Terms of Use
Effective Date: May 15, 2026
Last Updated: May 15, 2026
PLEASE READ SECTION 25 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING STARZ, THESE TERMS, OR OUR PRIVACY POLICY, INCLUDING BINDING ARBITRATION, A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION, AND A WAIVER OF THE RIGHT TO HAVE A TRIAL BY JURY. FOR MORE INFORMATION ABOUT THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 25 BELOW.
Welcome to STARZ. These Terms of Use ("Terms of Use") constitute an agreement between you and Starz Entertainment, LLC ("Starz", "us", "we", "our") concerning your use of (1) the STARZ service ("Service"); (2) our website located at www.starz.com and any other digital platform where these Terms of Use are posted ("Sites"); (3) interactive features or downloads that are made available through our Service or Sites ("Features"); and (4) content available on our Service and Sites ("Content"). The Service, Sites, Features, and Content are collectively referred to in these Terms of Use as the "Platform".
1. ACKNOWLEDGMENT & AGREEMENT
IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY before accessing and USING THE Platform. These terms of use are a legally binding agreement between YOU AND STARZ concerning your access and use of the Platform. BY ACCESSING AND/OR USING THE Platform YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE Platform.
2. CHANGES
Starz reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Platform or any provision of the Terms of Use, in whole or in part, at any time. Changes will be effective immediately upon posting, unless otherwise stated. If we make material changes, we will notify you through written, electronic, or other reasonable means so that you may make an informed decision regarding your continued use of the Platform. The date that these Terms of Use were last modified can be found at the beginning of these Terms of Use. If you do not agree with a change to the Terms of Use, your sole remedy is to not access or use the Platform. If you continue to access or use the Platform after we change the Terms of Use, you accept the new Terms of Use.
3. ACCESS REQUIREMENTS
3.1 In order to access and use the Platform, you must meet the following access requirements ("Access Requirements"):
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3.1.1 you must be 18 years of age or older, or the age of consent in the jurisdiction in which you access and use the Platform;
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3.1.2 you must reside within the fifty states of the United States of America ("US"), the District of Columbia, or US territories ("Service Area");
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3.1.3 to access the Service, you must have a STARZ account ("STARZ Account"), and you must have an active subscription to the Service or Bundle (each, a "Subscription") with a valid payment method ("Payment Method") with us or with a third party that has been authorized by us to provide access to the Service or Bundle ("Distributor");
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3.1.4 if you access the Service through a Subscription with a Distributor, you must activate your Subscription; and
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3.1.5 to access and use the Platform, you will need sufficient internet access and an appropriate device (such as a computer or mobile phone), which you are solely responsible for.
4. SUBSCRIPTIONS
4.1 Direct-to-Consumer Subscription. You may purchase a direct-to-consumer Subscription to the Service directly. Either we or our authorized vendor(s) ("Payment Service") will process the Payment Method. By providing a Payment Method to us, you agree that we or our Payment Service are authorized to periodically charge the applicable Subscription fee including any applicable taxes and service fees ("Subscription Fee") on a recurring basis until you cancel your Subscription. You may edit your Payment Method by signing into your STARZ Account and viewing your Billing Plan and Information details within Settings. We or our Payment Service will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold. If your Payment Method expires and you do not update your Payment Method or cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If a valid Payment Method is not activated on your STARZ Account when a payment becomes due, we may suspend or cancel your Subscription.
4.2 Subscription with Distributor. If you purchase a Subscription through a Distributor, the Distributor will process your Payment Method and give you further details on how to sign in or create your STARZ Account. For questions regarding a Subscription purchased through a Distributor, please contact your Distributor directly.
4.3 Subscription Offerings and Plans. We offer many different Subscription plans to access the Platform and the pricing and offers for Subscriptions to the Platform vary and change over time without notice (except as required by applicable law). Subscription plans may have different conditions or limitations which will be disclosed during your sign-up or in other materials describing the Subscription plan. We reserve the right to change the terms of your Subscription, including the price, from time to time. You are responsible for all internet access and device charges.
4.4 Bundled Subscription. We may offer a STARZ subscription bundled with other subscription services (each, a "Bundle"). The terms of such Bundle subscription will be provided at the time you subscribe including the terms of use/subscription agreement/privacy notice for the subscription service(s) included in the Bundle with STARZ. When Starz offers a Bundle, Starz is the seller of both the Service and the third party subscription included in the Bundle.
4.5 Switching Plans. We may offer the opportunity to switch Subscription plans. The terms applicable to such Subscription plans will be provided when you select a new Subscription plan in account Settings on the Platform.
4.6 Pausing a Subscription. You may pause your subscription by visiting Settings in your Subscription account. Pausing allows you to temporarily suspend access to the Service without canceling your Subscription. No charges will be incurred during the pause period. While paused, you will not have access to streaming content or Subscription features.
