Date Updated: July 2020
By using the sites, applications and/or any experiences, products or services associated with such sites and applications (each a “Digital Service”) owned and/or operated by Turner Broadcasting Systems Asia Pacific Inc. ("Warner Media", "we" or "us"), you signify your agreement with these Terms. We retain the right at any time to deny or suspend access to all or part of any Digital Service to anyone who we believe has violated any of these Terms.
Certain aspects of the Digital Service may be subject to additional terms and conditions, which may include, among other things, specific promotion rules, particular age requirements, codes of conduct, sweepstakes rules, contest and competition rules, and payment or subscription terms (collectively, “Additional Terms”). When Additional Terms are made available in connection with any aspect of a Digital Service, those Additional Terms also apply to your use of that aspect of the Digital Service and control in the event of a conflict with these Terms.
1. Eligibility, Registration Account and Subscription.
1.1 To be eligible to use a Digital Service, you may need to meet one or more the following criteria ("Eligibility Criteria"):
(a) in the case of a Subscription Digital Service, you must have reached the age of 18 or the age of legal majority in your country of residence;
(b) where required, you must have a registered account with WarnerMedia and/or a Third Party Platform Provider for a Digital Service (“Registered Account”);
(c) where required, you must have activated and authenticated your subscription to the Digital Service through a Third Party Platform Provider; and
(d) in the case of subscription to a Free Digital Service and you are a child (“Child / Children”) at the time of registration, consent of a parent or guardian to the subscription is required;
1.2 To access a Subscription Digital Service, you may register for a subscription in one of two ways: (i) directly with Warner Media through the applicable Digital Service; or (ii) through an authorized Third Party Platform Provider of that Digital Service. Your subscription together with your Registered Account enables access to the Subscription Digital Service. Third Party Platform Providers may require you to set up a separate account with them to access a Subscription Digital Service.
1.3 When you create a Registered Account for a Digital Service through Warner Media directly, you will be required to provide information including a valid email address and a password ("Required Information"). In order to obtain a Subscription Digital Service through Warner Media, you must provide a current and valid method of payment, such as a credit card or debit card, Paypal account or other methods authorized by Warner Media and related information such as name, address, credit card number, expiration date and security code (each, together, a "Payment Method"). You are responsible for all charges incurred in connection with your subscription. It is a condition of use of the Digital Service that all the details you provide, including the Required Information and Payment Method, will be correct, current, and complete and will not violate any law. If Warner Media or a Third Party Platform Provider believes the details are not correct, current or complete, do not meet the Eligibility Criteria or that you have otherwise violated this Agreement or any law, we each have the right at our sole discretion to suspend, terminate or refuse you access to the Digital Service, your Registered Account and/or any resources.
1.4 When you create a Registered Account for a Digital Service through a Third Party Platform Provider you will be asked by the Third Party Platform Provider to provide a current and valid Payment Method. Your Payment Method provided to the Third Party Platform Provider will be processed by such Third Party Platform Provider and not through the Digital Service or by Warner Media. Any enquiries related to payments through your Third Party Platform Provider should be directed to your Third Party Platform Provider directly. You are responsible for all charges incurred in connection with your subscription.
1.5 You are responsible for all activity occurring under your Registered Account, including maintaining the confidentiality of your email address and password, and you agree that any authorized user will not permit the disclosure of both your email address and password to any person. You agree that you will immediately notify Warner Media of any unauthorized use of your email and password by contacting us here. Warner Media and its Third Party Platform Providers shall not be liable for any loss or damage arising from your misuse of your Registered Account or failure to comply with the registration requirements.
1.6 You expressly acknowledge that we are relying on the information you have provided to us and warrant that this information is true and accurate. By beginning a free trial or subscribing to a Digital Service, you represent and warrant that the information you provide in connection with your Registered Account is complete and accurate, and that you have legal capacity to enter into this Agreement (i.e., that you are at least eighteen (18) years old or of sufficient age to be considered an adult in your country of residence and possess sufficient capacity or are otherwise entitled to be legally bound in contract in accordance with these Terms).
