TERMS OF SERVICE
FOR THE STARZ.COM WEBSITE
IMPORTANT! PLEASE READ THIS CAREFULLY. THIS WEBSITE IS DESIGNED FOR AND TARGETED TO ADULTS THAT ARE RESIDENTS OF THE UNITED STATES OF AMERICA AND ITS TERRITORIES AND POSSESSIONS ("U.S.") WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. IN ORDER TO USE AND ACCESS THE FEATURES AND SERVICES PROVIDED BY THIS WEBSITE YOU MUST BE 18 YEARS OF AGE OR OLDER (OR WHATEVER THE APPLICABLE AGE OF MAJORITY (LEGAL ADULTHOOD) IS WHERE YOU ARE LOCATED). IF YOU ARE NOT AN ADULT, OR IF YOU DO NOT RESIDE IN THE U.S., PLEASE STOP AND DISCONTINUE YOUR USE OF THIS WEBSITE. BY USING THE STARZ.COM WEBSITE YOU ARE UNCONDITIONALLY AGREEING TO THESE TERMS OF SERVICE, TOGETHER WITH THE PRIVACY POLICY (WHICH, FOR THE PURPOSES OF THESE WEBSITE TERMS OF SERVICE ONLY, TOGETHER WILL BE REFERRED TO AS THE "SITE AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS SITE AGREEMENT, PLEASE DO NOT USE THE SITE.
INTRODUCTION
Thank you for visiting the starz.com web sites, located at www.starz.com ("Site"). The Site is owned, operated and/or managed by Starz Entertainment, LLC ("Starz").
Starz reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Site, or any provision of the Site Agreement, in whole or in part, at any time. Changes to the Site Agreement will be effective when posted. Without obligation to do so, Starz may also notify you of such changes via email or through messaging on the Site. You nevertheless agree to periodically review the copies of the Site Agreement posted so that you are aware of any changes. Your continued use of the Site in any way after any changes to the Site or the Site Agreement are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
1. OWNERSHIP AND COPYRIGHT
As between you and Starz, the Content, the Site, the Site Content, are owned by Starz and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. As used herein, "Content" means any and all motion pictures, live action or animated programs or episodic series, sports or music content offered as products streamed and/or downloaded from the Site. "Site Content" means any and all other human readable audio and/or visual elements of the Site created or owned by Starz, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, movie trailers or episodic works, home movies and digital photography), designs, logos, information and other content made available through the Site by either Starz on its own, or by Starz in concert with third parties, whether part of the design of the Site or otherwise. Any and all underlying patentable or copyrightable elements (or protectable as trade secrets or otherwise under intellectual property laws) of the Site, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in the Site will be considered the "Site Code."
Unless expressly permitted by Starz, you will not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit in whole or in part any Content, Site Content or Site Code. Any violation of copyright or other intellectual property laws may result in severe civil and criminal penalties.
2. GRANT OF RIGHTS; RESTRICTIONS ON USE
Starz hereby grants you a limited, non-exclusive, non-transferable license to access, use and privately display or exhibit the Site, Site Code, Site Content and the Content in accordance with the Site Agreement. Starz grants you this limited license for your personal use, and not for any commercial purpose. The use of the Content, the Site, the Site Content or the Site Code for commercial purposes is unauthorized and may constitute infringement. This license does not include any rights to: (1) sell, resell, lend, lease, rent or otherwise commercially use this Site, the Content, Site Content, Site Code or any other material or information contained therein; (2) collect or use any product listings, descriptions or any prices for any reason; (3) create derivative works from the Content, Site Content, Site Code or any other materials or information contained therein; (4) download or copy account information of any third party for the benefit of another merchant; or (5) use data mining, robots, or other data gathering and extraction tools. Except as provided herein, you may not frame or utilize framing techniques to use, surround or enclose the Starz name, the Content or any trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of Starz, and/or our affiliates or subsidiaries or Content providers without Starz' express written consent. You may not use any meta-tags or any other "hidden text" utilizing Starz, Starz' affiliates, subsidiaries or Content providers, or any tradenames or trademarks or other copyrighted materials relating thereto, without the express written consent of Starz.
