Effective Date: July 13, 2023
Last Updated: July 13, 2023
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1. ACKNOWLEDGMENT & AGREEMENT
3. ARBITRATION NOTICE
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND STARZ CONCERNING YOUR ACCESS OR USE OF THE PLATFORM WILL BE RESOLVED BY BINDING ARBITRATION (AS DETAILED BELOW IN SECTION 26), AND THAT YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION, TO PARTICIPATE IN A CLASS-WIDE ARBITRATION, AND TO A JURY TRIAL. FOR MORE INFORMATION ABOUT THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 26 BELOW.
4. ACCESS REQUIREMENTS
4.1 In order to access and use the Platform, you must meet the following access requirements ("Access Requirements"):
4.1.1 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;
4.1.2 you must reside within the fifty states of the United States of America ("US"), the District of Columbia, or US territories ("Service Area");
4.1.3 to access the Service, you must have a STARZ account ("STARZ Account"), and you must have an active subscription ("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("Distributor");
4.1.4 if you access the Service through a Subscription with a Distributor, you must activate your Subscription; and
4.1.5 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.
5.1 Direct-to-Consumer Subscription. You may purchase a direct-to-consumer Subscription to STARZ 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 Subscription 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.
5.2 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.
5.3 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.
5.4 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.
6. RECURRING SUBSCRIPTION, PAYMENT, PRICING, CANCELLATION, REFUNDS & PROMOTIONAL OFFERS
6.1 Recurring Subscription. Subject to Section 6.8 (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, the Subscription Fee will be charged to your Payment Method on a recurring basis according to your designated billing cycle unless your Subscription is cancelled in accordance with Section 6.8 (Cancellation).
6.2 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 ("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 you fail to timely pay the Subscription Fee, each of Distributor and Starz reserves the right to suspend your account (if any) and access to the Platform until such time that all Subscription Fees due have been paid. We also may pursue or permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your Subscription. Except as specified in Section 26 (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.
6.4 Pricing. Pricing for the Service may vary and Starz or Distributor may change the price for a Subscription to the Service at any time subject to Starz and such Distributor's policies, and in compliance with applicable law.
6.5 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.
6.6 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 subscribed to the Service through: (a) Starz, you may cancel your Subscription to STARZ 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.
6.7 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 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.
7. LICENSE, RESTRICTIONS & TERMINATION
7.1.1 install and make non-commercial, personal use of the Platform; and
7.1.2 stream or temporarily download the Content available to you on the Platform.
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.
7.2 Restrictions. Notwithstanding the License, you are not permitted to do any of the following:
7.2.1 sell, resell, lend, lease, rent, or otherwise commercially use the Platform, or any material or information contained therein;
7.2.2 collect or use any information, data, listings, or descriptions of the Platform for any reason;
7.2.3 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);
7.2.4 create derivative works from the Platform or any materials or information contained therein;
7.2.5 download or copy STARZ Account information of any third party;
7.2.6 use data mining, robots, or other data gathering and extraction tools on the Platform;
7.2.7 distribute, transfer, or post any Content on any third party website, online service, or other medium;
7.2.8 modify, adapt, create derivative works from, or translate any part of the Platform;
7.2.9 reverse engineer the Platform, decompile or disassemble the Platform, otherwise attempt to obtain unauthorized access to the Starz IP (as defined in Section 15.2), or attempt, or encourage or assist any other person, to take any of the above actions;
7.2.10 remove or alter any copyright, trademark, or other proprietary notice contained in the Platform;
7.2.11 display or share the Platform for public use;
7.2.12 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;
7.2.13 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;
7.2.14 allow any third party to use your STARZ Account; or
7.2.15 reveal your email and password or Payment Method to anyone.
7.3.1 change or discontinue the Platform;
7.3.2 remove or change Content;
7.3.3 change the Platform;
7.3.4 restrict, suspend, or terminate your access to the Platform; and
7.3.5 deactivate your STARZ Account and delete all information in the STARZ Account.
8. PARENTAL CONTROLS & CONTENT
8.1 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.
8.2 Parental Controls: Parental controls ("Parental Controls") for the Service 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 Service, 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.
8.3 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.
8.4 Content Availability. It is your responsibility to review and monitor the access restrictions associated with each piece of Content available via the Service, 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.
9. DEVICE REQUIREMENTS, USAGE TERMS & UPDATES
9.1 Device Requirements. To see if the Service is available for your device see our "Support Center" link at www.starz.com.
9.2 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.
9.3 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.
9.4 Content Availability. The Service 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.
9.5 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.
10. CUSTOMER SERVICE
10.1 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.
11. PRIVACY NOTICE
12. INDIVIDUALS UNDER THE AGE OF 13
12.1 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.
