Updated: September 1, 2016
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.
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.
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.
6. Your Use of Warner Services.
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;
(c) Modify or remove any copyright, trademark, or other proprietary notices or labels on Warner Services;
(d) Decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software in Warner Services into a readable form 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.
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.
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.
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.
(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
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;
(c) You are responsible for complying with local laws, if and to the extent local laws are applicable;
(d) You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in;
(f) By purchasing Virtual Currency and Virtual Items, you are confirming that you want the Virtual Currency and/or Virtual Items immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
15. Indemnity. You agree to indemnify and hold harmless Warner and its officers, directors, employees, agents, distributors and its and their affiliates from and against any and all claims, demands, liabilities, costs or expenses, including without limitation, reasonable attorneys’ fees and costs, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your direct use, or use conducted on your behalf, of Warner Services, including but not limited to, placement or transmission of any content onto Warner’s servers, and/or from any and all use of your Account.
17. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
If a dispute arises between you and us, you agree to provide us with notice of the dispute via email to [email 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.
Any arbitrator proceeding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow California law in adjudicating the dispute. The parties agree that an arbitrator proceeding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this section or the class action waiver described below. The JAMS rules are available at www.jamsadr.com
To the extent the filing fee for the arbitration exceeds the cost of the filing fee for a lawsuit, Warner will pay the additional cost of the filing fee.
20. Claims of Infringement. If you believe that any 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;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Warner Bros. Entertainment Inc.
Attention: Copyright Agent
4000 Warner Boulevard, Bldg. 168
Burbank, CA 91522
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.
Warner Bros. Entertainment Australia Pty Limited
Warner Bros. Pictures GmbH
Warner Bros. Entertainment Nederland BV (Belgian Branch)
Warner Bros. Canada Entertainment Inc.
Warner Bros. Entertainment Danmark ApS
Warner Home Video Denmark, a division of Warner Bros. Entertainment Danmark ApS
Warner Bros. Entertainment France S.A.S
Warner Home Video France, a division of Warner Bros. Entertainment France S.A.S.
Warner Bros. Entertainment GmbH
Warner Home Video Germany, a division of Warner Bros. Entertainment GmbH
Warner Bros. Pictures International Ireland, registered as a place of business of Warner Bros. Entertainment UK Limited
Warner Bros, Entertainment Nederland B.V
Warner Home Video Benelux, a division of Warner Bros. Entertainment Nederland B.V.
Warner Bros. Entertainment Italia S.r.L.
Warner Home Video Italy, a division of Warner Bros. Entertainment Italia S.r.L.
Warner Bros. Entertainment Norge AS
Warner Home Video Norway, a division of Warner Bros. Entertainment Norge AS
Warner Bros. Entertainment Polska Sp z.o.o.
Warner Bros. Entertainment Limited Liability Company
Warner Bros. Entertainment España SL
Warner Home Video Spain, a division of Warner Bros. Entertainment España, SL
Warner Bros. Entertainment Sverige AB
Warner Home Video Sweden, a division of Warner Bros. Entertainment Sverige AB
Warner Bros. Entertainment Switzerland GmbH
Warner Home Video Switzerland, a division of Warner Bros. Entertainment Switzerland GmbH
Warner Bros Turkey Film Limited Sirketi
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
E.C. Publications, Inc. dba DC Entertainment
New Line Productions Inc.
Telepictures Productions 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.