3. RESTRICTIONS ON USE OF THE SITE AND SITE CONTENT
You may not and you hereby agree that you will not: (1) use the Site for public exhibition of the Content; (2) reverse engineer, decompile or disassemble any files containing the Site Code, the Site Content or the Content or otherwise attempt to "crack" the files or obtain their source code; (3) remove or alter any copyright, trademark or other proprietary notice contained in any computer file in which the Content or Site Content is contained or the Content or Site Content itself; or (4) use the Site Content or the Content in any manner not set forth in this Agreement. Further, as a condition of your use of this Site, you represent and warrant that you will not use the Site, or any of its component Content, Site Content or Site Code for any purpose that is unlawful or prohibited by the Site Agreement. If you breach any of these covenants, your authorization to use the Site will automatically terminate and civil and criminal penalties may apply.
4. COPYRIGHT NOTICE
If you are under the good faith believe that any materials or information on the Site have been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is located;
4. 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;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Starz Entertainment, LLC
8900 Liberty Circle
Englewood, Colorado 80112
Attn: Copyright Agent
By this filing, Starz does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available to it under the copyright law or otherwise. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Digital Millennium Copyright Act of 1998 (the "DMCA") permits you to send Starz a counter-notice pursuant to the statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If we receive a proper notification (or if we believe in our sole and absolute discretion) that any materials submitted or posted by you allegedly violate another person's or entity's rights, we reserve the right to withdraw and remove the affected material from our Site, at any time in our absolute discretion with or without notice. You can find more information about the DMCA on the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.
5. TRADEMARK NOTICE
Starz, Encore and all related registered and unregistered service marks ("Starz Marks") are the property of Starz Entertainment, LLC. Some of the characters, logos or other images incorporated by Starz Entertainment, LLC on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks and are the property of their respective owners.
The Starz Marks may not be used without the express written permission of Starz. The Starz Marks may not be used in connection with any product or service other than as expressly permitted by Starz in writing, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Starz, its parent and affiliated companies, the Site or any other product or service of Starz or its parent and affiliated companies. You gain no right to use any Starz Marks or those of any other entity by virtue of your use of the Site.
6. MARKETING, PERSONAL DATA COLLECTION
From time to time, Starz may collect and use certain personally identifiable information and non-personally identifiable information about you for marketing purposes, including use in connection with Newsletters, Send-To-A-Friend services. These uses are described more fully in the Privacy Policy. By using this Site, you represent and agree that you have read and understood the Privacy Policy and consent to the use of your personal information by Starz and its affiliates and third party representatives, if any, in accordance with the terms thereof and for the purposes set forth therein.
7. PRODUCT DESCRIPTIONS
Starz, its affiliates and Content partners attempt to describe its products as accurately as possible. However, Starz, its affiliates and Content partners do not warrant that the product descriptions pertaining to the Content or Site Content is accurate, complete, reliable, current or error-free.
8. PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS
Features, specifications, services and/or prices offered from the Site may change at any time without notice and Starz does not provide price protection or refunds in the event of a price drop or a promotional offering. Special product or service offerings and promotions displayed on the Site are considered no longer valid once they are removed from the Site. Additionally, all offerings and promotions are subject to change or cancellation at any time without notice. You may register only once for special offers or trial offers, and you agree not to register multiple times for the same special offer or trial offer using multiple names, email addresses or other devices designed to circumvent this limit.
9. TERMINATION
You may terminate your use of the Site at any time. Your right to use the Site will automatically terminate if you fail to comply with any provision of this Site Agreement. If your relationship with the Site is terminated due to your actions or inactions, you must cease all use of the Site.
10. FORUM SERVICE RULES
From time to time, Starz may make various chat rooms, message boards, or other interactive forums ("Forums") available to consumers to communicate with other Site users and Starz. You may post comments, content, submit suggestions, ideas, questions, or other information to the Site community and its Forum and other interactive areas, so long as such content complies with the following Forums Service Rules. If the Forums Service Rules are not acceptable to you, you should immediately discontinue your use of the Forums. Use of the Forums is limited to participants aged 18 and over.
To participate in the Forums you must register through your My Starz account. Please keep in mind when choosing a screen name and filling out your My Starz account profile that whenever you post to a message board your screen name, and a link to your profile and online status, will automatically appear with your post. (Note: Options to hide certain fields are available in the user profile.) Don't EVER give out your real age, full name, gender, home address, phone number or other personal information to anyone you meet in a Forum. We may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.
Starz utilizes moderators ("Moderators") for the Forums who may provide answers to some questions. Only the Moderators are authorized representatives of Starz on the Forums. Starz employees who are not assigned as Moderators are not authorized to represent themselves on a Forum as Starz employees, and do not provide official Starz responses to questions. Starz is not responsible for content provided by any Starz employee who is not designated as a Moderator.