12.2 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.
12.3 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 email@example.com.
13. USER SUBMISSIONS
13.1 Feedback. Within certain areas of the Platform we may invite you to provide us with feedback, comments, 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.
13.2 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.
13.3 Limitation of Liability. You acknowledge that you are responsible for all Feedback and Submissions 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 Feedback or Submission, and that Starz and its licensees, successors, and assigns are not responsible for the loss, deletion, failure to store, or mis-delivery of any Feedback or Submissions.
14. COPYRIGHT INFRINGEMENT POLICY
14.1 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:
14.1.1 the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
14.1.2 the identification of the copyrighted work that you claim has been infringed;
14.1.3 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;
14.1.4 your name, address, telephone number, and email address;
14.1.5 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
14.1.6 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.
14.2 Notices. All notices under Section 14.1 shall be sent to:
Starz Entertainment, LLC
8900 Liberty Circle
Englewood, CO 80112
Attn: Business & Legal Affairs
720.852.4100 or firstname.lastname@example.org
14.3 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.
14.4 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.
15. INTELLECTUAL PROPERTY
15.1 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.
15.3 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 may not be used without the express written permission of Starz.
16. FORWARD LOOKING STATEMENTS
16.1 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.
17. EXPORT RESTRICTIONS
17.1 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.
18. THIRD-PARTY SITES
18.1 Third Party Sites. The Platform contains or may contain links to other internet sites, including without limitation Social Media Sites. Starz does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness, quality, practices, or policies of such sites or content available from such sites. Starz does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.
18.2 Linking. You are not permitted to link to the Platform from any third-party site without the prior written permission of Starz.
20. DISCLAIMER OF WARRANTIES
20.1 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. 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, 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 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.
21. LIMITATION OF LIABILITY
21.1 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, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE. THE ABOVE LIMITATIONS OF LIABLITY 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 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.
22. TIME LIMITATIONS FOR CLAIMS
24. FORCE MAJEURE
25. ELECTRONIC COMMUNICATIONS
25.1 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/privacypolicy. 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.
26. DISPUTE RESOLUTION, ARBITRATION, CLASS-ACTION WAIVER, JURY WAIVER
26.3 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, 8900 Liberty Circle, Englewood, CO 80112 ("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 mediation and arbitration.
26.4 Pre-Arbitration Mediation. If Starz and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, the next step is a mediation between you and Starz. Completing this mediation is a condition precedent to initiating arbitration, meaning you and Starz must participate in good faith and complete this mediation before either you or Starz can seek to initiate an arbitration against the other. As is customary, both you and Starz must attend the mediation, and you and Starz will split equally the mediator's fees. You and Starz will make every effort to agree on a mutually acceptable mediator. In the event the parties are unable to agree, the mediator will be selected by the American Arbitration Association ("AAA") from its National Roster of Mediators.
26.5 Certification. If Starz and you are unable to resolve your dispute through the Pre-Arbitration Mediation described in Section 26.4 above, you or Starz may then commence an arbitration proceeding against the other. You and we agree that the party initiating arbitration must submit to AAA a certification that they have complied with and completed the Dispute Notice and Pre-Arbitration Mediation process set forth in Sections 26.3 and 26.4, and that they are a party to the Arbitration Agreement enclosed with the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). Neither party will be responsible for any arbitration-associated payments, including any applicable filing or initiation fees, until these requirements have been satisfied.
26.6 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 Mediation requirements of Sections 26.3 and 26.4 above before bringing such an action, and you must submit the Certification required by Section 26.5 above to the small claims court at the time you initiate the action.
26.7 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. EXCEPT AS PROVIDED FOR IN SECTION 26.12 BELOW, 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. ACCORDINGLY, EXCEPT AS PROVIDED FOR IN SECTION 26.12 BELOW, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. 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.
26.9 Initiation of Arbitration Proceeding. If either you or Starz decide to arbitrate a Dispute, we agree to the following procedure:
26.9.1 File or submit a Demand for Arbitration online at http://www.adr.org or by mail at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Ste. 100, Voorhees, NJ 08043.
26.9.2 Simultaneously send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
26.9.3 You may obtain more information about arbitration and how to file a Demand for Arbitration at www.adr.org.
26.10 Hearing Format. Unless otherwise agreed, the arbitration shall take place in Los Angeles County, California, but may proceed virtually in the event the total amount of the claim does not exceed $1,000 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Starz or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Starz is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration. If the Mass Filing process described in Section 26.12 is triggered, then the location of any hearing will be determined by the arbitrator.
26.11 Arbitration Fees. The fees and costs of the arbitration will be borne by the parties' according to AAA's then-applicable Consumer Fee Schedule.
