TERMS OF USE

IMPORTANT! PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING http://starzglobal.com AND http://www.starzmediadigital.com/screening/ ("SITES"). THE SITES ARE OWNED AND OPERATED BY STARZ MEDIA, LLC ("STARZ MEDIA," "US" OR "WE"). THE SITES INCLUDE ALL INTERNET SITES ON WHICH THESE TERMS OF USE ARE POSTED. THESE TERMS OF USE ARE A LEGALLY BINDING AGREEMENT BETWEEN US AND YOU CONCERNING YOUR USE OF THE SITES. BY USING THE SITES YOU ARE UNCONDITIONALLY AGREEING TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITES.

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.

  1. ACCESS; USE. In order to access the Sites you must create a user account ("User Account"). By using the Sites, you represent and warrant to Starz Media that: (1) you are using your actual identity and the information you provide to Starz Media is true, complete, correct and current, and that you will maintain and update that information as circumstances require; (2) you have the capacity to enter into these Terms of Use (i.e., you are of sufficient legal age and mental capacity); (3) you are otherwise entitled to be legally bound in contract; and (4) you have read and agree to abide and be bound by these Terms of Use. Starz Media reserves the right to terminate or suspend your access, or deny or refuse access to the Sites to any person at any time. If you cease to be an Authorized User for any reason, you must destroy any Content in your possession, whether in electronic or printed format, unless instructed otherwise by Starz Media. As an Authorized User, you understand and agree that you (i) are responsible for all activities that occur under your User Account and (ii) will not sell, transfer or assign your access rights. You also understand that Starz Media and its authorized agents will be entitled to monitor your User Account. You understand that you are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your computer so that others may not access the Sites using your user name or password in whole or in part. You will notify Starz Media immediately if you believe your password has been compromised or security of your User Account is threatened in any way.
  2. LICENSE. Starz Media hereby grants you a limited, personal, non-assignable, non-exclusive, non-transferable, revocable license to access, use and privately display or exhibit the Sites including any Content therein (as defined in Section 4) in accordance with the Terms of Use. Starz Media grants you this limited license for the purpose of marketing and promotion of the Content solely in furtherance of your business relationship with Starz Media or Starz Media's business. The use of the Sites or Content for any other purpose is unauthorized and may constitute infringement. This license does not include any rights to: (1) sell, resell, lend, lease, or rent the Sites, Content or any other material or information contained therein; (2) use the Sites or Content for any commercial purpose unrelated to the marketing and promotion of the Content in furtherance of your business relationship with Starz Media; (3) collect or use any information, data, listings, or descriptions for any reason unrelated to the marketing and promotion of the Content in furtherance of your business relationship with Starz Media; (4) create derivative works from the Sites, Content or any other materials or information contained therein; (5) download or copy information of any third party; (6) use data mining, robots, or other data gathering and extraction tools; (7) distribute, transfer, or post any Content on any third party website, online service or other media; (8) modify, adapt, create derivative works from or translate any part of the Sites or Content; (9) reverse engineer, decompile or disassemble the Sites or Content, or otherwise attempt to obtain access to the Starz Media IP (as defined in Section 4); (10) remove or alter any copyright, trademark or other proprietary notice contained in the Services, Sites, Content or Features; (11) transfer or allow access to the Sites or Content to a person or entity that does not need to receive the Content to further your business relationship with Starz Media. In addition, you agree that you will be responsible and liable to Starz Media for the actions of any third party to whom you transfer or provide access to the Sites or Content and that you will keep accurate records of any third party to whom you transfer or provide access to the Sites or Content so that Starz Media may enforce its rights under these Terms and otherwise. Except where prohibited by law, you agree to promptly provide those records to Starz Media upon its request and cooperate and reasonably assist with any action taken by Starz Media in furtherance of its rights. Except as provided herein, you may not frame or utilize framing techniques to use, surround or enclose the Sites or Content or any trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of Starz Media and/or its affiliates or subsidiaries or Content providers without Starz Media's express written consent. You may not use any meta-tags or any other "hidden text" utilizing the name of the Sites, Starz Media and/or its affiliates, subsidiaries or Content providers, or any tradenames or trademarks or other copyrighted materials relating thereto, without the express written consent of Starz Media. Your misuse of the Sites and Content is strictly prohibited. The rights granted in these Terms of Use will automatically terminate if you violate any of these restrictions, and may be terminated by Starz Media at any time, in its sole discretion.
  3. RESTRICTIONS ON USE. You agree not to:
    1. 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;
    2. 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;
    3. 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;
    4. 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;
    5. 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;
    6. violate any applicable local, state, federal or international law, rule or regulation;
    7. harass, stalk or otherwise abuse another Authorized User;
    8. 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
    9. use the Sites or Content for any purpose other than for Starz Media's legitimate business.
    You understand and agree that Starz Media may add, revise, discontinue, delete or suspend any content on the Sites at any time, without notice and without liability.
  4. INTELLECTUAL PROPERTY.
    1. 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").
    2. 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.
    3. 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.
  5. PRIVACY POLICY. Starz Media may collect and use certain personally identifiable information and non-personally identifiable information about you in connection with your use of the Services, Sites, Content or Features and such collection and use of personally identifiable information is subject to the Starz Media Privacy Policy available at http://starzglobal.com/about/privacy.
  6. 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.

