IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 17 and 18.Updated October 21, 2014
Warner Services are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by Warner or third parties. Warner respects the intellectual property rights of others and asks you do the same when using Warner Services.
2. How to Contact Us. Please send any general correspondence to firstname.lastname@example.org or use our online form (warnerbros.com/help/customer-service). If you have any questions regarding privacy, please separately send them to email@example.com.
3. Access to Warner Services. Access to and functionality of Warner Services will depend on your device’s capabilities and Internet and/or mobile network service.
Warner reserves the right, without notice and in our sole discretion, to modify, suspend, or discontinue all or any part of the Warner Services, and/or to establish general guidelines and limitations for their use, at any time. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuation.
Except as expressly provided herein, Warner does not grant you any other express or implied right or license in or to the Warner Services, including Content, and all right, title and interest that Warner has in the Warner Services, including Content not explicitly granted to you by Warner, are retained by Warner.
5.2. Restrictions on Use of Warner Services. As part of your use of Warner Services, you agree not to:
(a) Download, copy, reproduce, republish, display, publicly perform, upload, post, transmit, distribute, modify or otherwise use Warner Services, including any Content, in any way unless specifically authorized by us.
(b) Bypass, modify, defeat, interfere, tamper with or circumvent any of the security functions or protections (e.g. through the use of cracking and network probing tools) of Warner Services, including, but not limited to, any digital rights management functionality;
(c) Modify or remove any copyright, trademark, or other proprietary notices or labels on Warner Services;
(d) Decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software in Warner Services into a readable form in order to examine the construction of such software and/or to copy or create other products or services based (in whole or in part) on such software;
(e) Use Warner Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion;
(f) Collect, disclose, or store personal information regarding users of Warner Services;
(g) Use Warner Services to create or send “spam” or other malicious or disruptive communications;
(h) Use software, programs, or devices which contain malware, viruses, worms, and/or ‘any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of Warner Services;
(i) Undertake in any other activity which may adversely affect the operation, experience, or enjoyment of Warner Services by any other person; or
(j) Attempt to gain unauthorized access to Warner Services, other computer systems or networks connected to Warner Services through password mining or any other means.
6. Your Account. In order to access and/or use certain aspects of the Warner Services, we may require you to create a user account (“Account”). You acknowledge and agree that you have no ownership or other proprietary interest in such Account. In order to create an Account, we may require or request that you provide us with certain information, some of which may be personal information (e.g., your name and/or e-mail address, password). Providing Warner with your personal information is your choice. You agree that all the details you provide in connection with your Account are about yourself and such details will be maintained by you as correct, current, and complete. You agree that Warner has the right, in our sole discretion, to suspend or terminate your Account and refuse any and all current or future use of the Warner Services (or any portion thereof).
You are entirely responsible for maintaining the confidentiality of your Account, including your username and password and all access to and use of your Account, including any and all activities (including use of Virtual Currency, Virtual Items, or any other products or services on or through the Warner Services or Third Party Services, as applicable) that are conducted through the use of your username and password whether or not authorized by you. You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password and (ii) immediately notify us of the problem by e-mailing us at firstname.lastname@example.org.
You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You agree that Warner will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by Warner or another party due to someone else using your Account. Warner strongly recommends that you exit from your Account at the end of each session.
You agree to pay all fees or charges incurred by your Account, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. Warner may add new products and services for additional fees and charges, or modify any fees and charges for Warner Services, including Content, at any time in our sole discretion. You represent to Warner that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes. You acknowledge and agree that you are not entitled to any refunds for fees and charges made through your Account, and that any refunds shall be at our sole discretion.
7. Digital Content.
All purchases of Virtual Currency and Virtual Items are final. By purchasing Virtual Currency and/or Virtual Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Virtual Items immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws.
Warner has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Items, as we see fit in our sole discretion, and Warner shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Virtual Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Warner discontinues any or all of the Warner Services, including without limitation any Warner Services provided or offered through Third Party Services.