26.12 Mass Filing. If, at any time, 25 or more claimants (including you) send Dispute Notices or otherwise seek to pursue Disputes raising similar claims against STARZ ("Mass Filing"), you agree to the following process and to application of the AAA Multiple Consumer Case Filing Fee Schedule. All arbitrations in this process shall be governed by the AAA Rules. You also understand and agree that, as a result of your choosing to participate in a Mass Filing, the resolution of your Dispute might be delayed.
26.12.1 Dispute Notice. You and we agree that before proceeding to mediation and arbitration, each Mass Filing claimant must first comply with the Dispute Notice requirements of Section 26.3 above. In the case of a Mass Filing, claimants may comply with that Section by submitting a single, consolidated Dispute Notice, provided that the Dispute Notice sets forth individualized information about each claimant required by Section 26.3.
26.12.2 Pre-Arbitration Mediation. If Starz and the Mass Filing claimants do not reach an agreement to resolve their Disputes within sixty (60) calendar days after the Dispute Notice(s) are received, the next step is a mediation between claimants and Starz. Completing this mediation is a condition precedent to initiating arbitration, meaning claimants and Starz must participate in good faith and complete this mediation before either claimants or Starz can seek to initiate an arbitration against the other. The mediation will be conducted as a single, global mediation of all claimants' claims. Each claimant may elect to be represented by counsel in lieu of appearing at the mediation, provided that each such claimant gives their counsel full settlement authority for the purpose of the mediation. Claimants and Starz will split equally the mediator's fees. Claimants and Starz will make every effort to agree on a mutually acceptable mediator. In the event the parties are unable to agree, the mediator will be selected by the American Arbitration Association ("AAA") from its National Roster of Mediators.
26.12.3 Certification. If Starz and you are unable to resolve your dispute through the Pre-Arbitration Mediation process described in Section 26.12.2 above, you or Starz may then proceed to the arbitration procedures outlined below. You and Starz agree that the side initiating arbitration must submit to AAA a certification that they have complied with and completed the Dispute Notice and Pre-Arbitration Mediation process set forth in Sections 26.12.1 and 26.12.2, and that they are parties to the Arbitration Agreement enclosed with the demand for arbitration. Claimants' counsel may sign the certification on behalf of claimants, provided that claimants' counsel has received written consent to sign from each claimant and signs the certification under penalty of perjury. Neither party will be responsible for any arbitration-associated payments, including any applicable filing or initiation fees, until these requirements have been satisfied.
26.12.4 Bellwether Claimant Selection. To initiate arbitration, if there are more than 200 total claimants, Starz and claimants will each select 20 claimants (a total of 40 claimants) to serve as bellwether claimants. If there are less than 200 total claimants, the parties will select 20% of that total as bellwether claimants, with each of Starz and claimants selecting half of the total (if necessary, the parties will round 20% of the total up to the next even number so that each of Starz and claimants is able to select precisely half of the "bellwether" claimants). Starz and claimants agree to work together in good faith to exchange information about claimants' claims reasonably necessary to inform the selection of a fairly representative cross-section of bellwether claimants. The bellwether claimants will then proceed to file arbitration demands with AAA. No other claimants may file arbitration demands with AAA, or otherwise seek to trigger claimants' or Starz's obligation to pay any arbitration-related fees. All limitations periods applicable to the claims of any claimants who are not selected as bellwether claimants will be tolled until the conclusion of the process described herein, including any appeals.
26.12.5 Bellwether Arbitration Process. All bellwether claimants' claims will be heard by a single three-arbitrator panel of former state or federal judges. AAA will supply a list of 40 arbitrators, all of whom are former state or federal judges. Each party shall receive fifteen (10) strikes. Claimants will make their strikes first, followed by Starz ten calendar days later. Claimants and STARZ will each pick one arbitrator from the remaining set of 20, and the third arbitrator will be selected from that set of 20 by mutual agreement of claimants and STARZ. If claimants and STARZ are unable to come to mutual agreement on the third arbitrator, AAA will select the third arbitrator from the set of 20. Pre-hearing dispositive motions will be permitted. The parties and the panel will be free to brief and adjudicate issues that apply to multiple bellwether claimants on a consolidated basis, and the panel will be free to issue consolidated decisions that decide those issues as to multiple claimants. The panel will have discretion whether to consolidate the claimants' claims for the purposes of the arbitration hearing or to hear each claimant's claims separately. Hearings will be in-person unless the parties agree otherwise. The panel will issue a written, reasoned decision for each bellwether case. If the panel determines that any bellwether claimants' claims are frivolous or brought in bad faith, the panel shall award damages to Starz in the amount of any mediation fees, arbitration fees, and other fees or costs (including attorneys' fees) that Starz incurred in connection with said claims.
