LIONSGATE+

Terms Of Use

Who We Are

We are StarzPlay Direct UK Limited having a place of business at 45 Mortimer Street, London, W1W 8HJ, United Kingdom ("Starz", "us", "our" or "we").

These Terms of Use

These Terms of Use govern the relationship between you and us when you access or use the Lionsgate+ subscription service (the "Service"), the website located at https://www.lionsgateplus.com/it/en/ associated with the Service (the "Site"), any mobile and/or smart TV app associated with the Service (the "Apps"), and/or any of the features or downloads that are made available through or interact with the Service or Site (the "Features").

Please read these Terms of Use carefully. By using the Service, the Site, the Apps, and/or the Features, or (where applicable) by clicking the "Continue" button, you are agreeing to these Terms of Use, which form a binding agreement between you and us. If you do not agree to these Terms of Use, please do not use the Lionsgate+ Services.

Terminology

In these Terms of Use, you will see capitalised words and phrases. These capitalised words and phrases are defined terms – this means that they have specific meanings. The first time a defined term is used, you will see it in brackets and in bold (for example where we've defined "Service", "Site", "Apps" and "Features" in the section above).

In these Terms of Use:

  • Where we want to refer to the Service, the Site, the Apps, and the Features all together, we will say the "Lionsgate+ Services".
  • Otherwise, we will refer to things individually using the relevant defined terms.

Other Important Terms

Our Privacy Policy https://www.lionsgateplus.com/it/en/privacy ("Privacy Policy") sets out the terms on which we process any personal data we collect from you or that you provide to us via the Lionsgate+ Services. It also includes our policy on cookies.

If you access the Lionsgate+ Services via an authorized third party Service provider (“Distributor”) there may be separate terms of use that apply to the use of that Distributor’s platform, service or applications. We have no knowledge of or control over these third party terms and you accept them at your own risk. Our Terms of Use will still apply however to your use of the Lionsgate+ Services.

Changes to These Terms of Use

At any time, we may amend these Terms of Use to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience using the Lionsgate+ Services.

The date that these Terms of Use were last modified can be found at the top of these Terms of Use.

We recommend that you review these Terms of Use from time to time so that you are aware of any changes. However, if we make any material changes to these Terms of Use, in addition to posting the revised Terms of Use on the Service we will also let you know directly via the email address you have supplied to us (if any). Your continued use of the Lionsgate+ Services after any changes are made will be considered acceptance of those changes and will constitute your agreement to be bound by them.

Remember that you may cancel your Subscription (as defined in the Access and Use of the Lionsgate+ Services section below) at any time if you do not agree to any new Terms of Use (or for any other reason) – see the Cancelling Your Subscription section below.

Changes to the Lionsgate+ Services

Starz reserves the right to change, discontinue, enhance, add or remove any aspect of the Lionsgate+ Services at any time. We will notify you of any material changes to the Lionsgate+ Services or our ability to provide your access to them. If you do not agree with the changes we have made, you can cancel your Subscription before the changes enter into force – see the Cancelling Your Subscription section below. Your continued use of the Lionsgate+ Services after the entry into force of the changes of which we have given you notice will be taken as your acceptance of the changes made.

Access and Use of the Lionsgate+ Services

In order to use and access the Lionsgate+ Services you must (unless stated otherwise):

  • be 18 years of age or older;
  • live in Italy (the "Service Area");
  • be a subscriber to the Service through Starz or through a Distributor and have activated your subscription to the Service ("Subscription", and "Subscribe" will be construed accordingly) with the Distributor; and
  • set up a registered profile with Starz tied to the Service (your profile together with your Subscription will establish your user account ("User Account").

User Accounts

In order to use the Lionsgate+ Services, you will be required to create a User Account. To do this, you will need to complete a simple registration process by providing certain personal information (including your email address) and choose a username and password for use in connection with your User Account. Please refer to our Privacy Policy https://www.lionsgateplus.com/it/en/privacy for more information on how we process any personal data we collect from you or that you provide to us.

You may only open a User Account for yourself, and not for any other person.

You are responsible for all activity occurring under your User Account and for keeping your User Account information confidential.

You agree that you will: (a) not allow anyone else to use your User Account; and (b) immediately notify us of any unauthorised use of your User Account. We will not be liable for any loss or damage arising from unauthorised use or misuse of your User Account or your failure to comply with these requirements.

Payment

As part of the Subscription process you will need to provide a credit card or other payment method accepted by Starz or the Distributor ("Payment Method").

By paying using the Payment Method you confirm that you are authorised to use that Payment Method and that there are sufficient funds or credit available to cover the relevant fees. Please refer to our Privacy Policy https://www.lionsgateplus.com/it/en/privacy for more information on how we process any payment information that you provide to us.

