CARTOON NETWORK CHILDREN'S PRIVACY POLICY

Last updated: July 1, 2020

This Privacy Policy is about how Cartoon Network, a Warner Bros. property, will collect and use any information you give us when you use our Services.  The word “Services” in this Privacy Policy means our websites, mobile apps, games, and other online services.

If you need help understanding this document, you should ask the adult who looks after you to read it and talk with you about it. Some of our websites and mobile apps are for adults as well as children. If you are an adult, you should take a look at our general audience Warner Bros. Privacy Policy (https://policies.warnerbros.com/privacy/) for more information about how we will collect and use your data, including on Services that link to  this policy.

WHAT INFORMATION DO WE COLLECT FROM YOU?

Information about you

For some of our Services, you don’t need to give us information like your name or email address to use the Service.  

For some of our Services, we will ask for some more information from you so you can use the Service. We might need to ask permission from the adult who looks after you before you can give us this information.  This can include things like: 

- your first name
- your location 
- your email address
- your username 
- your telephone number
- your home address
- numbers that identify your account or device
- a photo or video of you

For some of our Services, such as virtual worlds, you can play games, talk with your friends or get items, such as gems and additional costumes or powers for your character. For these Services you need to choose a nickname or create an account. You will need to create a username and password and fill out other information about you.  For some Services, we collect your email address to help you make an account and then we keep your email address only in a “hashed” format so that it doesn’t identify you.  We use these “hashed” email addresses to help with your account, like to help you if you forget your password.   

Information about your adult

Sometimes, we need to collect information about the adult who looks after you. For example, we do this so we can:

- let them know about your interest in the Services
- ask them for permission so you can access parts of our Services
- tell them how to start some of the features for you

When we need to contact the adult who looks after you, we will need to get some information from them, so we may ask for their: 

- full name 
- address
- email address
- telephone number

When you buy things

Before buying something, you should always have permission from the adult who looks after you. When you buy something in a Service, your adult may have to pay for it with real money. Some of our Services allow you to buy things inside the Service, pay to join our clubs, and use online money from our Services. 

When you talk with your friends

Some of our Services will let you talk with your friends in a way that shows your conversation with other people on the Service. Usually, you will choose from phrases we have already written. Otherwise, we will look at the messages so no one uses any bad words or shares your personal information. If we see that you are sharing your personal information with someone else, we will try to delete it before it is shared. We may ask permission from the adult who looks after you before we let you talk to your friends on our Services or if our Services let you post on social media.

Information about your computer, console or smartphone

When you visit or use one of our Services, we will get some information about your device and your internet browser (for example, Internet Explorer, Chrome or Firefox). We will also get some information about your IP Address and how you use our Services. To learn more, see our section about Cookies.

Notifications

Our apps may send you alerts from inside the app on your device to help you use the app. For some of our apps, you can also choose to receive notifications on your device that are sent from outside your device (called push notifications). We may need to ask permission from the adult who looks after you to collect the information that we need to send you these push notifications. You can always turn push notifications off in the settings of your device. This might be difficult, so make sure to ask the adult who looks after you to help.

When you contact us

If you contact us by email or using an online form, we will ask you for some information. For example, this may include your first name and email address. We will also ask you to tell us why you are contacting us. Once we have helped you, we will delete your information.

HOW DO WE USE YOUR INFORMATION

We use your information for different reasons.

Where we enter into a contract with you or your parent or guardian

For us to provide our services in accordance with their terms of use, we need to use some of your information:

- to let you know if those terms or our policies are changing
- to give you access to our services, or other things you can receive or connect to through our services
- to register you for games or competitions and make sure their rules are followed
- to handle purchases and other things you or your parent or guardian order and any related messages about those

If you don't provide the necessary information, we will not be able to do these things for you.

Where we have a legitimate interest 

When using your information is very important to us but still fair to you, we have something called a "legitimate interest". When we have a legitimate interest and we use your information, we need to be sure that it is not going to upset you. We will use your information for our legitimate interest only if the laws of your country allow this.  In some countries, we may need to ask for your consent or the consent of the adult who looks after you before we can use your information in these ways.

