Limitation of Liability

1 Introduction & Scope

This Limitation of Liability clause forms an integral part of StarWave Entertainment's Terms of Service. By accessing, using, or participating in any of our services — including but not limited to streaming platforms, live events, digital content distribution, mobile applications, and entertainment products — you acknowledge and agree to the limitations of liability set forth herein.

StarWave Entertainment ("we," "us," "our") is committed to providing high-quality entertainment experiences. However, as with any service provider, certain risks are inherent in the use of digital and physical entertainment platforms. This section establishes the legal framework governing responsibility for such risks.

2 Disclaimer of Warranties

ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY STARWAVE ENTERTAINMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

2.1 Express Warranties

StarWave Entertainment does not guarantee that:

• Our services will be uninterrupted, secure, or error-free at all times;
• Content will be available at all times or in a timely manner;
• Any errors or defects in content, services, or platforms will be corrected;
• Our services will meet your specific requirements or expectations;
• The quality of content will conform to any specific standard or regulation;
• The functionality of our platforms will be compatible with all devices or software.

2.2 Implied Warranties

To the fullest extent permitted by applicable law, StarWave Entertainment disclaims all implied warranties, including but not limited to:

• Warranty of merchantability;
• Warranty of fitness for a particular purpose;
• Warranty of non-infringement;
• Warranty of title;
• Any warranty arising from course of dealing, usage, or trade practice.

3 Excluded Damages

In no event shall StarWave Entertainment, its directors, officers, employees, agents, subsidiaries, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with:

3.1 Types of Excluded Damages Include:

• Loss of profits, revenue, or business opportunities;
• Loss of data, content, or intellectual property;
• Loss of goodwill or reputation;
• Personal injury or property damage claims related to service usage;
• Costs of procurement of substitute goods or services;
• Business interruption or slowdown;
• Loss of use of any system, equipment, or data;
• Emotional distress or mental anguish;
• Loss of enjoyment or entertainment value;
• Any other damages, whether foreseeable or unforeseeable.

3.2 Non-Reliance Disclaimer

StarWave Entertainment shall not be liable for any damages resulting from:

• Your reliance on information, content, or advice obtained through our services;
• Actions taken in reliance on content provided by third parties or other users;
• Decisions made based on entertainment content, including but not limited to films, series, events, or promotional material.

4 Cap on Liability

To the extent that any liability to you is permitted under applicable law, StarWave Entertainment's aggregate liability for all claims arising out of or related to our services — whether in contract, tort (including negligence), strict liability, or otherwise — shall not exceed the lesser of:

1. The total amount paid by you to StarWave Entertainment for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim; or
2. One thousand United States Dollars (USD $1,000.00).

4.1 Per-Claim Limitation

Liability for any single claim shall not exceed the pro-rated portion of the cap described above, calculated based on the number of claims submitted in any given twelve-month period.

4.2 Free Services

For free or complimentary services, the total aggregate liability of StarWave Entertainment shall be zero (USD $0.00), except where prohibited by applicable law.

5 Third-Party Content & Links

Our services may contain links to third-party websites, services, platforms, or content that are not owned or controlled by StarWave Entertainment. We expressly disclaim any and all liability arising from:

• Accessing or using third-party websites or services linked from our platforms;
• The accuracy, completeness, legality, or appropriateness of third-party content;
• Any harm, loss, or damage caused by third-party content, products, or services;
• Data practices, privacy policies, or terms of service of third-party providers.

5.1 Affiliate Partners

StarWave Entertainment may maintain partnerships with third-party distributors, advertisers, or affiliates. We do not endorse, guarantee, or assume responsibility for the products, services, or practices of such third parties.

5.2 Embedded Content

Content embedded from third-party platforms (e.g., social media, video hosts, music services) is subject to the respective terms and liability limitations of those platforms.

6 User-Generated Content

StarWave Entertainment provides platforms that may allow users to create, upload, share, and display content. We expressly disclaim liability for:

6.1 User Content Exclusions

• Any content posted, uploaded, transmitted, or displayed by users on our platforms;
• Interactions between users, including harassment, defamation, or fraudulent activity;
• Loss or corruption of user content, including data stored on our servers;
• Infringement of intellectual property rights by user-generated content;
• Misrepresentation of identity or intentions by other users;
• Viruses, malware, or harmful code contained in user-uploaded files.

6.2 Content Moderation

While StarWave Entertainment employs content moderation practices, we make no representation or warranty that we will or will not remove, block, or screen any content. Decisions regarding content moderation are discretionary and made at our sole judgment.

7 Service Availability & Interruptions

StarWave Entertainment strives to maintain continuous availability of its services. However, we make no guarantees regarding:

7.1 Service Interruptions

• Scheduled maintenance, updates, or upgrades that may temporarily disrupt service;
• Unscheduled downtime due to technical failures, natural disasters, or other unforeseen circumstances;
• Service degradation during peak usage periods;
• Geographic restrictions on content availability due to licensing agreements;
• Changes to or discontinuation of any service, feature, or content without prior notice.

7.2 Technical Requirements

Access to our services may require specific hardware, software, internet connection speeds, or device capabilities that are beyond our control. We are not liable for any inability to access or use our services due to the user's failure to meet such requirements.

8 Indemnification

You agree to indemnify, defend, and hold harmless StarWave Entertainment and its directors, officers, employees, agents, subsidiaries, successors, and assigns from and against any and all claims, liabilities, damages, losses, expenses, costs, and fees (including reasonable attorneys' fees) arising out of or related to:

• Your use of or misuse of our services;
• Your violation of these Terms of Service or any applicable law or regulation;
• Your infringement of any third-party right, including intellectual property rights;
• Your user-generated content or interactions with other users;
• Any claim by another user or third party related to your conduct on or through our services;
• Unauthorized access to or use of our platforms by any person using your account.

8.1 Cooperation

You agree to cooperate as reasonably requested by StarWave Entertainment in the defense of any claim subject to indemnification. StarWave Entertainment reserves the right to assume exclusive control of the defense or settlement of any such claim.

9 Force Majeure

StarWave Entertainment shall not be deemed in breach of any obligation under our terms for any failure or delay in performance arising from causes beyond our reasonable control, including but not limited to:

• Acts of God, including natural disasters, earthquakes, floods, or fires;
• War, terrorism, civil unrest, or armed conflict;
• Government actions, sanctions, or regulatory changes;
• Internet or telecommunications failures or disruptions;
• Power outages or utility failures;
• Pandemics, epidemics, or public health emergencies;
• Strikes, labor disputes, or supply chain disruptions;
• Computer viruses, cyber-attacks, or malicious interference.

10 Jurisdiction & Severability

10.1 Severability

If any provision of this Limitation of Liability clause is found to be unenforceable, invalid, or prohibited under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent. The remaining provisions shall remain in full force and effect.

10.2 Applicable Law

This clause shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. In jurisdictions where consumer protection laws are mandatory and cannot be excluded, this limitation shall apply to the fullest extent permitted by such mandatory laws.

10.3 Waiver

No failure or delay by StarWave Entertainment in exercising any right or remedy under this clause shall operate as a waiver thereof. Any waiver must be in writing and signed by an authorized representative of StarWave Entertainment.

10.4 Entire Agreement for Liability

This Limitation of Liability clause, together with the StarWave Entertainment Terms of Service, constitutes the entire understanding between you and StarWave Entertainment regarding the limitation of liability and supersedes all prior or contemporaneous agreements, representations, or understandings relating to such subject matter.