1.7 If you are a Child at the time of your registration for access to a Free Digital Service:
(b) If functionality permitting your parent(s) or legal guardian(s) to approve or disapprove your participation in, or access to, certain (but not all) elements on the Digital Service is implemented by us in connection with the Digital Service, on receipt of the appropriate communication from your parent(s) or legal guardian(s) we will activate those elements within the Digital Service which your parent(s) or legal guardian(s) have approved for your access from time to time. We will also de-activate your access to any elements within the Digital Service on receipt of any request or instruction from your parent(s) or legal guardian(s) to do so from time to time.
1.8 You acknowledge and agree that we will provide you with the Digital Service (subject to all Eligibility Criteria and the conditions in paragraph 1.3 above being met) and that you will be responsible for all equipment necessary for you to access the Internet and all telephone or other connection and service fees associated with such access.
2. Personal Non-Commercial Use by Users.
2.1 A Digital Service, and all Content (defined below) on that Digital Service, is for the personal use of individual Internet users and may not be transferred, assigned or used in connection with any commercial or illegal endeavours. Organisations, companies and/or businesses may not become Subscribers and may not use a Digital Service for any purpose. You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge. You also acknowledge that such consideration includes your enjoyment and use of the Digital Service and all features and activities available on the Digital Service; your receipt of data, materials and information available at or through the Digital Service; and the possibility of our review, use or display of User Content (as defined below in section 6).
2.2 Warner Media grants Visitors a limited, revocable, non-exclusive, non-sublicensable, non-transferable licence to access and use a Digital Service solely as permitted by the features and functionality of that Digital Service on your personal Internet-connected devices solely as provided in this Agreement and for the Visitors’ personal use. Warner Media grants Subscribers a limited, revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free licence to access, use, and privately display the Digital Service on the Subscriber’s personal Internet-connected devices, solely as permitted by the features and functionality of that Digital Service and solely as provided in this Agreement for the Subscriber’s personal use and only as long as the Subscriber continues to meet all of the Eligibility Criteria and is not otherwise in breach of this Agreement. The licence granted to Subscribers will enable Subscribers to view, preview, select, stream and access video, audio, graphics, photos, text, special features and/or messages ("Content") via a Digital Service in accordance with the terms of this Agreement during the timeframe in which each Subscriber’s account is active and for the duration of the access window for each individual Content item. Any unauthorized copy of a Digital Service, Content, underlying software or any portion of them will constitute a violation of copyright and any other applicable rights. Violation of this Agreement in any manner automatically terminates the licence granted to a Subscriber and obligates that Subscriber to cease all use of the applicable Digital Service.
3. Payment and Billing.
3.1 Certain aspects of a Digital Service may require payments. In the event you purchase a Virtual Item (defined in section 4 below), you agree to pay Warner Media or the Third Party Platform Provider (as applicable) the price and any applicable taxes and service fees.
3.2 In the event you purchase a subscription to a Subscription Digital Service (a “Subscription”), a subscription fee and any applicable taxes and service fees on a designated cycle for that Digital Service are payable (collectively, the "Subscription Fee"). With the exclusion of a free trial subscription to a Digital Service (as described below) the first Subscription Fee will be charged to your Payment Method on the date Warner Media or the Third Party Platform Provider confirms your Subscription. Thereafter, the Subscription Fee will be charged to your Payment Method by Warner Media or your Third Party Platform Provider on a recurring basis in accordance with your designated cycle. The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). Warner Media and Third Party Platform Provider reserve the right to change the price for a Subscription to a Digital Service in their sole discretion and will seek your agreement to any price changes prior to a bill at the new price being issued to you, in accordance with the law.
3.3 As a Subscriber, you may update your Payment Method at any time by accessing your account with Warner Media or your Third Party Platform Provider. If at any time Warner Media or the Third Party Platform Provider is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid account details or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, each of Third Party Platform Provider and Warner Media reserve the right to suspend your respective accounts and access to any Digital Service, until such time as the Payment Method has been updated to permit the Third Party Platform Provider or Warner Media (as applicable) to charge the Subscription Fee.