9. Privacy Notice. To help you protect your privacy, we provide a notice explaining our information practices and the choices you can make about the way your information is collected and used with Warner Services. Go to www.warnerbros.com/privacy-center-wb-privacy-policy to read this notice. Your use of Warner Services constitutes your acceptance of the practices set forth in this privacy notice.
10. Your Content in our Services.
10.1. User Content. From time to time, certain Warner Services may invite or otherwise allow you to submit and/or post a variety of content to Warner Services, such as contests and sweepstakes entries, comments and discussions, photographs, videos, fan art, stories, ratings of our movies, shows, and games, opinions, feedback, and other types of content, whether submitted to Warner Services directly or through a social media or other third party site, service, or platform (“User Content”). In some cases, we may also provide Additional Terms that set forth additional rules for User Content.
Please be aware that User Content submitted to a Warner Service is not confidential and may be accessible by other users and the public. Please retain copies of all User Content you submit to Warner Services as Warner is under no obligation to return any User Content to you.
10.2. User Content Submission Requirements. By providing or submitting User Content to Warner Services, you agree that you will abide by all applicable laws in connection with your submission and that the User Content will be original to you or you must have all necessary rights in the User Content from third parties. For example, if anyone contributes to or appears in the User Content you submit, or if you incorporate someone else’s images, audio, video, etc. into the User Content, then you must also have their permission to submit such User Content to Warner.
(a) contains any visible logos, phrases, or trademarks that belong to third parties;
(b) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(c) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any person appearing on Warner Services;
(d) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
(e) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of privacy or publicity;
(f) violates any law or may be considered to violate any law;
(g) conveys inside information, proprietary or confidential information received in the context of an employment arrangement or under a non-disclosure agreement;
(h) advocates or promotes illegal activity;
(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(j) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners or sponsored videos, and/or soliciting goods, services, funds, advertisers, or sponsors) except as specifically authorized on Warner Services; or
10.3 Our Use of User Content. By posting or uploading User Content to Warner Services, including through Third Party Services, you automatically and irrevocably:
(a) Grant to Warner a royalty-free, perpetual, non-exclusive, sublicensable, assignable unrestricted, worldwide license to use the User Content, together with all consents (if any) necessary to reproduce, distribute, publicly perform, publicly display, digitally perform, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised, without further notice or requirement of permission from you, without payment or other reference to you or any other person, and to advertise and promote such use, in perpetuity;
(c) Warrant that the User Content does not infringe the rights of any other party; and
(d) Confirm that the User Content is not subject to any obligation, of confidence or otherwise, to you or any other person, and that Warner will not be liable for any use or disclosure of the User Content.
Warner is not obligated to post or use User Content submitted through Warner Services. Your submission of User Content will not be subject to any obligation, whether of confidentiality, attribution or otherwise. Warner will not be liable for any use or disclosure of any User Content.
Warner is under no obligation to monitor Content or use of Warner Services. However, Warner has the right to monitor and/or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights to User Content. Warner reserves the right to discard or remove User Content without any liability whatsoever.
11. Unsolicited Submissions Policy. We, at Warner, are always working on providing you with new and exciting Warner Services that include new ideas, concepts, offerings, content, products and services. To avoid any potential disputes about these new Warner Services, we do not accept or consider unsolicited ideas of any kind, whether they may be ideas for scripts, concepts, suggestions, pitches, stories, formats, names, marketing campaigns, products, services, artwork, photographs, drawings, videos, music or otherwise, by any means of transmission to us (“Unsolicited Submission”). Therefore, please do not send us any Unsolicited Submissions. In the event you do send us an Unsolicited Submission then regardless of what the Unsolicited Submission includes, you understand and agree that your Unsolicited Submission does not create any obligation on our part to refrain from using the Unsolicited Submission, or any part of it, to keep it confidential, or to compensate you for our use of it.