5. RECURRING SUBSCRIPTION, PAYMENT, PRICING, CANCELLATION, REFUNDS & PROMOTIONAL OFFERS
5.1 Recurring Subscription. Subject to Section 5.8 (Free Trials and Promotional Offers), Starz or Distributor will charge the first Subscription Fee to your Payment Method on the date Starz or Distributor confirms your Subscription purchase. After that, YOU AGREE THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR SUBSEQUENT BILLING PERIODS OF EQUAL LENGTH TO YOUR CURRENT BILLING PERIOD (FOR EXAMPLE, MONTHLY OR ANNUALLY) AT THE END OF THE BILLING PERIOD AT THE THEN-CURRENT SUBSCRIPTION FEE (PLUS APPLICABLE TAXES AND FEES) UNLESS YOU CANCEL IN ACCORDANCE WITH SECTION 5.6 (CANCELLATION).
5.2 Payment. By providing the Payment Method, you represent and warrant that you are authorized to use such Payment Method. The Payment Method and other billing information that you submit ("Personal Billing Information") is a subset of your STARZ Account information. BY ESTABLISHING A PAYMENT METHOD WITH STARZ OR DISTRIBUTOR, YOU AGREE TO PAY THE SUBSCRIPTION FEE ON A DESIGNATED PERIODIC CYCLE TO ACCESS THE SERVICE AND BUNDLE ("SUBSCRIPTION FEE") ALONG WITH ANY APPLICABLE TAXES. THE SUBSCRIPTION FEE WILL BE BILLED AT THE TIME YOU ESTABLISH YOUR SUBSCRIPTION (EXCEPT IN THE CASE OF A TRIAL SUBSCRIPTION) AND ON AN ONGOING, REGULAR BASIS BASED ON THE PLAN SELECTED AT THE TIME OF SUBSCRIPTION (E.G. MONTHLY, ANNUAL, QUARTERLY ETC.) UNLESS YOU CANCEL YOUR SUBSCRIPTION. ALL PAYMENTS ARE PROCESSED AND BILLING CYCLES DETERMINED BY STARZ OR APPLICABLE DISTRIBUTOR. Please carefully review the payment and billing policies prior to establishing your Subscription. It is your responsibility to update and maintain the Payment Method associated with your Subscription and all changes to your Payment Method must be processed through Payment Processor or your Distributor. In the event of a failed attempt to charge to your primary payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method or, where you have consented, to use any other stored payment method associated with your account. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription and charge a processing fee when payment is successfully authorized. Except as specified in Section 25 (Dispute Resolution), you will remain liable for all amounts and all costs incurred to collect these amounts, such as bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration costs.
5.3 Payment Processor. Your Personal Billing Information may be collected and processed by a Payment Processor. Starz will use your Personal Billing Information in accordance with Starz's Privacy Notice, but the use of your Personal Billing Information by any Payment Processor will be governed by such Payment Processor's own independent privacy policy and/or terms of use, as applicable. IN THE EVENT THE PAYMENT PROCESSOR FAILS TO COMPLY WITH ITS OWN PRIVACY POLICY, APPLICABLE TERMS, OR EXPERIENCES A SECURITY INCIDENT THAT IMPACTS YOUR PERSONAL BILLING INFORMATION OR OTHER RELATED INFORMATION, STARZ WILL IN NO WAY BE RESPONSIBLE OR LIABLE TO YOU FOR SUCH ACTIVITY.
5.4 Pricing. Pricing for the Service and Bundle may vary and Starz or Distributor may change the price for a Subscription to the Service and Bundle at any time subject to Starz and such Distributor's policies, and in compliance with applicable law.
5.5 Price Changes. Any changes to pricing will be communicated to subscribers in accordance with applicable law and if the price change is not acceptable to the subscriber, the Subscription may be cancelled. Starz is not responsible for Distributor policies, and Subscriptions can have differing conditions and limitations.
5.6 Cancellation. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID BEING CHARGED FOR THE NEXT BILLING CYCLE SUBSCRIPTION FEE. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE NEW PRICE IN EFFECT AT THE TIME OF THE RENEWAL, AND YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD FOR THESE AMOUNTS. If you subscribed to the Service or Bundle through: (a) Starz, you may cancel your Subscription by visiting the "Settings" section of your STARZ Account, selecting the "Cancel Subscription" link, and following the instructions; or (b) a Distributor, you will need to cancel your Subscription directly with that Distributor in accordance with your agreement with that Distributor (for more information please click the "Support Center" link at www.starz.com and then the "Account Questions" and "Cancellation" buttons). If you cancel your Subscription, the cancellation will go into effect at the end of your then-current paid Subscription period. You acknowledge and agree that cancellation of your Subscription is your sole recourse if you have any dissatisfaction, issue, or concern related to the Platform. Starz is not responsible for any cancellation requirements or policies of Distributor. If you cancel your Subscription, we will retain your information in accordance with our Privacy Notice.
5.7 Refunds. UNLESS REQUIRED BY APPLICABLE LAW, WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. However, you will continue to have access to the Service and Bundle through the end of your current billing period. Starz and each Distributor reserve the right to offer refunds, discounts, or other consideration in select circumstances at their sole discretion. A Distributor may choose to offer refunds or other consideration in the event of cancellation in accordance with their agreement with you.
