PLEASE READ THESE TERMS CAREFULLY — THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND, INCLUDE CERTAIN WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY, AND, FOR BUSINESS USERS ONLY, CERTAIN INDEMNITIES FROM YOU TO US.
- “Additional Terms” means additional terms and conditions which apply to certain Warner Sites & Services and which are set out on the website or app on which those Warner Sites & Services are made available. Such Additional Terms may include, among other things, particularized age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms;
- “Business User” has the meaning given in section 4.1 below;
- “Terms” means the terms and conditions set out in this document including any applicable Additional Terms;
- “Warner Sites & Services” means Warner’s online, digital, or mobile services, including Warner’s websites, digital content (including software, and games), applications, games, and any of Warner’s other products and services in connection with which these Terms are posted or from which they are linked.
Welcome and thank you for using a service provided by Warner Bros. Entertainment Inc. (a company incorporated in Delaware, USA, with company registration number 05-0545059 and registered at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington DE 19801), or its subsidiaries or affiliates (“Warner”, “we,” “us”, or “our”). These Terms are a legally binding agreement between you and Warner and govern your use of Warner Sites & Services.
Parts of the Warner Sites & Services may be subject to Additional Terms. Such Additional Terms may be with a different Warner entity. When Additional Terms are made available in connection with any aspect of the Warner Sites & Services, those Additional Terms also apply to your use of that aspect of the Warner Sites & Services and control, to the extent of a conflict with, these Terms.
- Changes to these Terms and the Warner Sites & Services
- Your Representations
- The Warner Service
- User Accounts
- Mobile Devices
- Virtual Items
- Third-Party Services
- User Content
- Code of Conduct
- Unsolicited Submissions and Feedback
- International Use
- Disclaimer of Warranties
- Our Responsibility to You (Limitation of Liability)
- Indemnity for Warner – For Business Users only
- Governing Law and Dispute Resolution
- Other Important Terms
- Copyright Agent
- Contact Us
1. Changes to these Terms and the Warner Sites & Services
1.1 We reserve the right, in our sole discretion, to modify these Terms for necessary operational, security, legal or regulatory reasons (including applicable Additional Terms) and the Warner Sites & Services from time to time. You agree that we may notify you of changes to the Terms, policies and Warner Sites & Services by posting them on the Warner Sites & Services, with such changes taking effect 30 days after such notification.
1.2 During such 30 day notice period you may contact us to end your use of the Warner Sites & Services on the date the changes take effect and receive a refund for any goods, services and digital content paid for but not received. If you continue to use the Warner Sites & Services after such 30 day period you agree that your continued use of the Warner Sites & Services after such notice constitutes your agreement to the modified Terms and policies, which will govern your ongoing use of the Warner Sites & Services.
1.3 In any event, please take a moment to review the posted Terms and applicable Additional Terms each time you use the Warner Sites & Services.
2. Your Representations
3. The Warner Service
3.1 Warner grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable licence to access, view, and use the Warner Sites & Services for your own, internal use solely as provided by these Terms and any Additional Terms that may also apply and as expressly permitted by the features and functionality of the Warner Sites & Services, subject to your compliance with these Terms and all applicable Additional Terms. The Warner Sites & Services may allow you to view, preview, select, stream, and access certain content, including video, audio, graphics, photos, and text (collectively, “Content”). Such use may be limited (for example, to supported devices or by number of simultaneous streams per account; by geographic region; by time window; by subscription level; or otherwise, and access will require your use of an approved device with sufficient connectivity).
3.2 The Warner Sites & Services and Content are protected by copyrights, trade marks, service marks, or other intellectual property rights that are owned by Warner or its licensors. Warner respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Warner Sites & Services, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and Warner reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. The licence granted to you herein shall automatically and immediately terminate if your conduct in relation to the Warner Sites & Services is illegal, in which case you must cease to use the Warner Sites & Services. If your conduct is not illegal but you repeatedly breach these Terms, Warner reserves the right to terminate the licence granted to you herein and obliges you to cease all use of the Warner Sites & Services and Content. Any authorization to copy material granted by Warner in any part of the Warner Sites & Services for any reason is restricted to viewing a single copy for your own internal use only, unless otherwise specified, and is subject to your keeping intact all copyright, trade mark, and other proprietary notices.
3.3 No aspect of the Warner Sites & Services constitutes legal, financial, medical, or other category of professional advice.
