Welcome to a Warner Bros. Entertainment Group Web site (the "Site"). Thank you for visiting and have a great time!
It is important to us that you, and our other
visitors, have the best possible time while using the Site and that
when you use this Site you are fully aware of your respective legal
rights and obligations. For that reason, we have created these Terms of
Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use please do not use
this Site. By using this Site you will be deemed to have irrevocably
agreed to these terms.
Some areas of this Site may be subject to
additional terms and conditions, which you should read carefully before
making any use of those areas. Such additional terms will not change or
replace these Terms of Use regarding use of this Site, unless otherwise
expressly stated.
Please note that these Terms of Use may be
revised and reissued without notice at any time by updating this
posting. You should visit this page regularly to review the current
Terms of Use. Your continued use of the Site will be deemed as
irrevocable acceptance of any revisions. These Terms of Use were last
updated on October 20, 2008.
How To Contact Us
This Site is controlled and operated by Warner Bros. Advanced Digital
Services, a division of Warner Bros. Technical Operations Inc. and/or
Warner Bros. Entertainment Inc., located at 4000 Warner Blvd., Burbank,
CA 91522 (collectively, "Warner"). Please forward any comments or
complaints about the Site to [email protected]. Please forward any questions regarding privacy to [email protected]. Please forward any questions regarding other legal matters to [email protected].
Your Registration
To access this Site or some of the resources it has to offer, you may
be asked to provide registration details. It is a condition of use of
this Site that all the details you provide be correct, current, and
complete. If we at Warner believe the details are not correct, current,
or complete, we have the right to refuse you access to the Site, or any
of its resources, and to terminate or suspend your account.
Unless we have received a properly completed
and acceptable parental consent form governing your use of this Site,
we will assume (and by using this Site you warrant that) you have legal
capacity to enter into the agreement set out in these Terms of Use
(i.e., that you are of sufficient age and mental capacity and are
otherwise entitled to be legally bound in contract).
Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we
provide a notice explaining our online information practices and the
choices you can make about the way your information is collected and
used at this site. Click here to show this notice, which forms part of these Terms of Use.
Trademarks and Copyrights
This Site and materials incorporated by Warner on this Site
("Material") are protected by copyrights, patents, trade secrets or
other proprietary rights ("Copyrights"). Some of the characters, logos
or other images incorporated by Warner on this Site are also protected
as registered or unregistered trademarks, trade names and/or service
marks owned by Warner or others ("Trademarks"). Warner respects the
intellectual property rights of others and asks users of this Site to
do the same.
Your Use of Material
Your right to make use of this Site and any Material or other content
appearing on it is subject to your compliance with these Terms of Use.
Modification or use of the Material or any other content on this Site
for any purpose not permitted by these Terms of Use may be a violation
of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material and all
other content displayed on this Site for non-commercial, personal,
entertainment use on a single computer only. The Material and all other
content on this Site may not otherwise be copied, reproduced,
republished, uploaded, posted, transmitted, distributed or used in any
way unless specifically authorized by Warner. Any authorization to copy
Material granted by Warner in any part of this Site for any reason is
restricted to making a single copy for non-commercial, personal,
entertainment use on a single computer only, and is subject to your
keeping intact all copyright and other proprietary notices. Using any
Material on any other web site or networked computer environment is
prohibited. Also, decompiling, reverse engineering, disassembling, or
otherwise reducing the code used in any software on this Site into a
readable form in order to examine the construction of such software
and/or to copy or create other products based (in whole or in part) on
such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER
CONTENT IN THE SITE 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, THE SITE, WARNER AND ANY
SUBSIDIARIES OR AFFILIATED COMPANIES OF WARNER ("THE WARNER GROUP")
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WARNER GROUP DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARNER GROUP DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER
CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE WARNER
GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB
SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE WARNER GROUP
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
OF THE SITE OR ANY OTHER WEB SITE. 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.
Limitation of Liability
THE WARNER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES
NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR
OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR
ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES,
SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS
OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF
THE WARNER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE WARNER
GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. 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.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR
ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS
SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF THE WARNER GROUP OR
CONTENT PROVIDERS. WARNER DOES NOT UNDERTAKE TO MONITOR OR REVIEW
FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF WARNER.
WARNER MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT
ANY TIME IN WARNER'S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT
YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON
LIABILITY SET OUT ABOVE.
Submissions, Postings and E-mails
Warner is interested in hearing from you regarding your questions or
comments about our Site. However, the Warner Group does not accept or
consider unsolicited submissions of any kind (e.g. scripts, treatments,
concepts, or any other materials) in any format, by any means of
transmission (including email). Any such submissions are either
returned to the sender without being reviewed or deleted or discarded
without being reviewed. Therefore, please do not send any unsolicited
submissions of any member of the Warner Group.