5.8 Free Trials and Promotional Offers. The Service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). Starz and Distributors are under no obligation to offer a Trial Subscription, and each reserves the right, in its absolute discretion, to determine the timing, availability, and eligibility for a Trial Subscription. The terms and conditions of each Trial Subscription will be set forth in the marketing materials accompanying the Trial Subscription offer. Unless otherwise specified in the terms and conditions of a Trial Subscription offer, you are limited to one (1) Trial Subscription, and the determination of whether you have used a Trial Subscription may be made by Starz or Distributor, each in its sole discretion. When you subscribe to a Trial Subscription, you must provide Starz or Distributor with a valid Payment Method. Your Payment Method will not be charged by Starz or Distributor during the Trial Subscription period. IF YOU DO NOT CANCEL THE TRIAL SUBSCRIPTION PRIOR TO ITS EXPIRATION, THE SUBSCRIPTION FEE FOR THE SERVICE WILL BE CHARGED TO YOUR PAYMENT METHOD WHEN THE TRIAL SUBSCRIPTION EXPIRES. YOU AGREE AND ACKNOWLEDGE THAT, UNLESS REQUIRED BY APPLICABLE LAW, NEITHER STARZ NOR DISTRIBUTOR IS OBLIGATED TO NOTIFY YOU THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL YOUR TRIAL SUBSCRIPTION PRIOR TO MIDNIGHT EASTERN TIME ON THE LAST DAY OF YOUR TRIAL SUBSCRIPTION. To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please visit "Settings" in the Service if you subscribed via starz.com or review your account information provided by your Distributor if your Subscription is with a Distributor. As a condition of these Terms of Use, you agree not to register multiple STARZ Accounts for the same promotional offer using multiple names, addresses, email addresses, or other means. Any such action will constitute a violation of these Terms of Use and may result in the termination of your STARZ Account. From time to time, we may make Subscription plans available to you on a discounted basis or in conjunction with a promotion ("Promotional Offer"). Promotional Offers may take a variety of forms and may be available on a standalone basis or provided as part of a bundle with other products or services. In the event you take advantage of a new/subsequent Promotional Offer after you subscribe, no refunds or price adjustments will be applied to your Subscription Fee. Requirements for a Promotional Offer will be stated at the time it is presented.
6. LICENSE, RESTRICTIONS & TERMINATION
6.1 License. Within the United States and subject to the terms and conditions in these Terms of Use, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive, and non-sublicensable license ("License") to do the following:
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6.1.1 install and make non-commercial, personal use of the Platform; and
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6.1.2 stream or temporarily download the Content available to you on the Platform.
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This is a license and not an agreement for sale or assignment of any rights in the Content or the Platform. The purchase of a license to stream or temporarily download any Content does not create an ownership interest in the Content.
6.2 Restrictions. Notwithstanding the License, you are not permitted to do any of the following:
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6.2.1 sell, resell, lend, lease, rent, or otherwise commercially use the Platform, or any material or information contained therein;
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6.2.2 collect or use any information, data, listings, or descriptions of the Platform for any reason;
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6.2.3 transmit or distribute any viruses, malware, or other harmful code, circumvent, disable, or otherwise tamper with any security technology protecting any Content, system resources, accounts, or any other part of the Platform, or to attempt or assist another person to do so. It is prohibited to use or distribute tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools);
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6.2.4 create derivative works from the Platform or any materials or information contained therein;
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6.2.5 download or copy STARZ Account information of any third party;
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6.2.6 use data mining, robots, or other data gathering and extraction tools, whether manual or automated, on the Platform;
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6.2.7 distribute, transfer, or post any Content on any third party website, online service, or other medium;
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6.2.8 modify, adapt, create derivative works from, or translate any part of the Platform;
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6.2.9 exploit the Platform, reverse engineer the Platform, decompile or disassemble the Platform, otherwise attempt to obtain unauthorized access to the Starz IP (as defined in Section 14.2), or attempt, or encourage or assist any other person, to take any of the above actions;
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6.2.10 remove or alter any copyright, trademark, or other proprietary notice contained in the Platform;
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6.2.11 display or share the Platform for public use;
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6.2.12 frame or utilize framing techniques to use, surround, or enclose the Platform or any trademarks, service marks, logos, or other proprietary information (including: images, text, page layout, or form) of Starz and/or its affiliates or subsidiaries or Content providers;
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6.2.13 use any meta-tags or any other "hidden text" utilizing (1) the name of the Platform, (2) Starz and/or its affiliates, subsidiaries, or Content providers, or (3) any trade names or trademarks or other copyrighted materials relating thereto;
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6.2.14 allow any third party to use your STARZ Account;
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6.2.15 reveal your email and password or Payment Method to anyone; or
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6.2.16 use the Platform in a manner that could, directly or indirectly, pose harm or other safety concerns, or use or encourage or facilitate others' use of any portion of the Platform for any unlawful purpose or in violation of applicable law, including for any purpose that is fraudulent, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate, or is otherwise unlawful.