4. User Accounts
4.1 Account Creation
You may be required or permitted to create user accounts (each an “Account”) in order to access or use certain aspects of the Warner Sites & Services. If you open an Account or otherwise access the Warner Sites & Services on behalf of a company, organisation, or other entity (a “Business User”), then you represent and warrant that you have the authority to also bind the Business User to these Terms, and hereby do so, and both you and the Business User will be responsible for any breach of these Terms. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself or an applicable Business User and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.
4.2 Investigations, Suspensions, and Termination
4.2.1 If Warner reasonably believes the information you provide is not correct, current, or complete, or that you have otherwise violated these Terms or any applicable law, Warner reserves the right to investigate any actual or suspected violation of these Terms and, in its reasonable discretion, to suspend or terminate your Account and refuse you access to your Account, the Warner Sites & Services, or the Content (or any portion thereof). You agree that Warner may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take legal action against you, respond to requests for information regarding your Account or use of the Warner Sites & Services from law enforcement or other appropriate authorities, or otherwise take action to protect our rights and the rights of any third party.
If you are a Business User: By accepting these Terms, you waive any claims resulting, directly or indirectly, from any action taken by Warner during or as a result of these investigations.
4.2.2 We reserve the right to discontinue or temporarily suspend any or all of the Warner Sites & Services as necessary for operational, security, legal or regulatory reasons or if for any reason beyond our reasonable control we are unable to provide the Warner Sites & Services. You may then contact us to terminate your agreement to use the Warner Sites & Services. If you are a consumer, nothing in these Terms or the Additional Terms affects your statutory rights. For detailed information on your statutory rights, please contact your local Trading Standards body or visit the Citizens Advice website at www.adviceguide.org.uk.
4.3 Account Security
5. Mobile Devices
5.1 Wireless Charges
You are solely responsible for all charges from your wireless and internet providers including any data and messaging fees that you may incur if you use mobile devices to interact with the Warner Sites & Services or to receive communications from Warner.
5.2 Mobile Software
5.2.1 Warner may make certain mobile software applications (“Apps”) available for download in connection with the Warner Sites & Services. You may only use Apps on approved devices, for your own internal use. You are not permitted to modify, transfer, or distribute any Apps. Warner does not guarantee that the Apps will be compatible with your device. Warner may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Apps, at Warner’s reasonable discretion.
5.3 iTunes App Store
The additional terms in this Section 5.3 apply only to your use of Apps downloaded through Apple Inc.’s (“Apple”) iTunes App Store (“iTunes Apps”). You agree that these Terms are solely between you and Warner, not Apple, and that Apple is not responsible for iTunes Apps or their content. Apple has no obligation whatsoever to furnish any maintenance or support services in connection with iTunes Apps. You will not involve Apple in any claims relating to your use of iTunes Apps, or in any third-party claims alleging infringement of intellectual property rights by the iTunes Apps. You agree to comply with all third-party agreements in connection with your use of iTunes Apps (for example, your wireless provider agreement). Finally, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the agreement formed by these Terms solely for the purpose of enforcing the applicable terms against you in connection with your use of iTunes Apps.
6. Virtual Items
6.1 The Warner Sites & Services may feature fictional credits, items, rewards, points, currency, or the like (collectively, “Virtual Items”). The Virtual Items may be used exclusively within the Warner Sites & Services. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable licence to use the Virtual Items in connection with the Warner Sites & Services and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money.
6.2 Any unauthorized transferring, trading, selling or exchanging of any Virtual Items to anyone, including other users of the Warner Sites & Services, is strictly prohibited. Warner may take action it reasonably deems appropriate in response, including suspension of any Account involved. You acknowledge and agree that Warner will have no liability for the use or loss of Virtual Items due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. Warner may replace any lost Virtual Items under certain circumstances, in our sole reasonable discretion and on a case-by-case basis, without incurring any obligation or liability.
7. Third-Party Services
8. User Content
8.1 From time to time, certain aspects of the Warner Sites & Services may invite or otherwise allow you to submit or post a variety of content to the Warner Sites & Services, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Warner Sites & Services or through a Third Party Service (collectively, “User Content”). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Warner Sites & Services (either directly or through a Third Party Service) you grant Warner a royalty-free, perpetual, non-exclusive, sublicensable, assignable, unrestricted, worldwide licence to use the User Content, together with all consents or waivers including a waiver of moral rights in favour of Warner (if any) necessary to reproduce, distribute, publicly perform, publicly display, 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 in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person.