By establishing a Payment Method with Starz or a Distributor, you agree to pay the relevant subscription fee ("Subscription Fee") along with any applicable taxes based on the type and length of the recurring Subscription you have chosen.

The first Subscription Fee will usually be debited on the day you Subscribe (except in the case of a Trial Subscription – see the Trial Subscription section below) and then on a regular basis until you cancel your Subscription.

We may authorize your Payment Method in anticipation of your Subscription, including authorizing it as soon as you create a User Account during a Trial Subscription. In some instances, your available balance or credit limit may be reduced to reflect the authorization during the Trial Subscription. All payments made to Distributors are processed and billing cycles determined by the applicable Distributor. Please carefully review the payment and billing policies of the applicable Distributor prior to establishing your Subscription.

For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

If you don't pay the Subscription Fee on time, the Distributor (if applicable) and Starz each reserve the right to suspend your User Account and access to the Service until the full amount of the Subscription Fee that remains due has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms of Use – see the Ending Your Rights under These Terms of Use section below.

Pricing

If we decide to change the Subscription Fee, we will inform you in advance by contacting you via the email address you have provided to us and/or by updating the relevant pages of the Site and Apps. For any material change in any Subscription Fees, we will aim to give you at least thirty days' notice.

Any increase in Subscription Fees will not apply to the current period (i.e. month or year) of your Subscription. If you do not agree to a Subscription Fee increase, remember that you can always cancel your Subscription before your next Subscription period starts – see the Cancelling Your Subscription section below. If you do not cancel your Subscription after receiving notice of a change in Subscription Fee, you will be obliged to pay the new Subscription Fee from the date on which the next Subscription period commences.

Cancelling Your Subscription

You may cancel your Subscription at any time:

  1. Through the Site/Apps if you Subscribed to the Lionsgate+ Services directly from us; or
  2. Via your Distributor if you Subscribed for our services through such Distributor.

To cancel through the Site or Apps, go to the "Settings" page of the Service and follow the on-screen prompts. To cancel via a Distributor, please follow the Distributor's instructions.

If you cancel your Subscription, the cancellation will go into effect at the end of your then-current paid Subscription period. You will continue to be able to access the Lionsgate+ Services right up until that point.

Except as expressly set out in these Terms of Use, we do not provide credit, refunds, or prorated billing for Subscriptions that are cancelled.

Your Statutory Right to Cancel

If you are a Consumer, you have a statutory right to change your mind and withdraw from your Subscription at any time up to 14 days from the day you enter into your agreement with us – this will usually be the day you make your first payment (the "Cancellation Period) HOWEVER, if:

  • you start to stream any of the content available through the Lionsgate+ Services within the Cancellation Period; and

  • you consented to your Subscription starting within the Cancellation Period and you acknowledged when Subscribing that you would lose your statutory right to withdraw if you started to stream any content within the Cancellation Period, then you will lose your statutory right to cancel (although remember that you can still cancel your Subscription at any time in accordance with the Cancelling Your Subscription section above).

You can cancel your Service subscription at any time, and you will continue to have access to the Service through the end of your billing period. To cancel, go to the "Settings" page of the Service and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.

If you exercise your statutory right to cancel and you have not accessed any Starz content within the Cancellation Period, we will refund you the Subscription Fee you have paid by the method you used for payment within 14 days of your telling us you want to cancel.

Trial Subscriptions

The Service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The duration of the free trial period of your subscription will be specified during sign-up.

Unless otherwise specified in the specific terms and conditions of a Trial Subscription offer, Trial Subscriptions are limited to one per person. You may not register multiple User Accounts, using multiple names, addresses, email addresses or other means, in order to take advantage of a Trial Subscription (or any other promotional offer) more than once. Any such action will constitute a breach of these Terms of Use. Free trial eligibility is determined by Starz in its sole discretion and we may limit eligibility or duration.

When you sign up to a Trial Subscription, you must provide Starz or the Distributor with a valid Payment Method as described in the Payment section above. If you do not cancel the Trial Subscription before it ends, the Subscription Fee for the Service will be charged to your Payment Method when the Trial Subscription ends. Starz will email you to remind you before the end of the Trial Subscription.

To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please contact Starz or your Distributor directly.

Parental Controls; Content

You may not subscribe to the Lionsgate+ Services unless you are 18 years old or over.