3.4 As a Subscriber, you may cancel your Subscription. If you subscribe directly with Warner Media, you will need to cancel your Subscription through Warner Media in accordance with Warner Media’s applicable cancellation policy. If you obtained your Subscription through a Third Party Platform Provider, you will need to cancel your Subscription directly with such Third Party Platform Provider in accordance with that Third Party Platform Provider’s applicable cancellation policy.
3.5 YOU HAVE NO RIGHT TO A REFUND, AND IT IS WARNER MEDIA’S POLICY NOT TO PROVIDE REFUNDS FOR ANY SUBSCRIPTION, OR TO PROVIDE CREDIT, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. FOR SUBSCRIPTIONS THROUGH A THIRD PARTY PLATFORM PROVIDER, OTHER TERMS MAY APPLY; PLEASE REVIEW THEIR POLICY ON REFUNDS. Warner Media and each Third Party Platform Provider reserve the right to offer refunds, discounts or other consideration in select circumstances at their sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
3.6 A Digital Service may be made available to Subscribers on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. These Terms apply to any Trial Subscription, unless otherwise specified. At the time of signing up for a Trial Subscription, as a Subscriber you must provide Warner Media or the Third Party Platform Provider with a valid Payment Method in order to use the Digital Service during the Trial Subscription period. Your Payment Method will not be charged by Warner Media or the Third Party Platform Provider during the Trial Subscription period. UNLESS YOU HAVE CANCELLED DURING THE TRIAL SUBSCRIPTION, UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR THE APPLICABLE DIGITAL SERVICE MAY BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD. Requirements for a special promotion will be stated at the time each offer is presented. As a condition of these Terms, you agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your Registered Account.
3.7 For enquires related to a Digital Service, or your Subscription through Warner Media (including Subscription Fee and Payment Method), please contact Warner Media Customer Support using our form.
3.7 For any Digital Service matters related to your Subscription through a Third Party Platform Provider (including Subscription Fee and Payment Method) or other matters relating to billing through your Third Party Platform Provider, please contact your Third Party Platform Provider directly.
3.8 We take security seriously. We have imposed reasonable security measures to ensure the protection of our Subscribers. If you have reason to believe that your Registered Account credentials have been compromised or misappropriated in some way, you should contact us immediately here.
4. Virtual Items
4.1 A Digital Service may feature fictional credits, items, rewards, points, currency, or the like (collectively, “Virtual Items”). The Virtual Items may be used exclusively within the Digital Service. You receive only a limited, personal, non-transferable, non-exclusive, non-sublicensable, non-assignable, and fully revocable licence to use the Virtual Items in connection with the Digital Service 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. You will receive no compensation for any Virtual Items that are deleted, modified, or to which you lose access if your Registered Account is terminated, suspended, or otherwise limited. Warner Media has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items as we see fit in our sole discretion, and Warner Media will have no liability to you or anyone else for the exercise of such rights. For example, Virtual Items may be immediately lost, deleted from your Registered Account, or otherwise forfeited if your account is terminated or closed for any reason or when Warner Media discontinues, modifies, or updates an applicable aspect of the Digital Service (for example, discontinuing a game featuring Virtual Items).
4.2 By indicating your desire to purchase a licence to any Virtual Items through a Digital Service, including by clicking or tapping the relevant purchase button, you confirm that you want said items credited to your Registered Account.
4.3 Any unauthorized transferring, trading, selling or exchanging of any Virtual Items, including to other users of Digital Service, is strictly prohibited. Warner Media may take such action as it deems appropriate in response, including deletion of the Virtual Items or termination or suspension of any Registered Account involved. You acknowledge and agree that Warner Media will have no liability for the use or loss of Virtual Items for any reason, including due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. Warner Media may replace such lost Virtual Items under certain circumstances, in our sole discretion and on a case-by-case basis, without incurring any obligation or liability. If Warner Media revokes your licence to any Virtual Items, Warner Media will not have any liability to you for any time or money spent by you on Virtual Items, any Virtual Items associated with your Registered Account, or for any other reason whatsoever.