8.2 Please retain copies of all User Content as Warner is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. Warner only acts as a passive conduit for User Content that appears on the Warner Sites & Services, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Warner is under no obligation to monitor User Content or use of the Warner Sites & Services. However, Warner has the right to monitor and moderate User Content, in our sole reasonable discretion, and to enforce our, or a third party’s, intellectual property rights in any User Content. Warner reserves the right to discard or remove User Content from the Warner Sites & Services in our sole reasonable discretion and without any liability whatsoever.
8.3 You agree the following as to your User Content:
8.3.1 You have obtained the consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor’s parent or guardian) to use that person’s name, voice, or likeness (as applicable) in connection with the Warner Sites & Services and pursuant to these Terms.
8.3.2 Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trade marks.
8.3.3 Your User Content, as used in connection with the Warner Sites & Services, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party privacy or data protection rights.
8.3.4 Warner may exercise the rights to your User Content granted herein without being required to make any payment to you including payment of royalties, residuals, guild fees, or the like, to you or any third party.
9. Code of Conduct
You agree that you will not use the Warner Sites & Services to upload, post, or otherwise distribute any User Content that:
- constitutes or promotes illegal activity;
- is infringing, libellous, defamatory, abusing, harassing, or threatening;
- contains any obscene, pornographic, racist, or otherwise offensive material;
- exploits or harms children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;
- promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorised by applicable Additional Terms;
- is subject to confidentiality or non-disclosure obligations;
- includes any visible logos or trade marks that belong to third parties;
- disguises its source or origin, or misrepresents its author, by modifying metadata or other identifiers; or
- links to any third-party sites or services that would violate the standards contained in this list.
In using the Warner Sites & Services you also agree not to:
- attempt to interfere with the operation of the Warner Sites & Services in any way;
- copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Warner Sites & Services except: (a) as authorized herein; or (b) in the case of public search engines, which are granted a revocable right to crawl publicly accessible portions of the Service in compliance with instructions posted on applicable “robots.txt” files and without circumventing any technical barriers, for the sole purpose of creating public searchable indexes, but not caches or archives;
- use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the Warner Sites & Services, or frame any portion of the Warner Sites & Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Warner Sites & Services;
- assign, sublicense, pledge or transfer any of your rights or obligations under these Terms to any person or entity without Warner’s prior written consent which may be withheld in Warner’s sole discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void);
- use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Warner Sites & Services;
- use the Warner Sites & Services for any sending of “spam” or any malicious or disruptive communications;
- decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Apps, other software, or digital rights management feature on the Warner Sites & Services into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Warner Sites & Services or piece of Content available on the Warner Sites & Services; or
- intercept, record, or modify network communications transmitted between any Apps, software, or digital rights management features and Warner’s networks or systems.
10. Unsolicited Submissions and Feedback
Please be aware that Warner does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstanding when projects developed by Warner staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send Warner any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and Warner and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.
11. International Use
The Warner Sites & Services are only for users who are consumers habitually resident in the UK or Business Users based in the UK. Warner makes no representation that every aspect of the Warner Sites & Services is appropriate or available for use in any particular jurisdiction.
12. Disclaimer of Warranties
The following terms apply to your use of the Warner Sites & Services:
12.1 Due to factors such as the provision of the Warner Sites & Services being via the Internet, Warner does not warrant that the Warner Sites & Services will be available, uninterrupted, secure, or error-free, or that the Warner Sites & Services or the services that make the Warner Sites & Services available are free of viruses or other harmful components.
12.2 If you are a consumer: nothing in these terms affects your statutory rights.
12.3 If you are a Business User:
- Warner does not warrant or make any representations regarding the use or the results of the use of the Warner Sites & Services, information, software, content, or other materials available through the Warner Sites & Services, or any website, app, platform, or service linked to the Warner Sites & Services, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality security, or otherwise;
- Warner assumes no liability or responsibility for errors or omissions in such services, information, software, content, or other materials available through the Warner Sites & Services, or any other website, app, platform or service linked to the Warner Sites & Services;
- Warner makes no warranties that your use of the Warner Sites & Services, information, software, content, or other materials available through the Warner Sites & Services or any website, app, or service linked to the Warner Sites & Services will not infringe the rights of others; and
- nothing in these Terms creates any new implied warranties with respect to the Warner Sites & Services.
13. Our Responsibility to You (Limitation of Liability)
13.1 IF YOU ARE A CONSUMER
13.1.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, 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 that we entered into these Terms, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.1.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
13.1.3 We are not responsible for your use of, or inability to use, the Warner Sites & Services except where we breach your legal rights in relation to goods, paid-for services or digital content.