Starz generally does not pre-screen, verify or edit the content posted by users in the Forum. However, Starz and its agents reserve the right to investigate any violation of the Forum Service Rules and the Site Agreement and to take appropriate remedial action. Starz has absolute discretion to enforce the terms of these documents, including, but not limited to warning users of violations, disabling or suspending Forum access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Forum Service Rules or the Site Agreement. If it is deemed necessary to delete content for violation of the Forum Service Rules, the entire thread, including the original post and all replies, may be deleted. Starz Forum Moderators generally will not edit users' posts to remove content; however, at their sole discretion, they may request that a user edit a post to delete the objectionable content and resubmit it. Starz also may release information concerning your use of a Forum (including posted content, registration information, and network records) when Starz believes release is necessary or appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply Starz's Site Agreement including these Forum Service Rules; to protect Starz's rights or property, or to protect Site users from fraudulent, abusive, or unlawful use of a Forum; or if Starz reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. To report violations of the Forum Service Rules, please submit your comments through the "Report Abuse to a Moderator" link available at the end of each forum posting. Please include the message board name, the post's subject, the post author screen name, the link of the post in question and any other applicable information in your email.
You are entirely responsible and liable for all activities conducted by you and any authorized user of your My Starz account while utilizing a Forum, 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 Forum. Listed below are some, though not all, violations that may be punishable by law or may also result in Starz terminating or suspending your access to a Forum or the Site. You agree not to do any of the following actions while using any Forum:
1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum or Site user or other individual or entity;
2. Transmit any content considered to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, libelous, racially, ethnically or otherwise objectionable;
3. Transmit any content that seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4. Cause any Forums, or a party's use of the Site, to be disrupted by uploading, posting, or otherwise transmitting scripts, viruses, or other programs designed to inhibit the functionality of or destroy any software or hardware connected to the Forums or the Site;
5. Impersonate in any of the Forums any person, including, but not limited to, a Starz or Site official, chat or message board leader, guide or host or expert or otherwise manipulate headers or footers to disguise the origin of the content;
6. Disrupt the normal flow of dialogue in a Forum, or otherwise act in a manner that negatively affects other participants;
7. Post topics unrelated to the specific subject of the Forum including but not limited to rumors or speculations about existing or unreleased Site releases or Starz products or services, discussions of Starz policy and procedures, and non-constructive complaints or petitions;
8. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation of a commercial nature while using the Forums or Site;
9. Intentionally or unintentionally violate the Site Agreement or any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any of the Forums or Site;
10. Invade the privacy or violate any personal or proprietary right or interest of any person or entity; and
11. Infringe the intellectual property rights or similar rights of any party, including, but not limited to, copyrights and trademarks, of any person or entity. Please Section 1 of the Terms of Service for additional copyright information.
By posting or uploading personal content to any Forum ("Forum Content") (except where Starz has expressly solicited submissions of content and those submissions are expressly governed by separate terms appearing elsewhere on the Site, in which event those additional terms will determine how Starz will treat your content), you automatically grant (or warrant that the owner of such rights has expressly granted) Starz a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, edit, adapt, morph, scan, publish, translate, transmit, sub-license, create derivative works from and distribute such materials or incorporate such Forum Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that the Forum Content as uploaded or posted by you does not violate any person's so called "Rights of Authors" or "Moral Rights" (Droit Morale) (or other similar or analogous rights under any applicable laws of any country of the world).
You understand that the uploading to and/or posting of any Forum Content, using any Forum or using the Site will not be subject to any obligation of confidence on the part of Starz, and Starz will not be liable for any use or disclosure of any such Forum Content. Further, the views expressed in the Forum Content are not endorsed by Starz and Starz will bear no liability for their exhibition or publication.
Some Forums permit users to post hypertext links to content hosted and maintained by third parties. Although linked sites are not generally reviewed by Moderators, links are subject to treatment like any other type of content posted to a Forum. You may not include a link in a Forum that directs users to any content or information that, if posted in a Forum, would constitute a violation of these Forum Service Rules. Linked sites are not moderated by Starz, are not under Starz's control and your access to any linked site is at your own risk. You should use your own judgment before you use any link or access any linked site. When leaving a Forum using any link provided by a user, you should be aware that Starz's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. If you access a linked site and find that materials to be in violation of these Forum Service Rules, you may report the link as described below. Starz makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from a Forum. The ability to include links is provided only as a convenience to you, and the inclusion of any link by a user of a Forum does not imply affiliation, endorsement, or adoption by Starz of the linked site or any information contained therein.
