Terms of Use - Warner Bros.

Updated: September 1, 2016

Welcome and thank you for using a Warner Bros. Entertainment Group service (“Warner”, “we”, “us”, or “our”). These terms of use (“Terms of Use”) govern the use of our online and mobile websites, applications and games, our social media sites, community forums and blogs, platforms, and services, and any other software, features, widgets, plug-ins, downloads, materials, products and services in connection with which these Terms of Use are posted or linked (collectively, “Warner Services”). The term “Warner Services” includes any and all text, images, videos, audio, audio-visual works, digital comics and magazines, data, information, games, software, upgrades for use in games or on or through the Warner Services (including any new levels, characters, and in-game items), and any other content appearing on or made available in connection with such Warner Services.

Warner Services are presented solely for the purpose of providing entertainment, products, services and information and to promote programs, films, music, and other products available in the United States.

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.

1. Your Acceptance of these Terms of Use. Please read these Terms of Use carefully because they affect your legal rights and obligations. These Terms of Use are legally binding terms that govern your use of Warner Services, and by using the Warner Services you are deemed to have agreed to them. If you do not wish to be bound by these Terms of Use, you may not access or use the Warner Services.

Some Warner Services may also be subject to additional terms and conditions, which may include age requirements, codes of conduct, photo submission guidelines, sweepstakes and contest rules or terms for payment (“Additional Terms”). The Additional Terms supplement and are incorporated into and become part of these Terms of Use, unless otherwise expressly stated. In the event of a conflict, the Additional Terms will take precedence over the conflicting terms in these Terms of Use and all other terms of these Terms of Use will continue in full force and effect.

Please note that we reserve the right, in our sole discretion, to modify these Terms of Use at any time. You should visit these Terms of Use each time you use the Warner Services to review and become familiar with any modifications we may make to these Terms of Use. You agree that we may notify you of modified terms by posting them on the Warner Services (or in any other reasonable manner of notice which we elect), and that your use of the Warner Services after such notice constitutes your agreement to the modified Terms of Use which govern your ongoing use of the Warner Services.

2. 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-india.com/privacy to read this notice. Your use of Warner Services constitutes your acceptance of the practices set forth in this privacy notice.

3. How to Contact Us. Please send any general correspondence to [email protected]. If you have any questions regarding privacy, please separately send them to [email protected].

4. Access to Warner Services. Access to and functionality of the Warner Services will depend on your device’s capabilities and Internet and/or mobile network service.

Unless otherwise provided in relevant Additional Terms, 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.

5. Third-Party Sites. Warner Services may link to, integrate with, or incorporate third party content, sites, services, or platforms (collectively, “Third Party Services”). Third Party Services may contain information or material or take actions that some people may find inappropriate, objectionable, or offensive. Warner is not responsible for Third Party Services, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and Warner disclaims all liability in connection therein. The inclusion of Third Party Services does not imply endorsement of any Third Party Services by Warner or any association with its operators. To learn more about Third Party Services, consult the Third Party Services privacy policy and terms of use.

6. Your Use of Warner Services.

6.1. License to Warner Services. Unless otherwise provided in relevant Additional Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access, view, and use Warner Services for non-commercial, personal, entertainment use only as part of your interaction with Warner Services subject to your complete compliance with these Terms of Use, Additional Terms, and any and all other terms and policies set forth on or in the Warner Services including Third Party Services. You may access, view, and use Warner Services solely on the number and type(s) (if so limited) of devices specified in the Warner Services or in the third party store in which the Warner Services were downloaded (for example, the iTunes App store, the Google Play store).

Subscription-based Warner Services. You may cancel your subscription for any Warner Services that we make available to you on a subscription basis through the applicable Warner Services or Third Party Services that you used to set up your subscription. We reserve the right to change subscription terms and fees from time to time, effective as of the beginning of the next subscription term upon notice to you.

Except as expressly provided herein, Warner does not grant you any other express or implied right or license in or to the Warner Services and all right, title and interest that Warner has in the Warner Services not explicitly granted to you by Warner, are retained by Warner.

6.2. Code of Conduct. 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, sell, rent, lease, lend, broadcast, stream, sublicense, transfer or otherwise assign or use the Warner Services in any way unless specifically authorized by us.

(b) Bypass, modify, defeat, interfere with, tamper with or circumvent any of the security functions or protections (for example, through the use of cracking and network probing tools) of Warner Services, including, but not limited to, any digital rights management functionality;

(d) Decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software in Warner Services into a readable form 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.

6.3. Investigations. We reserve the right, without notice and in our sole discretion, to take action upon an actual or suspected violation of these Terms of Use, including but not limited to (i) investigating suspected violations of the Terms of Use; (ii)restricting, suspending, terminating, or refusing your access to or use of Warner Services, in whole or in part; (iii) modifying or removing Warner Services or taking other corrective actions; (iv) reporting your conduct, activity, or identity to law enforcement or other appropriate authorities; (v) taking appropriate legal action against you; or (v) otherwise taking action to protect our rights and the rights of any third party. BYACCEPTING THIS AGREEMENT YOU WAIVE ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE WARNER GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS.