13.1.4 When we are liable for damage caused by defective digital content.If defective digital content which we have supplied 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 repair the damage or pay you compensation. However, we will not be liable: (i) for damage which you could have avoided by following our advice to apply an updated offered to you free of charge or (ii) for damage which was caused by you failing to correctly follow installation instructions or have in place the minimum requirements advised by us.
13.1.5 We are not responsible for business losses. If you are a consumer we only supply the Warner Sites & Services to you for domestic and private use. If you use the Warner Sites & Services for any commercial, business or resale purpose, our liability to you will be limited as set out in section 13.2.
13.2 IF YOU ARE A BUSINESS USER
13.2.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; or for fraud or fraudulent misrepresentation.
13.2.2 Subject to 13.2.1, except where explicitly stated otherwise in applicable Additional Terms, in no event will Warner’s aggregate liability to you in connection with the Warner Sites & Services or these Terms exceed the greater of the amount (if any) paid by you to Warner in the six months immediately preceding the event giving rise to the claim or £100. The exclusions and limitations in this section apply to all actions, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, regardless of the basis upon which liability is claimed and even if Warner has been advised of the possibility of such loss or damage.
13.2.3 Subject to 13.2.1, Warner does not accept any liability for any of the following losses arising from your use or inability to use the Warner Sites & Services: loss of profits, loss of business opportunity, business interruption, loss of anticipated savings, or loss or goodwill or reputation, loss or damage which is punitive, incidental, special, exemplary, arising from or related to these terms, or your use of or inability to use the Warner Sites & Services, or indirect or consequential damage.
14. Indemnity for Warner - for Business Users only
You agree to indemnify and hold harmless Warner and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, incurred by the Indemnified Parties and arising out of any third party claim, whether actual or threatened brought or made against any of the Indemnified Parties, resulting from your act or omission relating to: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Warner Sites & Services; (iii) your placement or transmission of any User Content onto the Warner Sites & Services; (iv) any use of your Account in violation of these Terms or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.
15. Governing Law and Dispute Resolution
15.1 Informal Resolution
If a dispute arises between you and us, and you are a:
- Business User: you agree to first provide us with notice of your complaint via email to email@example.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received; or
- Consumer: you may contact us via email to firstname.lastname@example.org so that we may attempt to resolve the dispute informally. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
15.2 Applicable Law and Venue
Except as otherwise provided herein, these Terms will be governed by, construed, and enforced in accordance with the laws of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction except that:
- if you are a consumer and resident of Northern Ireland you may also bring proceedings in Northern Ireland;
- if you are a consumer and resident of Scotland, you may also bring proceedings in Scotland; and
- if you are a Business User the courts of England and Wales will have exclusive jurisdiction
16. Other Important Terms
16.1 Events outside Our control
- Warner will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
16.2 Even if we delay in enforcing these Terms, we can still enforce them later
No failure or delay by either of us in exercising our rights under these Terms will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.
16.3 If a court finds part of these Terms to be illegal, the rest will continue in force..
If any part of a provision of these Terms is held unlawful, void, or for any reason unenforceable, then that part of the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
The titles of the sections of these Terms are for convenience of reference only and are not to be considered in construing these Terms. Unless the context of these Terms clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) “or” has the inclusive meaning “x” or “y” or both “x” and “y”; (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder,” “herein,” or “hereof” relate to these Terms as a whole. Any reference in these Terms to any statute, rule, regulation, or agreement, including these Terms, will be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.
16.5 Some parts of these Terms will continue to apply after termination
16.6 Entire Agreement - for Business Users
17. Copyright Agent
If you believe that any User Content or other material on the Warner Sites & Services infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below:
- Your name, address, telephone number, and (if available) email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- 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;
- Your electronic or physical signature, or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to Warner’s Copyright Agent at the following address:
Warner Bros. Entertainment Inc. Attention: Copyright Agent 4000 Warner Boulevard Burbank, CA 91522 Tel: (818) 977-0018 Fax: (818) 977-7929 Email: email@example.com
If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content. We have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.
We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at firstname.lastname@example.org. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable
19. Contact Us
You may contact us at the addresses specified herein for specific requests, or contact Customer Service with general inquiries. Please do not send us any Unsolicited Submissions (as discussed in section 10 above).
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS, PLEASE DO NOT ACCESS OR USE THE WARNER SITES & SERVICES.
Last updated: June 24, 2020