5. Digital Service Updates and Software
At various times, Warner Media may choose to make available updates, bug fixes, or other changes or enhancements to a Digital Service ("Digital Service Updates"). Digital Service Updates may be: (i) automatic, such as in connection with general website changes and additional features or updates to data required by the Digital Service; (ii) at your election, in which instance as a Subscriber you will receive information and instructions for how to authorize optional Digital Service Updates; and (iii) mandatory, in which case as a Subscriber you will be required to consent to the Digital Service Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Digital Service. Please note that the Digital Service may be unavailable during a Digital Service Update.
6. Ownership of Content and Material on Digital Services
6.1 The Digital Services and Content are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by Warner Media or it’s licensors.
6.2 Each Digital Service contains material, including images, illustrations, audio clips, and video clips, which is derived from material supplied by WarnerMedia, LLC or Warner Media’s other affiliated entities (collectively, "Warner Media Group") or by other parties that have licensed their material to Warner Media Group and is protected by international copyright and trademark laws. You must not, and must not assist any other person to, copy, reproduce, republish, upload, post, transmit or distribute in any way, including by e-mail or other electronic means and whether directly or indirectly, decompile, reverse engineer or disassemble any of the material on a Digital Service including the characters, logos, graphics, illustrations, text, images, audio, video and software, including images or files incorporated in or generated by the software or data accompanying such software ("Material"), unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by Warner Media Group. Unless you obtain the prior written consent of the owner, modification or use of all or part of the Material, including use of the Material on any other website or networked computer environment, or for any purpose other than personal, non-commercial use, is a violation of the copyrights, trademarks and other proprietary rights of the Material's owner(s), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this section. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through a Digital Service (including data packets transmitted to and from a Digital Service over the Internet), or analyse, decipher, "sniff", derive code from, or attempt to analyse, decipher, "sniff" or derive code from, any packet stream transmitted to or from a Digital Service, whether encrypted or not, or permit any third party to do so.
6.3 Any authorization to copy Material granted by Warner Media in any part of a Digital Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices.
6.4 Except as expressly provided in these Terms, Warner Media does not grant you any other express or implied right or licence in or to a Digital Service or its Content or Material and all right, title, and interest that Warner Media has in the Digital Services and Content are retained by Warner Media, including the right to modify, discontinue, or temporarily suspend any or all of the Digital Service at any time, with or without notice. No aspect of a Digital Service constitutes legal, financial, medical, or other category of professional advice.
7. Third Party Platforms
7.1 A Digital Service may link to, integrate with, or incorporate third party content, sites or services, provided by Third Party Platform Providers (collectively, “Third Party Platforms”). Warner Media does not endorse and is not responsible for Third Party Platforms, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and Warner Media disclaims all liability in connection with them. References to Third Party Platforms do not imply endorsement of any Third Party Platforms by Warner Media or any association with its operators. When you access Third Party Platforms, you do so at your own risk.
7.3 These Terms constitute an agreement between you and Warner Media, and not between you and any Third Party Platform Providers. Unless otherwise specified, Third Party Platform Providers will have no obligation to provide maintenance and support services or respond to product claims regarding a Digital Service. Third Party Platform Providers shall not be responsible for any product or intellectual property claims associated with a Digital Service.
7.4 For iOS Subscribers, accessing a Digital Service via iOS products must be in accordance with the App Store terms in addition to these Terms. For Android Subscribers, accessing a Digital Service via Android products must be in accordance with the Google Play Store terms in addition to these Terms. You acknowledge and agree that Apple, Inc. ("Apple"), Google LLC (“Google”) and any subsidiaries of Apple and Google, are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple and/or Google will have the right (and be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.
8. User content
8.1 From time to time, certain aspects of a Digital Service may invite or otherwise allow you to submit or post a variety of content to that Digital Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Digital Service or through a Third Party Platform (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 a Digital Service (either directly or through a Third Party Platform) you grant Warner Media a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favour of Warner Media which shall allow Warner Media 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 later 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 Media 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 Media only acts as a passive conduit for User Content, 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 Media is under no obligation to monitor User Content or use of a Digital Service. However, Warner Media has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. Warner Media reserves the right to discard or remove User Content from a Digital Service in its sole discretion and without any liability whatsoever.