7. Your Account. Unless otherwise provided in relevant Additional Terms, we may require you to create a user account (“Account”) in order to access and/or use certain aspect of Warner Services. You acknowledge and agree that you have no ownership or other proprietary interest in such Account. To create an Account, we may require or request that you provide us with certain information, some of which may be personal information (for example, your name and/or e-mail address). Providing Warner with your personal information is your choice, and is subject to our Privacy Policy . 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 (as defined in Section 8.1, below), 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 [email protected].
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.
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 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.

8. Virtual Currency and Virtual Items.

8.1 General Terms. You acknowledge that the Warner Services may include fictional credits, points or currency (collectively, “Virtual Currency”). The Virtual Currency may be used to gain access to and certain limited rights to use items exclusively within the Warner Services (“Virtual Items”). Virtual Currency and Virtual Items provided by Warner include only a limited license to use the Virtual Currency and Virtual Items governed solely under these Terms of Use. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency and Virtual Items on and in the Warner Services including in or for any games, applications or other services provided or offered on or through the Warner Services, you agree that you have no right, title or ownership in or to any such Virtual Currency and Virtual Items and that such Virtual Currency and Virtual Items are not redeemable for any sum of money or monetary value from Warner or any other person or entity at any time. You acknowledge and agree that Virtual Currency and Virtual Items have no cash value and that neither Warner nor any other person or entity has any obligation to exchange your Virtual Currency or Virtual Items for anything of value, including without limitation, real currency, and that, if your Account is terminated, suspended or otherwise modified or if your right to access the Warner Services is terminated, the Virtual Currency, Virtual Items and your Account shall have no value.

All purchases of licenses to Virtual Currency and Virtual Items are final. By purchasing a license to use Virtual Currency and/or Virtual Items (for example, 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.

8.2 Unauthorized Transactions. Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Virtual Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Warner Services, is strictly prohibited. All users who participate or assist in such activities acknowledge that Warner may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction or Account when it suspects or has evidence of fraud, violations of these Terms of Use, violations of any other applicable law or regulation, or of any intentional act designed to interfere at all with the normal operation of the Warner Services. You further agree that Warner may, in our sole discretion, reverse any transaction, debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. You acknowledge and agree that Warner shall have no liability for the use or loss of Virtual Currency and/or Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity. Warner may replace such lost Virtual Currency and/or Virtual Items under certain circumstances, in our sole discretion on a case-by-case basis, without incurring any obligation or liability. If Warner revokes your license, Warner will not have any liability to you for any time spent by you, any Virtual Currency or Virtual Items associated with your Account, or for any other reason whatsoever.

9. Financial Transactions. You may be required to provide Warner or its designated agent with your credit card number, banking information or other billing information, and related information to purchase licenses to products or services, including Virtual Currency. You may also have the option of participating in third party offers to receive products, services or Virtual Currency. Warner is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions on the Warner Services, on or through Third Party Services, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or third party store (for example, iTunes App Store or Google Play). Warner expressly disclaims any liability for any such transactions processed through a third party store. You acknowledge and agree: (i) that any credit card transaction-related information will be treated by Warner as described in the Warner Bros. privacy policy (www.warnerbros-india.com/privacy ) and will be subject, as applicable, to the privacy policy of the third-party payment processor(s) or stores used or linked to by Warner on or through the Warner Services or Third Party Services, (ii) that all credit card and other payment related information that you provide to Warner or its designated payment processor or to a third party store, or a third party providing offers, is accurate, current and complete; (iii) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (iv) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.

10. User Content Submitted to Warner 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 user-generated content 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 (“User Content”), whether submitted to Warner Services directly or through a social media or other third party site, service, or platform .

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. When you submit User Content to any Warner Services, you agree to adhere to the rules below in addition to abiding by all other requirements set forth in these Terms of Use.

(a) Get permission . Your User Content may not include the names, voice or likenesses of any individual unless you know them and have express permission to include them in your User Content (or unless Additional Terms provide otherwise);

(b) Don’t violate anyone’s rights . Your User Content may not infringe any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks.

(c) Watch those marks. Your User Content may include any visible logos, phrases, or trademarks that belong to third parties;

(d) Please act appropriately. Your User Content may not violate any law or may be considered to violate any law nor should it advocate or promote illegal activity. Do not submit User Content that seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. You may not submit User Content that libels, defames, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, offensive or constitutes hate speech, relates to or encourages money laundering or gambling. If you are in India, do not submit User Content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other information;

(e) Keep it confidential. Do not disclose inside, proprietary or confidential information or information received in the context of an employment arrangement or under a non-disclosure agreement;

(f) Be transparent. Do not impersonate or misrepresent your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of uploaded User Content;

(g) Don’t conduct business . You may not advertise any commercial endeavor (for example, offering for sale products or services) or otherwise engage in any commercial activity (for example, 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

(h) Careful where you link. Do not include links to, incorporate, or otherwise promote sites or services in your User Content that would violate these Terms of Use.