Most content available on the Lionsgate+ Services is rated according to guidelines established by the Direzione Generale Cinema e Audiovisivo presso il Ministero per I Beni e le Attività Culturali (e.g. Opere per tutti (T), Opere non adatte ai minori di anni 6, Opere vietate ai minori di anni 14 (VM14), Opere vietate ai minori di anni 18 (VM18). 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 Service may be accessed in one of the two following ways:

  • If you Subscribe to the Lionsgate+ Services direct from us, you will be able to establish Parental Control settings during the User Account creation process or by accessing your User Account. Parental Controls allow you to set a maximum movie rating and television rating for the User Account. 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 become effective.

  • If you Subscribe for the Lionsgate+ Services through a Distributor and your Distributor passes through your Parental Control settings as part of the authentication process for the Service, Parental Controls (and any changes you make to them) may be managed via your Distributor.

If you access any adult or mature content on the Service, 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. It is your responsibility to determine which content meets your standards.

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.

Service Updates; Software

By using the Lionsgate+ Services, you acknowledge and agree to receive, without further notice or prompting, updated versions of the Lionsgate+ Services and related third-party software.

Ending Your Rights under These Terms of Use

We can end your rights under these Terms of Use immediately at any time and without refunding your recurring Subscription Fee if:

  • you are in serious breach of these Terms of Use;

  • we reasonably believe you have committed fraudulent activity against us or any third party through your use of the Lionsgate+ Services or the content available via the Lionsgate+ Services; or

  • any Subscription Fee (or part of it) is still unpaid following our notice to you.

We can also end your access to the Lionsgate+ Services immediately at any time, giving you as much notice as possible, if we’re forced to do so for technical or operational reasons beyond our control. If we end your access in these circumstances, we will refund the proportion of your Subscription Fee relating to the period you’ve paid for but for which you have not received access to the Lionsgate+ Services.

If we end your rights under these Terms of Use, you must immediately stop all activities authorised by these Terms of Use, including your access to the Lionsgate+ Services.

Getting in Touch

Lionsgate+ Services: If you need assistance with the Lionsgate+ Services and are unable to resolve your question via the "FAQs" feature of the Service, please visit the “Contact Us” feature of the Service.

Subscription Fee and Payment Method: For questions related to your Subscription Fee, Payment Method or other matters relating to billing, please contact your Distributor or if you Subscribed directly through Starz, please visit the “Contact Us” feature of the Service.

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 Service and Site provided from time to time for that purpose.

Starz will be entitled to use all remarks, suggestions, ideas, graphics, or other information communicated to Starz through the Service and/or Site in any manner (each, a "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. 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 with respect to the infringement or protection of any copyright in and to your Submission, and that Starz and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store, or misdelivery of any feedback submitted.

Starz generally does not pre-screen, verify or edit your Submissions. However, Starz and its agents reserve the right to investigate any violation of these Terms of Use and to take appropriate remedial action. Starz has absolute discretion to enforce these Terms of Use, including, but not limited to warning users of violations, disabling or suspending access, deleting, screening or editing any Submission, or prohibiting any behaviour that does not comply with these Terms of Use. You are responsible for all activities conducted by you and any user of your User Account, 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 Lionsgate+ Services.

Confidential and Proprietary Information

You agree not to try to access and not to access any information through the Lionsgate+ Services that does not relate to you and which you are not properly authorised to receive. You agree that if you should access information about another individual or entity via the Lionsgate+ Services, or otherwise receive information you are not authorised to receive via the Lionsgate+ Services, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive via the Lionsgate+ Services, you will immediately cease such unauthorised access (to the extent that this is within your reasonable control), notify Starz of the unauthorised access, and reasonably assist Starz in identifying and correcting the circumstances that permitted such unauthorised access. You will keep confidential all information you receive concerning another individual or entity, will not use this information, will return such information to Starz immediately, will not transmit it to any other person or entity and will not copy or distribute it in any electronic or other form.

Intellectual Property

As between you and Starz, all aspects of the Lionsgate+ Services and the Content are owned by Starz and/or its licensors and content and technology providers, and are protected by applicable domestic and international copyright and other intellectual property laws.

"Content" means: (a) any and all motion pictures, images, animations, artwork, copy or information; and/or (b) any and all other human readable audio and/or visual elements, regardless of the form or format, accessible via the Service, Site or Features.

Any and all underlying patentable or copyright (or copyrightable) elements (or elements protectable as trade secrets or otherwise under intellectual property laws) related to the Lionsgate+ Services and/or the Content, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in and/or used to deliver the Lionsgate+ Services and/or the Content will be considered the property of Starz ("Starz IP").

LIONSGATE+ and all related registered and unregistered trademarks and service marks ("Marks") are the property of Lionsgate Entertainment Corp and licensed to Starz. Certain characters, logos, names and images incorporated by Starz Entertainment, LLC on the Service, Site, 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 Marks may not be used without the express written permission of Starz.

