Authorized Users. You may access and use the Sites only if you are an Authorized User.
- RESTRICTIONS ON USE. You agree not to:
- transmit or otherwise make available any content that is harmful, threatening, abusive, harassing, tortious, defamatory, disparaging (including disparaging of Starz Media), vulgar, obscene, pornographic, libelous, or invasive of another's privacy, or that promotes violence, racial hatred, terrorism or illegal acts or is otherwise objectionable;
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Sites or in connection with the Content or Starz Media;
- transmit or otherwise make available any content that you do not have the right to transmit or otherwise make available under law, contract or fiduciary relationships;
- in connection with the Sites, Content or Starz Media's business, transmit or otherwise make available any personal advertising, personal promotional materials, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services;
- violate any applicable local, state, federal or international law, rule or regulation;
- harass, stalk or otherwise abuse another Authorized User;
- transmit any code, file or program designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware, telecommunications equipment or other technology used in connection with the Sites (including, without limitation, any virus, worm, trap door, back door, Trojan horse or other technology that would allow unauthorized access to the Sites or any Authorized User's software, hardware, computing environment or network); or
- use the Sites or Content for any purpose other than for Starz Media's legitimate business.
- INTELLECTUAL PROPERTY.
- As between you and Starz Media, the Sites and Content are owned by Starz Media and/or its licensors and content and technology providers, and are protected by applicable domestic and international copyright laws. As used herein, "Content" means: (1) any and all motion pictures, images, animations, artwork, copy or information; and (2) any and all other human readable audio and/or visual elements, regardless of the form or format, accessible via the Sites. Any and all underlying patentable or copyrightable elements (or elements protectable as trade secrets or otherwise under intellectual property laws) related to the Sites or Content, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in the Services, Sites, Content and/or Features will be considered the property of Starz Media ("Starz Media IP").
- STARZ, ENCORE, MOVIEPLEX and all related registered and unregistered trademarks and service marks ("Starz Media Marks") are the property of Starz Media, LLC or its affiliates. Certain characters, logos, names and images incorporated by Starz Media, LLC on the Sites and Content are also protected as registered or unregistered trademarks, trade names and/or service marks and are the property of their respective owners. The Starz Media Marks may not be used without the express written permission of Starz Media.
- Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. You may not use the Content or Starz Media Marks except as expressly set forth in these Terms. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE CONTENT OR STARZ MEDIA MARKS IS PROHIBITED.
- USER SUBMISSIONS. Starz Media 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 Sites provided from time to time for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to Starz Media through the Sites (each, a "Submission") will forever be the property of Starz Media. Starz Media 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 Starz Media products, services or operations. Without limitation, Starz Media will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. Starz Media 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 Starz Media, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You acknowledge and agree that neither Starz Media nor any of its licensees, successors or assigns has now, or will have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Submission, and that Starz Media and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any feedback submitted.
- CONFIDENTIAL AND PROPRIETARY INFORMATION. You agree not to try to access and not to access any information through the Sites that does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Starz Media of the unauthorized access, and reasonably assist Starz Media in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity, will not use such information, will return such information to Starz Media immediately, will not transmit it to any other person or entity and will not reproduce or distribute it in any electronic or other form.
- FORWARD LOOKING STATEMENTS. The Sites may contain forward-looking statements regarding Starz Media'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.
- EXPORT RESTRICTIONS. You agree that you will comply with all rules, laws and regulations that are applicable to your use of the Sites and transmission or use of any software or data, including, without limitation, all applicable export laws, restrictions and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury and any other U.S. or foreign agency or authority. You agree not to export or re-export, or allow the export or re-export of the Sites in violation of any such law, restriction or regulation.
- LINKS TO AND FROM THIRD PARTY SITES.
- The Sites may contain links to other internet sites, including without limitation social media sites. Starz Media does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness, quality, practices or policies of such sites or content available from such sites. Starz Media does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.
- You are not permitted to link to the Sites or Content from any third-party site without the prior written permission of Starz Media.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. NEITHER STARZ MEDIA, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT: (A) THAT THE SITES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR OR VIRUS FREE; (B)THAT THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR CONTENT, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITES. THE SITES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL ELEMENTS OF ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" 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 OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. THE SITES MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. NEITHER STARZ MEDIA NOR ANY OF ITS AFFILIATES ARE RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY AUTHORIZED USER'S COMPUTER FROM ANY SECURITY BREACH, OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY STARZ MEDIA, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; AND YOU WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE ABOVE EXCLUSION OF IMPLIED WARRANTIES WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that any content appearing on the Sites infringes your copyright rights, please forward the following information in writing to the Copyright Agent at the address listed below (see 17 U.S.C. § 512(c)(3) for further detail).
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- The exact URL or a description reasonably sufficient to permit Starz Media to locate where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Starz Media, LLC
8900 Liberty Circle
Englewood, CO 80112
Attention: Business & Legal Affairs
Tel: (720) 852-4100
Starz Media seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. § 512(c) or elsewhere in the law.