12. Disclaimer of Warranties. YOUR USE OF WARNER SERVICES IS AT YOUR OWN RISK. WARNER SERVICES ARE PROVIDED "AS IS” AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WARNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WARNER DOES NOT WARRANT THAT WARNER SERVICES WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WARNER SERVICES OR THE SERVERS THAT MAKE WARNER SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WARNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF WARNER SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH WARNER SERVICES OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO WARNER SERVICES, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. WARNER MAKES NO WARRANTIES THAT YOUR USE OF WARNER SERVICES, INFORMATION, SOFTWARE, CONTENT OR OTHER MATERIALS AVAILABLE THROUGH WARNER SERVICES OR ANY WEBSITE, APP, OR SERVICE LINKED TO WARNER SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND WARNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH WARNER SERVICES, INFORMATION, SOFTWARE, CONTENT OR OTHER MATERIALS AVAILABLE THROUGH WARNER SERVICES OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO WARNER SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitation of Liability. WARNER SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM ANY USE OF, OR INABILITY TO USE, WARNER SERVICES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF WARNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF WARNER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14. Local Regulations. Warner makes no representation that Warner Services are appropriate or available for use outside the United States. If you choose to access and use Warner Services from other locations outside the United States, you agree that:
(a) You will not use Warner Services if you are prohibited from receiving products, services, or software originating from the United States;
(b) You do so on your own initiative and at your own risk;
(c) You are responsible for complying with local laws, if and to the extent local laws are applicable;
(d) You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in; and
(f) By purchasing Virtual Currency and Virtual Items, you are confirming that you want the Virtual Currency and/or Virtual Items immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
15. Indemnity. You agree to indemnify and hold harmless Warner and its officers, directors, employees, agents, distributors and its and their affiliates from and against any and all claims, demands, liabilities, costs or expenses, including without limitation, reasonable attorneys’ fees and costs, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your direct use, or use conducted on your behalf, of Warner Services, including but not limited to, placement or transmission of any content onto Warner’s servers, and/or from any and all use of your Account.
17. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
If a dispute arises between you and us, you agree to provide us with notice of the dispute via email to email@example.com. Upon our receipt of the notice, the parties will have a period of sixty (60) days to attempt to resolve the dispute informally before either may resort to the other alternatives described in this Section 17.
Any arbitrator proceeding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow California law in adjudicating the dispute. The parties agree that an arbitrator proceeding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Section or the class action waiver described below. The JAMS rules are available at www.jamsadr.com.
To the extent the filing fee for the arbitration exceeds the cost of the filing fee for a lawsuit, Warner will pay the additional cost of the filing fee.
20. Claims of Infringement. If you believe that any Content infringes your copyright rights, we at Warner want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a) your name, address, telephone number, and email address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Warner Bros. Entertainment Inc.
Attention: Copyright Agent
4000 Warner Boulevard, Bldg. 168
Burbank, CA 91522
Tel: (818) 977 – 0018
Warner Bros. Entertainment Group
Warner Services are offered by the Warner Bros. Entertainment Group as listed below. This is a non-exhaustive list. We may update the list from time-to-time, so please check back periodically to keep up-to-date.
Telepictures Production Inc.
WB Games Inc.
Warner Bros. Digital, a division of Warner Bros. Technical Operations Inc.
Warner Bros. Animation Inc.
Warner Bros. Consumer Products Inc.
Warner Bros. Distributing Inc.
Warner Bros. Digital Distribution, a division of Warner Bros. Home Entertainment Inc.
Warner Bros. Entertainment Inc.
Warner Bros. Home Entertainment Inc.
Warner Bros. Interactive Entertainment, a division of Warner Bros. Home Entertainment Inc.
Warner Bros. International Television Distribution Inc.
Warner Bros. Pictures, a division of WB Studio Enterprises Inc.
Warner Bros. Studio Facilities, a division of WB Studio Enterprises Inc.
Warner Bros. Television Distribution Inc.
Warner Bros. Television, a division of WB Studio Enterprises Inc.
Warner Bros. Television Group
Warner Home Video, a division of Warner Bros. Home Entertainment Inc.