10.3 Our Use of User Content. By posting or uploading User Content to Warner Services, including through Third Party Services, you grant to Warner a royalty-free, perpetual, irrevocable, 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, 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 or any other person, without payment or other reference to you or any other person, and to advertise and promote such use, in perpetuity;

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 from the Warner Services 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 submissions of any kind, whether they may be in the form of ideas, 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 ideas similar to 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;

(d) You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in;

(e) You consent to having your personal information transferred to and processed in the United States in accordance with the Warner Bros. Privacy Policy; 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.

16. Governing Law. These Terms of Use will be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.

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 protected]. 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.

With the exception of class actions (further discussed in Section 18), claims to enforce intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), and claims of piracy or unauthorized use of Warner Services, any dispute of any kind between you and any of the Warner Bros. Entertainment Group arising under these Terms of Use or in connection with your use of Warner Services (“Dispute”), if unresolved through informal discussions within sixty (60) days of receipt of notice, will be resolved by binding arbitration in the United States of America.

Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court in the United States. However, after such request for relief has been heard by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein. We reserve the right to demand any remedy for violations of these Terms of Use and/or any other rules and regulations set forth on Warner Services, including without limitation the right to block access from a particular Internet protocol (IP) address.

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

The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

If the claim you wish to assert against us is less than $10,000, then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court in the United States of America. If either party files a claim in state or federal court that is required by these Terms of Use to have been brought to arbitration, then the other party will be entitled to his/her/its reasonable attorneys' fees incurred in successfully compelling arbitration.

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.

18. Class Action Waiver. You and Warner agree that Disputes will be resolved on an individual basis, and that any claims brought under these Terms of Use or in connection with Warner Services must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with Warner Services. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Los Angeles County in the State of California.

19. Severability. If any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

20. Claims of Infringement. If you believe that any Warner Services infringe 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;

(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

Email: [email protected]

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.

Australia

Warner Bros. Entertainment Australia Pty Limited

Austria

Warner Bros. Pictures GmbH

Belgium

Warner Bros. Entertainment Nederland BV (Belgian Branch)

Canada

Warner Bros. Canada Entertainment Inc.

Denmark

Warner Bros. Entertainment Danmark ApS

Warner Home Video Denmark, a division of Warner Bros. Entertainment Danmark ApS

France

Warner Bros. Entertainment France S.A.S

Warner Home Video France, a division of Warner Bros. Entertainment France S.A.S.

Germany

Warner Bros. Entertainment GmbH

Warner Home Video Germany, a division of Warner Bros. Entertainment GmbH

Ireland

Warner Bros. Pictures International Ireland, registered as a place of business of Warner Bros. Entertainment UK Limited

Netherlands

Warner Bros, Entertainment Nederland B.V

Warner Home Video Benelux, a division of Warner Bros. Entertainment Nederland B.V.

Italy

Warner Bros. Entertainment Italia S.r.L.

Warner Home Video Italy, a division of Warner Bros. Entertainment Italia S.r.L.

Norway

Warner Bros. Entertainment Norge AS

Warner Home Video Norway, a division of Warner Bros. Entertainment Norge AS

Poland

Warner Bros. Entertainment Polska Sp z.o.o.

Russia

Warner Bros. Entertainment Limited Liability Company

Spain

Warner Bros. Entertainment España SL

Warner Home Video Spain, a division of Warner Bros. Entertainment España, SL

Sweden

Warner Bros. Entertainment Sverige AB

Warner Home Video Sweden, a division of Warner Bros. Entertainment Sverige AB

Switzerland

Warner Bros. Entertainment Switzerland GmbH

Warner Home Video Switzerland, a division of Warner Bros. Entertainment Switzerland GmbH

Turkey

Warner Bros Turkey Film Limited Sirketi

United Kingdom

Warner Bros. Entertainment UK Limited

Warner Bros. International Television Production Limited

Warner Bros. Studios Leavesden Limited

Warner Home Video (UK) Limited

Rocksteady Studios Limited

TT Games Limited

Travellers Tales (UK) Limited

United States

E.C. Publications, Inc. dba DC Entertainment

Flixster, Inc.

New Line Productions Inc.

Telepictures Productions Inc.

Turbine, Inc.

WB Games Inc.

TMZ Productions, Inc.

Warner Bros. Animation Inc.

Warner Bros. Consumer Products Inc.

Warner Bros. Digital, a division of Warner Bros. Technical Operations Inc.

Warner Bros. Digital Distribution, a division of Warner Bros. Home Entertainment Inc.

Warner Bros. Distributing Inc.

Warner Bros. 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. Studios Facilities, a division of WB Studio Enterprises Inc.

Warner Bros. Technology Solutions, a division of Warner Bros. Entertainment Inc.

Warner Bros. Television, a division of WB Studio Enterprises Inc.

Warner Bros. Television Group

Warner Bros. Worldwide Television Distribution Inc.

Warner Home Video, a division of Warner Bros. Home Entertainment Inc.

Time Warner companies

The Cartoon Network, Inc.

Home Box Office, Inc.

Time Warner Inc.

Turner Broadcasting System, Inc.