6.3 Termination & Suspension. You may terminate your use of the Platform at any time. Your right to use the Platform will automatically terminate if you fail to comply with any provision of these Terms of Use. Starz and its Distributors each reserve the right to cancel, terminate, or restrict your access to the Platform, or any portion thereof, at any time, without notification, for any or no reason whatsoever. In the event of termination you are responsible for all Subscription Fees and any applicable tax and service fees incurred prior to the effective date of termination. Starz may take any of the following actions in our sole discretion at any time and without giving any notice:
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6.3.1 change or discontinue the Platform;
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6.3.2 remove or change Content;
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6.3.3 change the Platform;
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6.3.4 restrict, suspend, or terminate your access to the Platform;
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6.3.5 deactivate your STARZ Account and delete all information in the STARZ Account; and
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6.3.6 any other corrective action we deem appropriate.
6.4 STARZ Account. To create an account, you must provide certain information about yourself. By registering, you acknowledge and agree that you are at least eighteen (18) years of age, and that the information you have provided is true, accurate, complete, and correct as of the date of registration, and that you will promptly update your registration information, should it change. During the registration process, you must select a password. It is your responsibility to ensure that your password remains confidential. You agree that you are fully responsible for all activities that occur under your account. You agree to notify us immediately in the event of unauthorized use of your password or account, or of any other breach of security relating to your account. We are not liable for any loss, damage, or purchase from your account as provided herein.
7. PARENTAL CONTROLS & CONTENT
7.1 MOST CONTENT AVAILABLE ON THE SERVICE IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA (I.E., G, PG, PG-13, R) OR TELEVISION RATINGS/CONTENT ADVISORIES. HOWEVER, SOME CONTENT MAY NOT BE RATED, AND MAY CONTAIN GRAPHIC VIOLENCE, SEXUAL CONTENT, AND MATURE THEMES. SUCH CONTENT MAY NOT BE SUITABLE FOR ALL VIEWERS. Content types, ratings, reviews, genres, categories, and descriptions are provided for your convenience, and we do not guarantee that you will agree with these suggestions. You acknowledge that Content is inherently subjective, and the Platform may include Content that you find offensive, indecent, explicit, or otherwise objectionable. Content may be edited, reformatted, or otherwise modified from its original version.
7.2 Parental Controls: Parental controls ("Parental Controls") for the Platform may be accessed in one of the two following ways: (a) if your Distributor passes through your Parental Control settings as part of the authentication process for the Platform, Parental Controls and any modifications thereto may be managed via your Distributor; or (b) you will be able to establish Parental Control settings during the STARZ Account creation process or by accessing Settings in your STARZ Account. To restrict Content, you can create and manage a Profile and change Parental Control settings by going to "Settings", clicking on "Profile Settings," and entering your PIN to edit the selections. Parental Controls allow you to set a maximum movie rating and television rating for the applicable Profile. Please note that changes made to Parental Controls may not take effect immediately, and during some periods there could be a delay before your new settings to become effective.
7.3 Adult Content. If you, or anyone you allow to use your STARZ Account, accesses any adult or mature content on the Platform, you acknowledge and agree that you may be exposed to visual images and sounds that depict nudity and sexual activity or that are otherwise sexual, erotic, or graphic in nature and may include violence and adult language. You agree to the following, irrespective of the Parental Control functions, and irrespective of the extent to which you use such Parental Control functions: (1) it is your responsibility to determine which Content meets your standards; and (2) under no circumstances will Starz or its Content providers be liable in any way for any Content that you, or anyone you allow to use your STARZ Account, have access to during use of the Platform, including, without limitation, any errors or omissions in any Content, quality of the Content, availability of the Content, subject matter of the Content, or any loss or damage of any kind incurred as a result of use of the Content by you or anyone you allow to use your STARZ Account; and (3) you acknowledge and agree that any adult-oriented material you access is being retrieved from a location where it does not violate any federal, state, or local obscenity law or community standard, and agree to bear the full, complete, and sole responsibility for bringing such material into whatever community you choose to do so.
7.4 Content Availability. It is your responsibility to review and monitor the access restrictions associated with each piece of Content available via the Platform, and Starz and its Distributors accept no liability for any access restrictions or the expiration of any availability windows. Starz reserves the right, in its sole discretion, to disable access to any Content at any time and makes no warranties that the access restrictions specified for each piece of Content will always be complete, current, or accurate.
8. DEVICE REQUIREMENTS, USAGE TERMS & UPDATES
8.1 Device Requirements. To see if the Service is available for your device see our "Support Center" link at www.starz.com. You acknowledge and understand that you will need to use a computer, mobile device, or other device that meets the Platform's system and compatibility requirements, which we may update from time to time. Features and functionalities that we make available through the Platform may differ by device. Please check the requirements periodically, as we may change or stop supporting any hardware or software platforms at any time. In order to access the Platform, you need a high-speed internet connection for your compatible device. You are responsible for any costs associated with your internet service. From time to time the Platform may be unavailable for any reason, including, without limitation periodic maintenance. We are not responsible for the performance of devices you use to access the Platform, including the ongoing compatibility of such devices with the Platform, and you agree to look solely to the entity that manufactured and/or sold or leased you the device for any issues related to it. We make no representations or warranties about the quality of your viewing experience on your device or other display.
