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| This is the Privacy Policy of Starlite Broadcasting LLC (hereafter referred to as “us” or “we”). This Privacy Policy describes how your personal information is collected, used, and shared when you use our streaming service, info through our website (https://Starlite.tv) or any of our branded apps (together, the “Service”). By using the Service, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. We may modify this Privacy Policy from time to time. Your continued use of the Service constitutes your agreement to any updated Privacy Policy on a prospective basis. PERSONAL INFORMATION WE COLLECT When you use the Service, we collect the following types of personal information: Information Collected Automatically Each time you visit the Service, we automatically collect certain information about your device and your interaction with the Service. This may include your viewing activity, your IP address, location information, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system, date/time stamps, and related metadata. Comments: We may offer the ability to provide comments or to post messages in a forum. Any posts you make will be publicly available. Other Information You may also choose to provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us. HOW WE USE YOUR INFORMATION We may use the information collected about you to: Fulfill your orders and deliver content to you; Send you marketing communications (depending on your preferences); Provide customer support to you; Analyze how the Service is being used for troubleshooting and improvements; Communicate with you; Collect debts, prevent fraud, and protect the integrity of the Service; Enforce our legal rights; DISCLOSURES TO THIRD PARTIES We may disclose your information to the following types of third parties: Authorized Service Providers We share your information with authorized service providers involved in operating the Service. For example, we use 3rd party providers to power the Service and provide customer support. Our authorized service providers also include payment providers, email service providers, and analytics companies. Legal Situations We may disclose your information when we have a good faith belief that compliance is required by a search warrant, subpoena, court order, or similar request from a law enforcement or other government agency. To the Public We may publicly disclose aggregated user statistics and other information, which is not considered personal information. If you comment on a video or participate in a forum, your comment will be shared publicly. EMAILS When you create an account, you may receive certain emails: Transaction Emails: If you make a purchase, You may not opt out of transactional emails. Marketing Emails: Depending on your preferences, we may send you emails letting you know about new programs or features, or promotions. You may opt out of these emails at any time in your account settings. YOUR PRIVACY RIGHTS California Users: Users from California have the right to: request information about the categories and sources of personal information collected about you, and the associated purposes for collection and third-party disclosures; request a copy of your personal information; request deletion of your personal information; and opt out of the sale of your personal information. To exercise your right to access or delete your personal information, submit your request by using our form. Note that to process your request, we must be able to verify your identity as the owner of the account you are inquiring about. We may not be able to fulfill your request until we can do so. Although you do not need to have an account to submit a request, we may not be able to locate certain information to process your request if you don’t have one. Nevada Users: Nevada residents have the right to opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. CHILDREN’S PRIVACY If you are a parent or legal guardian who has discovered that your child has provided personal information through the Service without your consent, please contact us so that we can remove any unauthorized information. CHANGES We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Your continued use of the Service constitutes your agreement to any updated Privacy Policy on a prospective basis. Starlite Viewer Terms of Service Agreement Last updated: May 24, 2023 This Starlite Viewer Terms of Service Agreement (“Agreement”) is between you and Starlite. (for the purposes hereof, “Starlite,” “we” or “us”). The Agreement governs your use of the “Starlite Service,” an online platform that allows consumers like you to view video programs from content owners and licensors (“Producers”) through Producer-branded websites and applications that we power. Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the Starlite Service, you agree that any claims you may have against Starlite relating to the Starlite Service must be ARBITRATED, and you waive the right to (1) assert claims against Starlite in court; (2) participate in a class action; and (3) have a jury hear your case. 1. Acceptance By creating an account, viewing videos, making a purchase, downloading Producer-branded applications that we power, or otherwise visiting or using the Starlite Service, you accept this Agreement and consent to contract with us electronically. If you are an entity other than a natural person, the person who registers the account or otherwise uses the Starlite Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account. We may update this Agreement by posting a revised version on our website. By continuing to use the Starlite Service, you accept any revised Agreement. You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If Starlite TV deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions). 2. Accounts Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from Starlite. You must keep your email address valid and current so that we are able to contact you. Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Starlite Service. Parents and Guardians: By granting your child permission to use the Starlite Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access. Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately. 3. Privacy By creating an account, you agree that the Producer of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Producer’s Programs, and your contact information. Starlite TV is not responsible for a Producer’s use or disclosure of your data. Please refer to the applicable Producer’s Privacy Policy for more information about how your data is handled when you interact with Producer-branded websites and applications. 4. Program Viewing and Purchase Options Producers may offer the following purchase options through Producer-branded websites and applications: Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered by the Producer, you may download the Program. Subscription: For a recurring fee, you may stream the Programs offered within a Producer’s subscription channel an unlimited number of times during your subscription period. The Producer may add or remove Programs from the channel at any time. To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. Producer will attempt to notify you in advance of any such price changes prior to your next billing cycle. If you do not wish to accept a price change, you may cancel your subscription in accordance with this Agreement. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE. 5. Licenses and Intellectual Property License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer. Starlite Service: Subject to the terms hereof, permission to use the Starlite Service for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by Starlite are reserved. Feedback: To the extent that you submit any content to Starlite (i.e. in your profile, a comment, or forum), you grant Starlite an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to Starlite on improving our products or services, We may use your suggestions without any compensation to you. 6. Acceptable Use Policy We may allow you to upload, submit, or publish (collectively, to "submit") content such as images and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. Starlite may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Starlite may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy. 6.1 Copyright Policy You may only upload content that you have the right to upload and share. Copyright owners may send a takedown notice as stated in our Copyright Policy if they believe we are hosting infringing materials. 6.2 Content Restrictions You may not submit any content that: Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); Is sexually explicit or promotes a sexual service; Is defamatory; Is harassing or abusive; Contains hateful or discriminatory speech; Promotes or supports terror or hate groups; Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms; Exploits or endangers minors; Depicts or encourages self-harm or suicide; Depicts (1) unlawful real-world acts of extreme violence, vivid, realistic, or particularly graphic acts of violence and brutality, sexualized violence, including rape, torture, abuse, and humiliation, or animal cruelty or extreme violence towards animals; Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices; Contains false or misleading claims about vaccination safety, or health-related information that has a serious potential to cause individual or public harm; Contains false or misleading information about voting or seeks to obstruct voting; Contains claims that a real-world tragedy did not occur; false claims that a violent crime or catastrophe has occurred; or false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or Violates any applicable law. Please see the Guidelines for guidance on how we interpret these terms. 6.3 Code of Conduct In using the Starlite Service, you may not: Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity); Act in a deceptive manner or impersonate any person or organization; Harass or stalk any person; Harm or exploit minors; Distribute “spam” in any form or use misleading metadata; Collect personal information about others without their authorization; Access another’s account except as permitted herein; Use or export any of our services in violation of any U.S. law; Act in a manner that would subject Starlite to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA); Engage in any unlawful activity; or Cause or encourage others to do any of the above. 6.4 Prohibited Technical Measures You will not: Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Starlite Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures; Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Starlite Service or any output thereof without our permission; Submit any malicious program, script, or code; Submit an unreasonable number of requests to our servers; or Take any other actions to manipulate, interfere with, or damage the Starlite Service. 6.5 Restricted Users You may not use the Starlite Service if you: are a terror or hate group or a member thereof; have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or are subject to sanctions by a non-U.S. government such that your use of the Starlite Service would violate applicable law. You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions. 7. Disclaimers YOUR USE OF THE SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. Starlite PROVIDES THE Starlite SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limiting the above, Starlite makes no representations or warranties concerning: The availability of the Starlite Service in a particular jurisdiction. The availability of the Starlite Service for any particular device, operating system, or browser. The continued support for a particular feature of the Starlite Service. The viewing quality of any Program. Starlite does not guarantee that you will be able to use the Starlite Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection. The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not Starlite TV The continued availability of any Program or the availability of particular Program within a channel. Programs may be withdrawn at any time without notice. Any Producer’s actions or omissions with respect to your personal information. Producers may provide links to other Producer websites or third-party websites. Syarlite is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website. 8. Limitation of Liability The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Starlite (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you. 9. Indemnification You shall indemnify, defend, and hold harmless Starlite and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: your unauthorized use of any Program; your breach of this Agreement or violation of any law or third-party right; or any content that you upload or submit to us. 10. Arbitration Agreement; Jury Waiver; Class Action Waiver This Section 10 sets forth a binding arbitration agreement between you and Starlite (the “Arbitration Agreement”). In this Arbitration Agreement, you agree: To arbitrate all claims relating to the Starlite Service; To waive your right to a trial by jury; and To waive any right to proceed on a class basis in arbitration or otherwise. 10.1 Arbitration Agreement The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the Starlite Service shall be BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures as modified by our Arbitration Procedures. 10.2 Overview Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and Starlite are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. 10.3 Location of Hearing If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in El Paso County, Colorado, United States of America. 10.4 Class-Action Waiver EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. 10.5 Exception for Small Claims Court Matters Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred. 10.6 Jurisdiction and Venue The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 11 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction. 10.7 Binding Arbitration with Producers To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with Starlite, you agree that any dispute with a Producer arising out of or relating to your purchase or viewing of a Producer’s Program or channel shall be resolved by BINDING ARBITRATION administered by JAMS in accordance with this Section 10. 11. General Provisions Choice of Law: Any disputes relating to this Agreement or your use of the Starlite Service will be governed by the laws of Colorado State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in El Paso County, Colorado. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both Starlite and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action. No Waiver: The failure of Starlite (or any Producer) to exercise or enforce any term of this Agreement will not constitute a waiver of such term. Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining terms will remain in full force and effect. No Third Parties: No third parties shall have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights. Force Majeure: Neither Starlite nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation. Entire Agreement: This Agreement incorporates by reference the Starlite Privacy Policy, Arbitration Procedures, and Copyright Policy. Except for links to these documents, links to pages on the Starlite website or any third party materials are for convenience only and do not form part of this Agreement. This Agreement sets forth the entire understanding between you and Starlite concerning your use of the Starlite Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Starlite website and will apply prospectively. The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement. Contact Us: If you have any support questions, please contact us at support@starlite.tv. You must send any notices of a legal nature to us. |
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