From time to time, areas on this Site may
expressly request submissions of concepts, stories, or other potential
content from you ("Invited Submissions"'). Where this is the case,
please carefully read any specific rules or other terms and conditions
which appear elsewhere on this Site to govern those submissions
("Additional Terms"), as they will affect your legal rights. If no
Additional Terms govern those submissions, then these Terms of Use will
apply in full to any Invited Submissions you make.
In any event, any material you send to us will not be treated as confidential.
Please act responsibly when using this Site.
You may only use this Site and its contents for lawful purposes and in
accordance with applicable law and you are prohibited from storing,
distributing or transmitting any unlawful material through this Site.
You may not collect or store personal information regarding other
users. You recognize that storing, distributing or transmitting
unlawful material could expose you to criminal and/or civil liability.
You agree that if a third party claims that material you have
contributed to the Site is unlawful, you will bear the burden of
establishing that it is lawful. You understand and agree that all
materials publicly posted (other than by Warner) or privately
transmitted on or through this Site are the sole responsibility of the
sender, not Warner, and that you are responsible for all material you
upload, post or otherwise transmit to or through this Site.
We at Warner require that you do not post
e-mails or submit to or publish through Forums or otherwise make
available on this Site any content, or act in a way, which in our
opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c) seeks to exploit or harm children by
exposing them to inappropriate content, asking for personally
identifiable details or otherwise;
(d) infringes any intellectual property or
other right of any entity or person, including violating anyone's
copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) you do not have the right to transmit
under any contractual or other relationship (e.g., inside information,
proprietary or confidential information received in the context of an
employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your
connection to any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the content;
(i) 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, and/or soliciting goods or services)
except as specifically authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain
viruses, worms and/or 'Trojan horses' or any other computer code, files
or programs designed to interrupt, overload, collapse, destroy or limit
the functionality of any computer software or hardware or
telecommunications;
(l) disrupts the normal flow of dialogue,
causes a screen to scroll faster than other users are able to type, or
otherwise act in a way which affects the ability of other people to
engage in real time activities via the Site;
(m) copies any other pages or images on this Site except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a 'pyramid' or similar scheme;
(p) amounts to 'data warehousing' (i.e.,
using any web space made available to you as storage for large files or
large amount of data which are only linked from other sites). You must
provide a reasonable amount of content to accompany such material in
order that at least some of the traffic to your site comes directly via
us;
(q) disobeys any policy or regulations
established from time to time regarding use of this Site or any
networks connected to this Site; or
(r) contains links to other sites that
contain the kind of content, which falls within the descriptions set
out at (a) to (q) above.
In addition, you are prohibited from removing
any sponsorship banners or other material inserted by Warner anywhere
on this Site (e.g., on any web space made available for your use).
System Abuse
Without limitation, you agree not to send, create or reply to so called
"mailbombs" (i.e., emailing copies of a single message to many users,
or sending large or multiple files or messages to a single user with
malicious intent) or engage in "spamming"(i.e., unsolicited emailing
for business or other purposes) or undertake any other activity which
may adversely effect the operation or enjoyment of this Site by any
other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Security
Any usernames and passwords used for this Site are for individual use
only. You shall be responsible for the security of your username and
password (if any). Warner shall be entitled to monitor your username
and password and, at its discretion, require you to change it. If you
use a username and password that Warner considers insecure, Warner will
be entitled to require this to be changed and/or terminate your
account.
You are prohibited from using any services or
facilities provided in connection with this Site to compromise security
or tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security (e.g. password
guessing programs, cracking tools or network probing tools) are
strictly prohibited. If you become involved in any violation of system
security, Warner reserves the right to release your details to system
administrators at other sites in order to assist them in resolving
security incidents.
Investigations
Warner reserves the right to investigate suspected violations of these
Terms of Use, including without limitation any violation arising from
any submission, posting or e-mails you make or send to any Forum.
Warner may seek to gather information from the user who is suspected of
violating these Terms of Use, and from any other user. Warner may
suspend any users whose conduct or postings are under investigation and
may remove such material from its servers as it deems appropriate and
without notice. If Warner believes, in its sole discretion, that a
violation of these Terms of Use has occurred, it may edit or modify any
submission, posting or e-mails, remove the material permanently, cancel
postings, warn users, suspend users and passwords, terminate accounts
or take other corrective action it deems appropriate. Warner will fully
cooperate with any law enforcement authorities or court order
requesting or directing Warner Bros. Entertainment Inc. Warner to
disclose the identity of anyone posting any e-mails, or publishing or
otherwise making available any materials that are believed to violate
these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS ALL MEMBERS OF THE WARNER GROUP FROM ANY CLAIMS RESULTING FROM
ANY ACTION TAKEN BY ANY MEMBER OF THE WARNER GROUP DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE WARNER GROUP OR
LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide Web
and pay any service fee associated with that access. You will need to
provide all equipment necessary to connect to the Site on the World
Wide Web (including a computer, modem and/or other access devices).