8.2 Simultaneous Streams. The number of concurrent streams available for use may be subject to limitations, and such limitations may change from time to time at our discretion and may require device and account verification. Please visit our Support Center at www.starz.com for more information on the number of concurrent streams permitted.
8.3 Downloading Content. The Content may be available for temporary download for offline viewing. The number of temporary downloads available, and the length of time that temporary downloads remain available to you for offline viewing, may be subject to limitations which may change from time to time at our discretion. Please visit our Support Center at www.starz.com for more information.
8.4 Content Availability. The Platform is not available to subscribers outside of the United States, and the Content that we make available may be limited by law or by the rights that certain of our third-party content providers grant to us. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your Subscription. Access to the Platform from locations where we do not have rights or where we do not make the Service available is prohibited. You may be required to enable location access on your device in order to access certain Content. We reserve the right to modify or discontinue any Content at any time without notice or liability. By using the Platform, you acknowledge and agree that: (i) not all Content is available in all locations or at all times, (ii) blackout restrictions may prevent access to specific Content, and (iii) attempts to circumvent these restrictions may result in suspension or termination of your STARZ Account or Subscription.
8.5 Updates. By using the Platform, you acknowledge and agree to receive, without further notice or prompting, updated versions of the Platform and related third-party software from time to time. If you do not accept any updated versions of the Platform and related third-party software, do not use the Platform.
9. CUSTOMER SERVICE
9.1 Platform. If you need assistance with the Platform please visit the "Support Center" feature available at www.starz.com or in "Settings" within the Service.
10. PRIVACY NOTICE
10.1 Privacy. By accessing and using the Platform, you confirm you have read and understand the Starz Privacy Notice available at www.starz.com. The Starz Privacy Notice is a statement of information practices only. It is not incorporated in these Terms of Use by reference.
11. INDIVIDUALS UNDER THE AGE OF 13
11.1 18 Years or Older. By accessing and/or using the Platform, you represent you are at least 18 years of age, or the age of consent in the jurisdiction in which you access and use the Platform.
11.2 Platform Not Directed To 13 Years or Younger. Starz encourages the responsible use of the internet by children together with their parents and to that end, the Platform is not directed to children under the age of 13. Starz does not knowingly collect or use any information submitted or posted to the Platform from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information.
11.3 Notice to Parents. If you have any concerns about the Platform being accessed or used by children under the age of 13, please contact us at privacy@starz.com.
12. USER SUBMISSIONS
12.1 Feedback. Within certain areas of the Platform we may invite you to provide us with feedback, comments, ideas, messages, content, or other information ("Feedback"). We welcome your Feedback, as it helps us to improve the Platform and deliver a better product for our subscribers. By submitting Feedback, you agree that we are free to use the Feedback to improve the Platform or for any other purpose permitted by applicable law.
12.2 Submissions. Starz does not accept or consider unsolicited creative ideas, suggestions, or materials ("Submissions"). In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions, or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Starz, and that you have no expectation of compensation or consideration of any type.
12.3 Acceptable Use. Feedback and Submissions are referred to collectively as "User Content. When submitting User Content on or through the Platform, you agree to abide by these Terms. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You represent and warrant that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content on or through the Platform without violating any third-party rights. You acknowledge and agree that Starz does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. Starz is not responsible or liable for any User Content. User Content may not reflect the views of Starz, and we do not endorse any User Content that you or other users upload. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities.
12.4 License. When you submit User Content on or through your use of the Platform, you grant us a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, exploit, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for any legitimate business purpose, in any media formats, and through any media channels. Notwithstanding the above, you shall retain your intellectual property rights in your User Content.
12.5 Limitation of Liability. You acknowledge that you are responsible for all User Content including with respect to their legality, reliability, appropriateness, originality, and copyright. You acknowledge and agree that neither Starz 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 User Content, and that Starz and its licensees, successors, and assigns are not responsible for the loss, deletion, failure to store, or mis-delivery of any User Content.
13. COPYRIGHT INFRINGEMENT POLICY
13.1 Notice. If you believe your work has been copied and posted on the Platform in a way that constitutes copyright infringement, you may provide us with notice of your complaint by contacting us with the following information, in writing:
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13.1.1 the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
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13.1.2 the identification of the copyrighted work that you claim has been infringed;
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13.1.3 the identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;
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13.1.4 your name, address, telephone number, and email address;
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13.1.5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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13.1.6 a statement that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
13.2 Notices. All notices under Section 13.1 shall be sent to:
Copyright Agent
Starz Entertainment, LLC
1647 Stewart St, Santa Monica, CA 90404
Attn: Business & Legal Affairs
dmca@starz.com
13.3 Disclaimer. Please note that while Starz seeks to preserve any and all exemptions from liability that may be available under copyright law, this is not a stipulation that Starz is a service provider as defined in 17 USC section 512c or elsewhere in the law.