26.12.6 Post-Bellwether Mediation. Within ninety (90) days of the date the final bellwether decision is issued, the parties will engage in a good-faith global mediation to attempt to resolve the remaining claimants' claims. The mediation will be conducted as a single, global mediation of all claimants' claims. Each claimant may elect to be represented by counsel in lieu of appearing at the mediation, provided that each such claimant gives their counsel full settlement authority for the purpose of the mediation. Claimants and Starz will split equally the mediator's fees. Claimants and Starz will make every effort to agree on a mutually acceptable mediator. In the event the parties are unable to agree, the mediator will be selected by the AAA from its National Roster of Mediators. Unless otherwise agreed, the mediation will proceed in person.
26.12.7 Claims Administration Process - Stipulations. If the mediation fails to resolve the remaining claims, the parties will proceed to the "Claims Administration" phase. In this phase, the three-arbitrator panel that decided the bellwether arbitrations will determine how the bellwether decisions should be applied to each of the remaining claimants' claims. No claimant will need to formally initiate arbitration in order to participate in the Claims Administration Process. The appropriate fees for administering this process will be determined in consultation with AAA and the arbitration panel. The three-arbitrator panel will treat the bellwether decisions as legally binding and res judicata as to all remaining claimants.
26.12.8 Claims Administration Process - Stipulations. The parties will work together in good faith to stipulate to how the bellwether decisions should be applied to claimants or groups of claimants, and the parties will submit any such stipulations to the arbitration panel. To the extent any such stipulations fully resolve remaining claimants' claims, the arbitration panel will be authorized to issue a written award to those claimants on the basis of said stipulations without the need for those claimants to formally initiate an arbitration.
26.12.9 Claims Administration Process - Disagreements. If there are any disagreements between the parties as to how the remaining claimants' claims should be decided, or the amount of an appropriate award, in view of the bellwether decisions, those disputes will be submitted to the arbitration panel for decision. The parties will be free to submit briefing, argument, and evidence to the panel on any legal or factual issues that may affect whether specific claimants or groups of claimants are entitled to a recovery and/or the appropriate amount of any such recovery. The panel may choose to hold a hearing or hearings on the disputes or to decide the disputes solely on the basis of the parties' written submissions. The panel will decide the appropriate award (if any) for each remaining claimant by applying ordinary legal principles and case law, i.e., the panel will follow the bellwether decisions in determining the appropriate recovery for each remaining claimant, but will be free to distinguish the bellwether decisions and to resolve issues not addressed by the bellwether decisions when legal or factual issues warrant. The panel will award each such claimant, if applicable, a recovery that is determined based on the merits of that claimant's claims in view of the binding and res judicata nature of the bellwether decisions. If the panel determines that any claims are frivolous or brought in bad faith, the panel must award damages to Starz in the amount of any mediation, arbitration, and other fees or costs (including attorneys' fees) that Starz incurred to adjudicate said claims.
26.12.10 Appeal. Following the conclusion of the Claims Administration Process, any party may appeal any bellwether decision or claims administration decision to a three-arbitrator panel of retired federal appellate judges. Notice of any such appeal must be given to the other parties within fifteen (15) business days of the conclusion of the Claims Administration Process. To select the appellate arbitration panel, AAA will supply a list of 20 arbitrators, all of whom are former federal appellate judges. Each party shall receive five (5) strikes. Claimants will make their strikes first, followed by Starz ten calendar days later. Claimants and STARZ will each pick one arbitrator from the remaining set of 10, and the third arbitrator will be selected from that set of 10 by mutual agreement of Claimants and STARZ. If Claimants and STARZ are unable to come to mutual agreement on the third arbitrator, AAA will select the third arbitrator from the set of 10. The appeal panel will apply federal appellate standards of review when reviewing the bellwether and claims administration panel's decisions. If the appeal panel remands any portion of any decision to the panel below, the panel below will adjudicate the remanded issues consistent with the Bellwether and Claims Administration Processes described above. If the remanded decision is a Bellwether decision, the panel will re-adjudicate the remanded issues in the affected bellwether(s), issue revised bellwether awards(s), and then proceed to revisit the Claims Administration Process outlined above for any other claims affected by the revised bellwether awards. If the remanded decision relates solely to the Claims Administration Process, then the panel will re-adjudicate the remanded issues according to the Claims Administration Process outlined above.
26.12.11 Awards. Awards (if any) will be paid after completion of the above-described process, including any appeals.
26.16 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.
27. CALIFORNIA CONSUMER NOTICE
27.1 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, 8900 Liberty Circle, Englewood, CO 80112. If you have a question or complaint regarding the Platform, please contact us by writing to Starz Entertainment, LLC, 8900 Liberty Circle, Englewood, CO 80112. 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.