8.3 In particular, Warner Media may from time to time host bulletin boards, chat rooms, forums or other public posting areas ("Forums"). User Content expressed in the Forums are not necessarily those of us, Warner Media Group or any affiliated or related entities or content providers. Warner Media makes no representations or warranties regarding User Content that appear in the Forums and does not endorse or guarantee the accuracy of any User Content.
8.4 You are solely responsible for your interactions with other users. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Forums, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Warner Media shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Forums.
8.5 It is possible that other users (including unauthorised users or "hackers") may post or transmit offensive or obscene materials on the Forums and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Forums, and that the recipient may use such information to harass or injure you. Warner Media does not approve of such unauthorised uses but by using the Forums you acknowledge and agree that Warner Media is not responsible for the use of any personal information that you publicly disclose or share with others on the Forums. Please carefully select the type of information that you publicly disclose or share with others on the Forums.
8.6 You represent and warrant the following as to your User Content:
A. You have obtained the written consent of every identifiable individual featured in your User Content (or, in the case of Children, consent of their parent or legal guardian) to use that person’s name, voice, and/or likeness (as applicable) in connection with the Digital Service and pursuant to these Terms.
B. Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trademarks.
C. Your User Content, as used in connection with the Digital Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party publicity or privacy rights.
D. Warner Media may exercise the rights to your User Content granted under these Terms without any liability, including for payment of royalties, residuals, guild fees, or the like, to you or any third party.
9. Code of Conduct
9.1 You agree that you will not use a Digital Service to upload, post, or otherwise distribute any User Content that:
A. constitutes or promotes illegal activity;
B. is infringing, libelous, defamatory, abusive, harassing, or threatening;
C. contains any obscene, pornographic, racist, or otherwise offensive material;
D. exploits or harms Children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;
E. promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorized by these Terms and applicable Additional Terms;
F. is subject to confidentiality or non-disclosure obligations;
G. includes any visible logos or trademarks that belong to third parties;
H. disguises its source or origin, or misrepresents its author, by modifying metadata or other identifiers; or
I. links to any third-party sites or services that would violate the standards contained in this list.
9.2 In using a Digital Service you also agree not to:
A. violate our “Community Standards”
B. attempt to interfere with the operation of the Digital Service in any way;
C. 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 Digital Service except: (a) as authorized under these Terms; or (b) in the case of public search engines which are granted a revocable right to crawl publicly accessible portions of the Digital 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;
D. use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the Digital Service, or frame any portion of the Digital Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Digital Service;
E. assign, sublicence, pledge or transfer any of your rights or obligations under these Terns to any person or entity without Warner Media’s prior written consent which may be withheld in Warner Media’s sole discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void);
F. 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 Digital Service;
G. use the Digital Service for any commercial purposes, including sending “spam” or any malicious or disruptive communications;
H. decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Digital Service, other software, or digital rights management feature on the Digital Service 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 Digital Service or piece of Content available on the Digital Service; or
I. intercept, record, or modify network communications transmitted between any Apps, software, or digital rights management features and Warner Media’s networks or systems.
9.3 We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates these Terms, including removing the offending User Content in whole or in part from the relevant Digital Service, suspending use or terminating the Subscription of such violators and/or suspending or terminating their right to use and access the relevant Digital Service. WARNER MEDIA AND WARNER MEDIA GROUP DO NOT WARRANT OR GUARANTEE THAT YOU WILL NOT BE OFFENDED BY ANY MATERIAL OR USER CONTENT ON A DIGITAL SERVICE.