13.4 Investigation. After receiving a notification, we will process and investigate the notification and will take appropriate actions under applicable law. Upon receipt of a notification that complies or substantially complies with the above requirements, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that we have removed or disabled access to such material.
14. INTELLECTUAL PROPERTY
14.1 Ownership. As between you and Starz, the Platform is owned by Starz and/or its licensors and content and technology providers, and is protected by applicable domestic and international copyright laws.
14.2 Content / Starz IP. 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 Platform. Any and all underlying patentable or copyrightable elements (or elements protectable as trade secrets or otherwise under intellectual property laws) related to the Platform, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data, and other sets of statements and instructions contained in the Platform will be considered the property of Starz ("Starz IP") and Starz retains all rights to such Starz IP, including all copyrights, trademarks, and proprietary rights. All rights not granted in these Terms of Use are reserved, and there are no implied licenses.
14.3 Starz Marks. STARZ, ENCORE and all related registered and unregistered trademarks and service marks ("Starz Marks") are the property of Starz Entertainment, LLC. Certain characters, logos, names, and images incorporated by Starz Entertainment, LLC on the Platform are also protected as registered or unregistered trademarks, trade names, and/or service marks and are the property of their respective owners. The Starz Marks, Content, and Starz IP may not be used without the express written permission of Starz.
15. FORWARD LOOKING STATEMENTS
15.1 Disclaimer. The Platform may contain forward-looking statements regarding Starz'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.
16. EXPORT RESTRICTIONS; GEOGRAPHICAL RESTRICTIONS
16.1 Export Laws. You agree that you will comply with 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 to allow the export or re-export of, the Service in violation of any such law, restriction, or regulation.
16.2 Geographical Restrictions. The Platform is controlled and operated by Starz from the United States. We do not represent or warrant that the Platform or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. THIRD-PARTY SITES
17.1 Third Party Sites. The Platform contains or may contain links to third-party internet sites services, and content, including, without limitation, Social Media Sites ("Third-Party Content"). Starz does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness, quality, practices, or policies of such Third-Party Content. Starz 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. You further acknowledge and agree that Starz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content and you irrevocably waive any claim against us with respect to such sites.
17.2 Linking. You are not permitted to link to the Platform from any third-party site without the prior written permission of Starz.
17.3 Social Media. The Platform may provide you with the opportunity to connect and/or link your STARZ Account to certain third party social media sites ("Social Media Sites"). Those Social Media Sites may have their own terms of use and privacy policy applicable to the use of those Social Media Sites. If you choose to connect or link your STARZ Account to any Social Media Site via the Platform, you may be sharing your information with those Social Media Sites. If you do not want information about you to be shared in this manner, do not connect or link your STARZ Account to any Social Media Site(s). Social Media Sites may not be required to comply with these Terms of Use.
18. ASSIGNMENT
18.1 You may not assign your rights and obligations under the Terms of Use for any reason. Starz may assign its rights and obligations under the Terms of Use at any time.
19. DISCLAIMER OF WARRANTIES
19.1 YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. NEITHER STARZ, ITS DISTRIBUTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR THE LIKE, WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY, RELIABILITY, SECURITY, OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE PLATFORM, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY DESIRED OUTCOME, BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY CONTENT. THE PLATFORM AND ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL ELEMENTS OF ANY SOFTWARE RELATED THERETO, ARE 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, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY STARZ, ANY OF ITS DISTRIBUTORS, 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.
20. LIMITATION OF LIABILITY
20.1 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL STARZ, ITS DISTRIBUTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PLATFORM, SERVICE, SITE, CONTENT, OR FEATURES 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 PLATFORM, OR FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, LOSS PROFITS, COSTS OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, DESTRUCTION, OR UNAUTHORIZED ACCESS, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE, WHETHER ARISING IN TORT, CONTRACT, STRICTLY LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STARZ HAS BEEN ADVISED OF THE POSSIBILITY. THE ABOVE LIMITATIONS OF LIABILITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ASSUME THE RISK IN USING THE PLATFORM AS WELL AS RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE AGGREGATE AND CAPPED AT THE AMOUNT PAID, IF ANY, BY YOU, SOLELY FOR THE PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. YOU AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THIS AGREEMENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON'S ABILITY TO ACCESS, ANY PORTION OF THE PLATFORM.
21. TIME LIMITATIONS FOR CLAIMS
21.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE PLATFORM OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND STARZ ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
22. INDEMNIFICATION
22.1 Indemnification Requirements. You agree to indemnify and hold harmless Starz, 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: (i) your breach of any of the provisions, representations, or warranties set forth in these Terms of Use, (ii) from any and all use of the Platform, (iii) from any and all use of your STARZ Account in violation of the Terms of Use or the failure to fulfill any obligations relating to your STARZ Account incurred by you or any other person using your STARZ Account, and/or (iv) your User Content. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. You will cooperate as fully and as reasonably required in Starz's defense of any claim and grant control of the defense and settlement to Starz.