The Forums have been designed primarily for personal use and is not intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet. My Starz accounts are also not intended to be used for FTP (File Transfer Protocol) access and downloading. Violations may result in termination of your My Starz account. Failure to terminate on the first instance of a violation will not be considered a waiver of the right to do so on future occasions.
Users may not post any information designed to promote or generate revenue for any business activity. The types of commercial or business uses that are prohibited in the Forum and in connection with the use of your My Starz account include the following:
1. Soliciting for advertisers or sponsors;
2. Soliciting participation in non-Starz sponsored surveys, polls, forums or promotions of any type;
3. Posting sponsorships and third-party advertisements and banners;
4. Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other Site users;
5. Reselling, renting or subleasing Site space under any circumstances;
6. Linking to or promoting any product or service that competes with Starz's products and services;
7. Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding Site users other than for personal, non-commercial purposes; and
8. Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters.
You agree to indemnify Starz and all of its affiliates, subsidiaries and assigns, for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading to and/or exhibiting any Forum Content on the Site or your failure to comply with the Forum Service Rules. While Starz does not and cannot regularly review Forum Content posted by users of the Site and is not responsible for the contents or subject matter of these submissions, Starz reserves the right to delete, move, take down, restrict access to or edit Forum Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person's rights of privacy or publicity or otherwise unacceptable for any reason, and/or violates the terms of these Forum Service Rules.
11. CONFIDENTIAL AND PROPRIETARY INFORMATION
Please refer to our Privacy Policy for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Site. By accessing, using or browsing this Site, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy. If you do not agree with our Privacy Policy, do not use this Site. You agree not to try to access and not to access any information through the Site which 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 of the unauthorized access, and assist Starz 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 immediately, will not transmit it to any other person or entity and will not return it in any electronic or other form.
12. USER SUBMISSIONS
Starz 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 Site provided for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to Starz through the Site (collectively, the "Submission") will forever be the property of Starz. Starz 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 products, services or operations. Without limitation, Starz will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. Starz 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, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
13. POLICIES FOR INDIVIDUALS UNDER THE AGE OF 13
Starz encourages the responsible use of the internet by children together with their parents and to that end, Starz does not knowingly collect or use any personally identifiable information submitted or posted to the Site from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information.
14. ACCURACY AND INTEGRITY OF INFORMATION; AVAILABILITY OF SITE
Although Starz attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the information provided on the Site or the Site's availability at any time. Information contained on the Site may be changed or updated without notice.
15. FORWARD LOOKING STATEMENTS
The Site may contain forward-looking statements regarding Starz' 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. ASSIGNMENT
You may not assign your rights and obligations under this Site Agreement for any reason. Starz may assign its rights and obligations under this Site Agreement at any time. In the event Starz elects to assign its rights and obligations hereunder, Starz will notify consumers either via email notice and/or written notice, as determined by Starz in its sole discretion.
17. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER STARZ, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY STARZ, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR WILL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL STARZ, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, 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 SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION. ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT(S) WHICH GAVE RISE TO THEM OR THEY ARE BARRED. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
18. THIRD PARTY SITES
This Site contains links to other Internet sites, resources and/or sponsors of the Site. Starz does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness or quality of the sites themselves or content contained in these outside sites. Providing links to these outside sites does not constitute Starz' approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policy posting on the non-Starz sites after linking to them.
19. MISCELLANEOUS
This Site Agreement, together with the Starz Privacy Policy sets forth the nature and extent of your relationship with Starz Entertainment, LLC as it pertains to the Site. This Site Agreement will be binding upon and inure to the benefit of Starz and you, and Starz' successors and permitted assigns, if any. If any provision of this Site Agreement is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this Site Agreement. Any waiver of any breach or failure to enforce any provision of this Site Agreement will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver of any provision of this Site Agreement will be effective only if it is in writing and signed by Starz and you. Nothing contained in the Site Agreement 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 reseller and customer) between you and Starz. This Site Agreement will be governed by the laws of the United States and the State of Colorado, irrespective of Colorado's conflict or choice of law rules. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in Denver, Colorado, and Starz and you irrevocably consent to the jurisdiction of such courts and venue in Denver, Colorado. This Agreement constitutes the entire agreement between Starz and you with respect to the subject matter of this Agreement. Those provisions of this Site Agreement, which by their nature should survive expiration or termination of this Agreement, will survive such termination.
REVISED 10/7/2010