TERMS OF USE

IMPORTANT!  PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY. These terms of use are a legally binding agreement between STARZ ENTERTAINMENT, llc (“starz,” “Us” or “We”) and you concerning THE: (1) STARZ Play, ENCORE Play AND MOVIEPLEX Play SERVICES (“SERVICES”); (2) WEBSITES LOCATED AT STARZPLAY.COM, ENCOREPLAY.COM AND MOVIEPLEX.COM ASSOCIATED WITH THE SERVICES (“SITES” ); AND (3) interactive features or downloads that are MADE available through OR INTERACT WITH the Services OR SITES (“FEATURES”). By UsING THE SERVICES, SITES AND FEATURES YOU ARE UNCONDITIONALLY AGREEING TO THE TERMS OF USE.  IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SERVICES OR THE SITES.

1.         ACCESS; USE.  In order to use and access the Services, Sites and Features you must meet the following access requirements (“Access Requirements”): (1) be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located); (2) you must reside within the fifty states of the United States of America ("U.S."), the District of Columbia, and certain US territories (“Service Area”); (3) you must be a subscriber through an authorized service provider (“Distributor”) of: (a) STARZ (with respect to STARZ Play); (b) ENCORE (with respect to ENCORE Play); and (c) MOVIEPLEX (with respect to MOVIEPLEX Play). References to “you” in this Agreement also include any household members that access and use a user account (“User Account”) established by you.  Use of a User Account by a household member indicates such household member’s acceptance of the Terms of Use.

2.         GRANT OF RIGHTS; RESTRICTIONS.  Starz hereby grants you a limited, non-exclusive, non-transferable license to access, use and privately display or exhibit the Services, Sites, Content (as defined in Section 3) and Features, solely within the Service Area, in accordance with the Terms of Use.  Starz grants you this limited license for your personal use only, and not for any commercial purpose.  The use of the Services, Sites, Content or Features 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 the Services, Sites, Content or Features or any other material or information contained therein; (2) collect or use any information, data, listings, or descriptions for any reason; (3) create derivative works from the Services, Sites, Features or Content or any other materials or information contained therein; (4) download or copy User Account information of any third party; (5) use data mining, robots, or other data gathering and extraction tools; (6) distribute, transfer, or post any Content on any third party website, online service or other media; (7) modify, adapt, create derivative works from or translate any part of the Services, Sites, Content or Features; (8) reverse engineer, decompile or disassemble the Services, Sites, Content or Features, or otherwise attempt to obtain access to the Starz IP (as defined in Section 3); (9) remove or alter any copyright, trademark or other proprietary notice contained in the Services, Sites, Content or Features. Except as provided herein, you may not frame or utilize framing techniques to use, surround or enclose the Service names, Content or Features or any trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of Starz and/or its affiliates or subsidiaries or Content providers without Starz' express written consent. You may not use any meta-tags or any other "hidden text" utilizing the name of the Services, Sites, Content, Features, Starz and/or its affiliates, subsidiaries or Content providers, or any tradenames or trademarks or other copyrighted materials relating thereto, without the express written consent of Starz.

3.         INTELLECTUAL PROPERTY. 

            (a)        As between you and Starz, the Services, Sites, Content and Features are owned by Starz and/or its licensors and content and technology providers, and are protected by applicable domestic and international copyright laws. As used herein, “Content” means: (1) any and all motion pictures, images, animations, artwork, copy or information; and (2) any and all other human readable audio and/or visual elements, regardless of the form or format, accessible via the Services, Site or Features.  Any and all underlying patentable or copyrightable elements (or elements protectable as trade secrets or otherwise under intellectual property laws) related to the Services, Site, Content and/or Features, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in the Services, Sites, Content and/or Features will be considered the property of Starz (“Starz IP”).  

            (b)        STARZ, ENCORE, MOVIEPLEX 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 Services, Sites, Content and Features 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. 

4.         REGISTRATION; USER ACCOUNTS.  In order to use the Services, you will be required to create a User Account.  You may only open a User Account for yourself, and not for any other person.  A User Account can only be established by consumers that meet the Access Requirements.  You warrant that the information you provide during registration for a User Account, and any other communications with Starz and/or in connection with the Services for any reason, is true, correct, complete, and current and you agree to update such information as necessary so that it remains current, accurate, and complete. You are responsible for all activity occurring under your User Account and for maintaining the confidentiality of your User Account information. You agree that you will: (1) immediately notify Starz of any unauthorized use of your User Account; and (2) not allow any third party to use your User Account. Starz will have no liability for any loss or damage arising from use or misuse of your User Account or your failure to comply with these requirements.  Starz, its affiliates and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations.  The Services, Sites and/or Features may provide you with the opportunity to connect and/or link your User Account to certain third party social media sites ("Social Media Sites").  If you choose to connect or link your User Account to any Social Media Site via the Services, Sites or Features you consent to the release of information about you to others, including to the Social Media Site(s).  If you do not want information about you to be shared in this manner, do not connect or link your User Account to any Social Media Site(s).

5.         CONTENT; PARENTAL CONTROLS.  MOST CONTENT AVAILABLE ON THE SERVICES, SITES AND FEATURES 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. 

Parental controls (“Parental Controls”) for the Services may be accessed in one of the two following ways as determined by your Distributor: (1) if your Distributor passes through your Parental Control settings as part of the authentication process for the Services, Parental Controls and any modifications thereto must be managed via your Distributor; or (2) if your Distributor does not pass through Parental Controls via the authentication process for the Services you will be able to establish Parental Control settings during the User Account creation process or by accessing the My Account feature of the Service.  If you access any adult or mature content on the Services, you acknowledge and agree that you may be exposed to visual images and sounds that depict nudity and sexual activity or are otherwise sexual, erotic or graphic in nature and may include violence and adult language.  You agree to the following, irrespective of whether or not the Services include 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 have access to during use of the Services, including, without limitation, any errors or omissions in any Content, quality of the Content, availability of the Content, the subject matter of the Content or any loss or damage of any kind incurred as a result of your use of the Content; 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. 

6.         PRIVACY POLICY.  Starz may collect and use certain personally identifiable information and non-personally identifiable information about you in connection with your use of the Services, Sites, Content or Features and such collection and use of personally identifiable information is subject to the Starz Privacy Policy available at starzplay.com, encoreplay.com and movieplexplay.com.