10. Unsolicited Creative Submissions/Communications.
Warner Media respects the rights of all copyright holders and has a policy that, in appropriate circumstances, users and account holders who infringe the rights of copyright holders on multiple occasions ("repeat offenders") may have their rights to access the Digital Services terminated. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know in sufficient detail for us to investigate your complaint. If we determine that copyright infringement has occurred, we may remove or "take down" the infringing material from the Digital Services, or take such other steps as we deem appropriate. If we determine that you have uploaded or otherwise posted material that infringes the copyrights of others, we may, in our discretion, terminate or suspend your access to the Digital Services.
13. Disclaimer of Warranties and Liability.
13.1 WE DO NOT EXCLUDE ANY WARRANTIES THAT WE CANNOT EXCLUDE UNDER APPLICABLE LAW, INCLUDING THAT THE DIGITAL SERVICES WILL BE PROVIDED WITH REASONABLE SKILL AND CARE AND BE OF SATISFACTORY QUALITY, DIGITAL SERVICES WILL BE PROVIDED WITHIN A REASONABLE TIMESCALE AND DIGITAL SERVICES WILL MATCH THEIR DESCRIPTION.
13.2 SUBJECT ALWAYS TO CLAUSE 13.1, YOUR USE OF A DIGITAL SERVICE IS AT YOUR OWN RISK. EACH DIGITAL SERVICE IS 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 MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WARNER MEDIA DOES NOT WARRANT THAT ANY DIGITAL SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DIGITAL SERVICE OR THE SERVERS THAT MAKE ANY DIGITAL SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WARNER MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY DIGITAL SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH A DIGITAL SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO A DIGITAL SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. WARNER MEDIA MAKES NO WARRANTIES THAT YOUR USE OF ANY DIGITAL SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH A DIGITAL SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO OR FROM A DIGITAL SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND WARNER MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH DIGITAL SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH A DIGITAL SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO A DIGITAL SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13.3 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 AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE FOREGOING, WARNER MEDIA DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE A DIGITAL SERVICE. IN NO EVENT WILL WARNER MEDIA’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH A DIGITAL SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO WARNER MEDIA IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR USD$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 MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14.1 You agree to indemnify and hold harmless Warner Media, each member of the Warner Media Group, its Third Party Platform Provider(s), its Material and Content licensors, its affiliates, partners, agents and their respective directors, officers, shareholders, parents, subsidiaries (collectively, the Indemnified Parties) from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your use of a Digital Service, use of a Registered Account, or transmission of any User Content in a manner that breaches of any of the representations, warranties, and agreements made under these Terms; or (ii) your wilful misconduct.
14.2 Warner Media reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Warner Media in asserting any available defences.
15. Jurisdictional Issues.
15.1 Unless otherwise specified, each Digital Service is presented solely for the purpose of entertainment and promoting programmes and other products in those countries and territories in which it is made available for exhibition, transmission or use as determined by Warner Media (Territory). Warner Media makes no representation that every aspect of a Digital Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use a Digital Service, you agree that you do so on your own initiative and at your own risk and that you are responsible for complying with applicable laws. If there is a conflict between any of these Terms and your rights under applicable laws, your rights under applicable laws will control as to those specific terms.
15.2 These Terms, and any disputes arising from or in relation to them, are governed by English law and you submit to the exclusive jurisdiction of the courts of the Republic of Singapore. You consent to personal jurisdiction and venue in Singapore and service of process by certified mail.
16. General Terms
16.1 Force Majeure. Warner Media will not have any liability to you by reason of any delay or failure to perform any of its obligations 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, labour dispute, civil disturbance, riot, war, national emergency, declaration of pandemic by WHO or similar international governing body, or other cause beyond its control.
16.2 No Waiver. No failure or delay by Warner Media in exercising its rights under this Agreement will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.
16.3 Severability. Except as specified in Section 15 (Jurisdictional Issues), if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
16.4 Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement 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 frequently identified with the phrase “and/or;” and (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;”.. Any reference in this Agreement to any statute, rule, regulation, or agreement, including this Agreement, 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 Survival. Any provision of this Agreement which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.
17. Contact Us.
You may contact us [Here] for specific requests or with general enquiries. Please do not send us any Unsolicited Submissions.
These Terms were last updated and posted on the Digital Services on July 2020.