23. FORCE MAJEURE
23.1 Force Majeure. Starz 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 Force Majeure (as hereinafter defined). For the purposes of the Terms of Use, "Event of Force Majeure" will mean any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
24. ELECTRONIC COMMUNICATIONS
24.1 When you use the Platform, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by email, text, in-app push notifications, or by posting notices and messages on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically. For more information as to how we communicate with you, please review our Privacy Notice at https://www.starz.com/privacy. If you no longer want to receive non-transactional communications, you may unsubscribe at any time using the link at the bottom of the electronic communication.
25. DISPUTE RESOLUTION, ARBITRATION, CLASS-ACTION WAIVER, JURY WAIVER
25.1 Disputes. The terms of this Section 25 shall apply to all Disputes between you and Starz. For the purposes of this Section, "Dispute" shall mean any dispute, claim, controversy or action between you and Starz arising under or relating to your use of the Platform, these Terms of Use, or any other transaction involving you and Starz, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND STARZ AGREE THAT "DISPUTE" AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR STARZ FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; OR (4) TRADEMARK INFRINGEMENT OR DILUTION.
25.2 Binding Arbitration. You and Starz agree: (1) to arbitrate all Disputes between you and Starz pursuant to the provision of these Terms of Use; (2) these Terms of Use memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. subs 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms of Use. For any action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in (i) the State courts of Los Angeles county, California or (ii) the United States District Court for the Central District of California.
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25.2.1 Dispute Notice. In the event of a Dispute, you or Starz must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the "Dispute Notice"). The Dispute Notice to Starz must be addressed to Starz Entertainment, LLC, 1647 Stewart St, Santa Monica, CA 90404 ("Starz Notice Address"). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. Following submission and receipt of the Dispute Notice, each party agrees to act in good faith to seek to resolve the Dispute before proceeding to arbitration. The parties will work in good faith to resolve the Dispute for 60 days after a complete Dispute Notice is received. Arbitration may not be initiated until this informal process concludes.
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25.2.2 Pre-Arbitration Conference. During the 60-day good faith negotiation period, we will meet via telephone or videoconference, in a good-faith effort to confer with each other and try to informally resolve the Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. Any statute of limitation relevant to a Dispute under applicable law shall be tolled from the date of receipt of a completed Dispute Notice, through and including the foregoing negotiation period, and continuing until final resolution of any arbitration proceeding, unless the party providing the Notice withdraws or abandons the Dispute at any point, or the arbitration proceeding is withdrawn or dismissed. Failure to complete the requirements of the 60-day good faith negotiation period is grounds for dismissal of any arbitration proceeding.
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25.2.3 Initiation of Arbitration. Any Dispute that the parties cannot resolve through the 60-day good faith negotiation period must be brought on an individual basis and will be resolved exclusively by final and binding arbitration ("Arbitration") before an arbitrator mutually selected by the Parties (the "Arbitrator). You may initiate an Arbitration by sending a demand that includes all of the information required in the Notice to the Starz Notice Address. The parties will meet and confer in good faith to select an Arbitrator and applicable fee schedule subject to Section 25.6 herein. The Arbitrator must have experience with the subject matter of the Dispute. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in this Agreement. If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the state or federal courts in the county and state where you reside, to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.
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25.2.4 Arbitration Fees. You shall not be required to pay a filing fee greater than the then-current fee to file a civil complaint in federal court. Except as otherwise provided by law or this Section 25, each party bears its own attorneys' fees and costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost prohibitive, regardless of the outcome of the Arbitration. However, if the Arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you shall reimburse us for any fees and costs that were advanced by us on your behalf. You may hire an attorney to represent you in Arbitration. You may only recover your attorneys' fees and costs in the Arbitration if (i) the Arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case or (ii) the Arbitrator finds that any Dispute we bring against you was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding anything in this Arbitration Agreement to the contrary, we will pay all fees and costs that we are required by law to pay.
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25.2.5 Arbitration Procedure. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered pursuant to the most recent version of the American Arbitration Association ("AAA") Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (the "AAA Rules"), with the exclusion of any associated fee schedules and as modified by the version of this arbitration provision that is in effect when you notify us about your Dispute, unless the parties mutually agree to use an arbitration provider other than the AAA. The selection of the AAA Rules is meant to govern procedural issues only, and such selection does not mean that AAA will administer the Arbitration or appoint the Arbitrator. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org). If there is a conflict between this arbitration provision and the rest of these Terms, this arbitration provision shall govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision shall govern. A single Arbitrator will resolve the Dispute. Unless you and we agree otherwise, any Arbitration hearing will take place at a location convenient to you in the in the county where you reside when you notify us of your Dispute. The parties may mutually agree that the Arbitration be conducted via electronic or telephonic means, including via the submission of documents only through a desk Arbitration as described in the AAA Rules. The Arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect other confidential or proprietary information. The Arbitrator shall issue a reasoned written decision that explains the Arbitrator's essential findings and conclusions. The Arbitrator's award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the Arbitrator's award. An Arbitrator's award that has been fully satisfied shall not be entered in any court.