    Starz Media generally does not pre-screen, verify or edit your Submissions. However, Starz Media and its agents reserve the right to investigate any violation of the Terms of Use and to take appropriate remedial action. Starz Media has absolute discretion to enforce the Terms of Use, including, but not limited to warning users of violations, disabling or suspending access, deleting, screening or editing any Submission, or prohibiting any behavior that does not comply with the Terms of Use. You are entirely responsible and liable for all activities conducted by you and any user of your User Account, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Services, Sites or Features.
  7. 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.
  8. 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.
  9. 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.
  10. LINKS TO AND FROM THIRD PARTY SITES.
    1. 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.
    2. You are not permitted to link to the Sites or Content from any third-party site without the prior written permission of Starz Media.
  11. ASSIGNMENT. You may not assign your rights and obligations under the Terms of Use for any reason. Starz Media may assign its rights and obligations under the Terms of Use at any time.
  12. TERMINATION. You may terminate your use of the Sites at any time. Your right to use the Sites will automatically terminate if you fail to comply with any provision of the Terms of Use and Starz Media reserves the right to cancel, terminate or restrict your access to the Sites and Content, or any portion thereof, at any time, without notification, for any or no reason whatsoever. Upon termination of your registration or access to the Sites, or upon demand by Starz Media, you must destroy all materials obtained from the Sites and all related documentation and all copies and installations thereof. You are advised that Starz Media will aggressively enforce its rights to the fullest extent of the law, including, without limitation the seeking of criminal prosecution or injunctive relief against you.
  13. 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.
  14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL STARZ MEDIA, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES BE LIABLE FOR ANY LOSS, DAMAGES OR LOSS OF GOODWILL OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHEWISE, INCLUDING, WITHOUT LIMITATION, 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 SITES OR CONTENT, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY STARZ MEDIA OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE SITES' TECHNICAL OPERATION OR THE CONTENT, EVEN IF STARZ MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITES OR THEIR RELATED INFORMATION OR PROGRAMS; 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 AN EVENT OF FORCE MAJEURE. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL STARZ MEDIA OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION RELATED TO THE SITES WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). THE ABOVE LIMITATIONS OF LIABLITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  15. INDEMNIFICATION. You agree to indemnify and hold harmless Starz Media, its parents, subsidiaries, affiliates, partners, agents and licensors and each of their respective officers, directors, shareholders and employees against and from any and all liabilities, claims, costs, damages, reasonable settlements and expenses (including without limitation reasonable attorneys' fees and court costs) to the extent arising out of or attributable to your breach of any of the provisions, representations or warranties set forth in the Terms of Use, and/or from your placement or transmission of any content onto the Services' servers, and/or from any and all use of your User Account in violation of the Terms of Use or the failure to fulfill any obligations relating to your User Account incurred by you or any other person using your User Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section.
  16. FORCE MAJEURE. Starz Media will not have any liability to you for any delay or non-performance of its obligations under the Terms of Use, to the extent that such delay or non-performance is attributable to an event of Event of Force Majeure (as hereinafter defined). For the purposes of the Terms of Use, "Event of Force Majeure" will mean an act of God, labor dispute, or failure of facilities, networks, equipment or software, or any similar event, to the extent that such event is beyond the reasonable control of Starz Media.
  17. MODIFICATIONS TO THE TERMS OF USE. Starz Media reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Sites, or any provision of the Terms of Use, in whole or in part, at any time without notice to you or any third party. Changes to the Terms of Use will be effective when posted. You agree to periodically review the Terms of Use so that you are aware of any changes. Your continued use of the Sites or Content in any way after any changes are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
  18. MISCELLANEOUS. These Terms of Use set forth the nature and extent of your relationship with Starz Media as it pertains to the Sites and Content. The Terms of Use are binding upon and inure to the benefit of Starz Media and you, and Starz Media's successors and assigns, if any. If any provision of the Terms of Use are determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of the Terms of Use. Starz Media will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Sites. Any waiver of any breach or failure to enforce any provision of the Terms of Use will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver of any provision of the Terms of Use will be effective only if it is in writing and signed by Starz Media and you. Nothing contained in the Terms of Use will constitute, or enable the development of a joint venture, partnership or any other employee/employer or independent contractor relationship or any other commercial relationship (except as seller and customer) between you and Starz Media.
  19. LOCATION; GOVERNING LAW. The Sites are operated in the United States. These Terms of Use are specifically not governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. The Terms of Use will be interpreted, construed, governed and enforced solely by the laws of the United States and the State of Colorado, irrespective of Colorado's conflict or choice of law rules. Any action brought by you arising out of or relating to the Terms of Use may be brought exclusively in the appropriate state or federal court in Denver, Colorado, and you irrevocably consent to the jurisdiction of such courts and venue in Denver, Colorado. Any cause of action or claim you may have must be commenced within ninety (90) days after such claim or cause of action arises. You waive your rights to a jury trial in any proceeding with Starz Media or its parents, subsidiaries, affiliates, partners, respective service providers, suppliers and/or licensors and each of their respective officers, directors, shareholders and employees.
  20. CONTACT US. If you have any questions or concerns about the Content or these Terms of Use, please contact us at business.affairs@starz.com.
  21. 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).
    1. Your name, address, telephone number, and email address;
    2. 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;
    3. The exact URL or a description reasonably sufficient to permit Starz Media to locate where the alleged infringing material is located;
    4. 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;
    5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
    6. 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.
      Copyright Agent
      Starz Media, LLC
      8900 Liberty Circle
      Englewood, CO 80112
      Attention: Business & Legal Affairs
      Tel: (720) 852-4100
      Email: business.affairs@starz.com

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.

The provisions of the Terms of Use, which by their nature should survive expiration or termination of the Terms of Use, will survive such termination. You agree that your use of the Sites and Content enables you to enter into agreements and/or to make purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Sites.

POSTED: 10/1/2012