Warner reserves the right to modify or
discontinue, temporarily or permanently, all or any part of this Site
and/or any software, facilities and services on this Site, with or
without notice, and/or to establish general guidelines and limitations
on their use.
Local Regulations
Warner makes no representation that Materials or other content in the
Site are appropriate or available for use outside the United States,
its territories, possessions and protectorates. If you choose to access
the Site from other locations you do so on your own initiative and at
your own risk.
You are responsible for complying with local
laws, if and to the extent local laws are applicable. You specifically
agree to comply with all applicable laws concerning the transmission of
technical data exported from the United States or the country you
reside in.
Indemnity
You agree to indemnify and hold harmless Warner and its officers,
directors, employees, agents, distributors and affiliates from and
against any and all claims, demands, liabilities, costs or expenses,
including reasonable attorney's fees, resulting from your breach of any
of the foregoing provisions, representations or warranties, and/or from
your placement or transmission of any content onto Warner's servers,
and/or from any and all use of your account.
Our Use of Content
Warner will consider anything you provide to Warner and/or contribute
to this Site as available for our use free of any obligations to you,
except where solicited Invited Submissions are expressly governed by
Additional Terms appearing elsewhere on this Site (see 'Submissions,
Postings and E-mails' above), in which event those Additional Terms
will determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional
Terms, by posting or uploading any content to this Site and/or
providing any communication or material to Warner ("User Content"), you
automatically and irrevocably: (a)grant and assign to Warner a
royalty-free, perpetual, non-exclusive, unrestricted, worldwide license
to any and all rights in the User Content including without limitation
all copyright, together with all consents (if any) necessary to enable
its reproduction, distribution, modification, publishing and/or other
exploitation by Warner and/or by any person authorized by Warner, by
any means and in all media now known or hereafter devised, without
payment or other reference to you or any other person, and to advertise
and promote such exploitation, for the full period of all such rights
(together with any extensions and renewals) and insofar as possible in
perpetuity; (b) waive all moral rights in the User Content which may be
available to you in any part of the world and confirm that no such
rights have been asserted; (c) appoint Warner as your agent with full
power to enter into any document and/or do any act Warner may consider
appropriate to confirm the grant and assignment, consent and waiver set
out above; (d) warrant that you are the owner of the User Content and
entitled to enter into these Terms of Use; (e) confirm that no such
User Content will be subject to any obligation, of confidence or
otherwise, to you or any other person and that Warner shall not be
liable for any use or disclosure of such User Content.
Third-Party Sites
This Site may link you to other sites on the Internet. These sites may
contain information or material that some people may find inappropriate
or offensive. These other sites are not under the control of Warner,
and you acknowledge that (whether or not such sites are affiliated in
any way with Warner) Warner is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the
content of such sites. The inclusion of such a link does not imply
endorsement of any site by Warner or any association with its
operators.
Warner cannot ensure that you will be
satisfied with any products or services that you purchase from any
third-party site that links to or from Warner since other shop channels
are owned and operated by independent retailers. Warner does not
endorse any of the merchandise, nor has Warner taken any steps to
confirm the accuracy or reliability of any of the information contained
in such third-party sites. Warner does not make any representations or
warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party, and you irrevocably waive any claim
against us with respect to such sites. We strongly encourage you to
make whatever investigation you feel necessary or appropriate before
proceeding with any online transaction with any of these third parties.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online
service is subject to the rules, policies and guidelines of such
proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are presented solely
for the purpose of providing entertainment and information and
promoting programs, films, music, and other products available in the
United States, its territories, possessions, and protectorates.
These Terms of Use shall 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.
Any dispute of any kind between you and any
member of the Warner Group arising under these Terms of Use shall be
resolved by binding arbitration in Los Angeles, California, pursuant to
the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator
shall be a retired judge or justice of any California state or federal
court with substantial experience in the entertainment industry and
shall follow California law in adjudicating the dispute.
If any provision of these Terms of Use shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable for this agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the
entire agreement between the parties relating to the matters contained
herein.
Claims of Infringement
If you believe that any content appearing on this Site 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 e-mail 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.
Copyright Agent
Warner Bros. Entertainment Inc.
c/o: Warner Bros. Advanced Digital Services, a division of Warner Bros. Technical Operations Inc.
4000 Warner Blvd.
Bldg. 168
Burbank, CA 91522
Tel: (818) 977 - 0018
Email: [email protected]
Warner seeks to preserve any and all
exemptions from liability that may be available under the copyright
law, but does not necessarily stipulate that it is a service provider
as defined in USC section 512(c) or elsewhere.