25.3 Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court's jurisdiction and is pending only in that court; provided, however, that you must first satisfy the Dispute Notice and Pre-Arbitration Conference requirements of Sections 25.2.1 and 25.2.2 above before bringing such an action,.
25.4 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND STARZ AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND STARZ AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
25.5 WAIVER OF JURY TRIAL. WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND STARZ EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.
25.6 Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms of Use by sending a written letter to Starz at Starz Entertainment, LLC, 1647 Stewart St, Santa Monica, CA 90404 within thirty (30) calendar days of your initial agreement to these Terms of Use (including your first use of the Platform). The letter must be signed personally by you or your legal guardian and specify: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms of Use shall continue to apply.
25.7 Amendments to this Section. Notwithstanding any provision in these Terms of Use to the contrary, you and Starz agree that if Starz makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms of Use, Starz will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Starz Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms of Use, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
25.8 Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms of Use remaining in full force and effect. The terms of this Section shall otherwise survive any termination of these Terms of Use.
25.9 Exclusive Venue for Other Controversies. Starz and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, County of Los Angeles, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
26. CALIFORNIA CONSUMER NOTICE
26.1 Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Platform is provided by Starz Entertainment, LLC, 1647 Stewart St, Santa Monica, CA 90404. If you have a question or complaint regarding the Platform, please contact us by writing to Starz Entertainment, LLC, 1647 Stewart St, Santa Monica, CA 90404. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
27. MISCELLANEOUS
27.1 Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California without regard to conflict of laws provisions.
27.2 Entire Agreement; Severability; Waiver; Independent Relationship. These Terms of Use set forth the nature and extent of your relationship with Starz as it pertains to the Platform. These Terms of Use are binding upon and inure to the benefit of Starz and you, and Starz's successors and assigns, if any. If any provision of these Terms of Use is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of the Terms of Use. 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 and you. Nothing contained in the Terms of Use will constitute or enable the development of a joint venture, partnership, any employee/employer or independent contractor relationship, or any other commercial relationship (except as seller and customer) between you and Starz. 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 Platform. You agree that your use of the Platform enables you to enter into agreements and/or to make purchases electronically.
27.3 Survival. 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, including, but not limited to Section 4 (Subscriptions), Section 5 (Recurring Subscription, Payment, Pricing, Cancellation, Refunds & Promotional Offers), Section 6 (License, Restrictions & Termination), Section 12 (User Submissions), Section 14 (Intellectual Property), Section 19 (Disclaimer of Warranties), Section 20 (Limitation of Liability), Section 21 (Time Limitations for Claims), Section 22 (Indemnification), and Section 25 (Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver).
27.4 App Store Terms. If you download, access and/or use the Platform from Apple's App Store or another third-party application platform (e.g. Google) (collectively, a "Third-Party App") you acknowledge and agree that: (i) these Terms are between you and Starz, and not with the Third-Party App; (ii) the Third-Party App is not responsible for the Platform; (iii) the Third-Party App has no obligation at all to provide any support or maintenance services in relation to the Platform, and if you have any maintenance or support questions in relation to the Platform, please contact Starz; (iv) any claims related to use of the Platform are between you and Starz and the Third-Party App is not responsible for addressing any claims, including, but not limited to product claims, any claim arising under consumer protection, privacy, or similar legislation, and any claim that the Platform fails to conform to any applicable legal or regulatory requirement; (v) in the event of any claim by a third-party that your possession or use of the Platform infringes any intellectual property rights, the Third-Party App will not be responsible or liable to you in relation to that claim; (vi) your use of the Platform will comply with any applicable terms of agreement with the Third-Party App and you will not use the Platform in any manner that is in violation of or inconsistent with usage rules set forth by the Third-Party App; (vii) your license to use the Platform is limited to a non-transferable license to use the Platform on a device that you own or control, as permitted by the terms of your agreement with the Third-Party App, except that such Platform may be accessed and used by other accounts associated with the purchaser of the device via family sharing, volume purchasing, or legal contacts, and (viii)the Third-Party App is a third-party beneficiary under these Terms and will have the right to enforce these Terms against you. If you download the Platform to a Third-Party App device, in the event of any failure of the Platform to conform to any applicable warranty, you may notify the Third-Party App, and the Third-Party App will refund the purchase price. To the maximum extent permitted by applicable law, the Third-Party App will have no other warranty obligation whatsoever with respect to the Platform.
27.5 Text Messages. You can opt in to receive text messages from Starz related to special offers and promotions,
transactional alerts, and important updates regarding your account. You can opt-out of these text messages at any time by texting STOP to
any text message from us. After you opt out, we will send you a final text to confirm that you have been unsubscribed. After this, you
will no longer receive texts from us. If you want to receive text messages again, you will need to sign up as you did the first time. If
you are experiencing issues with texting us, you can reply with the keyword HELP for more assistance. Carriers are not liable for delayed
or undelivered messages. Standard message and data rates may apply. Message frequency will vary. If you have any questions about your
text plan or data plan, it is best to contact your wireless provider. For information on our privacy practices, please see our Privacy
Notice.
Contact. For questions, please contact privacy@starz.com.