Your Right to Use/Access the Lionsgate+ Services; and Restrictions

Starz grants you a limited, non-exclusive, non-transferable licence to access and use the Lionsgate+ Services and the Content solely within the Service Area (subject to your statutory rights) in accordance with these Terms of Use.

You may use the Lionsgate+ Services for personal, lawful purposes only. In particular, but without limitation, you agree not to:

  • sell, resell, lend, lease, rent or otherwise commercially use the Lionsgate+ Services, Content, or any other material or information contained therein;
  • collect or use any information, data, listings, or descriptions relating to or derived from the Lionsgate+ Services or the Content for any reason;
  • unless you're allowed to do so under relevant statutory exceptions, create derivative works from the Lionsgate+ Services or the Content or any other materials or information contained therein;
  • download or copy the User Account information of any third party;
  • use data mining, robots, or other data gathering and extraction tools in relation to the Lionsgate+ Services or the Content;
  • distribute, transfer, or post any Content on any third party website, online service or other media;
  • modify, adapt, or translate any part of the Lionsgate+ Services or the Content;
  • except in relation to software underlying the Lionsgate+ Services (in respect of which you may have certain limited rights under applicable law, and then only to that extent), reverse engineer, decompile or disassemble the Lionsgate+ Services or the Content, or otherwise attempt to obtain access to the Starz IP;
  • remove or alter any copyright, trademark or other proprietary notice contained in the Lionsgate+ Services or the Content;
  • 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's express written consent; or
  • use any meta-tags or any other "hidden text" utilising the name of the Lionsgate+ Services, the Content, Starz and/or its affiliates, subsidiaries or Content providers, or any trade names or trademarks or other copyrighted materials relating thereto, without the express written consent of Starz.

Starz may control the maximum number of simultaneous streams per User Account (across all content on the Service) regardless of the number of devices on which the Service is available. Starz may change the maximum number of simultaneous streams and/or registered devices per User Account that you may use at any time, in its sole discretion.

Representations and Warranties

By accessing or using the Lionsgate+ Services you represent and warrant (i.e. promise) that:

  • you are resident within the Service Area;
  • you are a subscriber in good standing through Starz or a Distributor of the Service;
  • you are at least eighteen (18) years old;
  • the information you provide during registration for a User Account, and any other communications with Starz and/or in connection with the Lionsgate+ Services, is true, correct, complete, and current and you agree to update such information as necessary so that it remains current, accurate, and complete; and
  • you have read and agree to abide and be bound by these Terms of Use.

Links To and From Third Party Sites

The Lionsgate+ Services contain or may contain links to third party websites. These websites are independent from us and we and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.

You may not link to the Lionsgate+ Services or any Content from any third-party site without the prior written permission of Starz.

Availability of the Lionsgate+ Services

Your access to the Lionsgate+ Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services.

Our Responsibility for Loss or Damage Suffered by You

Nothing in these Terms of Use excludes our liability to you for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation;
  • any other liability which it would be unlawful of us to restrict or exclude; or
  • your statutory rights in relation to the provision of the Lionsgate+ Services.

If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of that, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

If digital content that we have supplied to you damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either fix your device or reimburse you. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system and/or operating requirements advised by us.

The Lionsgate+ Services are provided for general information and entertainment purposes only. They do not offer information or advice on which you may rely. Although we make reasonable efforts to update the information we provide via the Lionsgate+ Services about our media and entertainment content, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

The Lionsgate+ Services are provided for domestic and private use. If you use the Lionsgate+ Services for any commercial, business or resale purpose this will be a breach of these Terms of Use and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not guarantee that the Lionsgate+ Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform and ensuring you have internet (and/or mobile data) connectivity in order to access the Lionsgate+ Services and should use your own virus protection software.

Starz will not have any liability to you for any delay or non-performance of its obligations under these Terms of Use, to the extent that this is caused by an act of God, labour dispute, or failure of facilities, networks, equipment or software, or any similar event, to the extent that such event is beyond the reasonable control of Starz.

Other Important Terms

You may not transfer your rights and obligations under these Terms of Use for any reason. We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms of Use. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

Each of the terms and conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

Nothing contained in these Terms of Use will create a joint venture, partnership or any other employee/employer or independent contractor relationship or any other commercial relationship (except as seller and customer) between you and Starz.

Any provisions of these Terms of Use which by their nature should survive termination of these Terms of Use, will survive such termination.

These Terms are governed by Italian law and the courts of Milan have non-exclusive jurisdiction over any dispute arising under or in connection with these Terms of Use.