For example, we have a legitimate interest when we give you access:

- to our Services
- to play games
- to chat with your friends
- to post or send us comments

We also have a legitimate interest, so we can:

- learn how we can make our Services better
- make sure your experience can be special and personalized for you
- keep you and others safe
- answer your questions and comments when you contact us

If you and/or the adult who looks after you gives us permission (consent)

If you are old enough, you can give us permission to use your information. If you are not old enough, you will sometimes need to ask the adult who looks after you for permission. For example, when you want to receive a newsletter. 

If the law says we must use your information

If the law says we must use your information, then we will do so. For example:

- if the government or the police need to investigate something
- if the law says we need to use your information

HOW DO WE SHARE YOUR INFORMATION?

Our helpers (service providers)

Sometimes we have helpers who make sure our Services are great. They will help operate the Services or help with buying things on our Services, like points. They will also help with sending prizes to competition winners. We make sure that our helpers keep your information safe.

Our friends (for example, co-sponsors)

Sometimes we ask our friends to help us with our Services. If we do, they will have access to your information. We will let you know when we ask our friends to help us.

Our family (affiliates)

Sometimes we may share information with members of our family that agree to be bound by this Privacy Policy. You can find a list of some of the Warner Bros. Entertainment Group companies and affiliated WarnerMedia companies by visiting our affiliates’ page (https://policies.warnerbros.com/privacy/en-us/affiliates/html/affiliates_en-us_2.4.0.html). We may update this list from time-to-time, so please check back periodically to keep up-to-date. 

Links to other people's websites (external links)

Our Services will sometimes have links to other people's websites. Those people can treat your information differently from us. You should make sure you understand how they will use your information by looking at their privacy policies.

Sharing information 

When we have your adult’s permission for you to use social media platforms or plugins on our Services, those platforms can share their information back to the social media platform. This can mean that your friends will be told about what you do on our Service. You and the adult who looks after you should look at the privacy policies of these social media sites to learn more about how they use information about you.

If the law says we must share your information

Warner Bros., our friends and our helpers will sometimes need to share your information with other people when the law says so. For example, this can happen if the police, a judge, or the government asks us to. We need to share your information if it will help us stop people from doing bad things or committing crimes. We also need to share your information if it will help us protect you or other people.

If we sell or reorganize our business

If we sell or reorganize our business, we will share your information with the buyer or entity taking over operation of the Service.

If you or the adult who looks after you gives us permission

If you or the adult who looks after you gives us permission to share your information for something, then we will share your information in the way we describe at the time.

COOKIES

What are cookies?

Cookies are tiny files that have information (data) in them. Sometimes we use other types of digital technologies, but they work a lot like cookies. When you visit our Services, a cookie is placed on your device (like your computer, console or smartphone). Some mobile apps have technology that works like cookies. Cookies do not hurt your device. 

What do cookies do?

Cookies help us to make your experience better. They can remember what you do on the Service (like your high score) and help us understand what you like doing.  The cookies will also help us know which parts of the Services are popular and which ones we need to make better.
Some of our helpers and friends use their own cookies or other technology to help us or for their own activities. For example, these can help us understand how many people visited a Service.

Turning cookies off

You can choose to turn cookies off. You can also choose to block all cookies. You can do this using the settings menu. This might be difficult so make sure to ask the adult who looks after you to help you. 

If you do choose to turn cookies off, somethings on the website or Service might not work properly or your experience might not be as good.

Some of our Services use a helper called Google Analytics. You have to turn off their cookies in a different way. To learn how to turn off their cookies, by visiting the Google Analytics Cookie Usage Website [https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage]. You can also get the adult who looks after you to install a plug-in so they can take control of Google Analytics cookies. They can do this by visiting the Google tool website at [https://tools.google.com/dlpage/gaoptout?hl=en].

SENDING YOUR INFORMATION AROUND THE WORLD

We have offices around the world. Sometimes, we will need to send your information to a different country. Usually, this is to the United States where Warner Bros. and our helpers will use your information in the way we have already described in this Privacy Policy. It is important to remember that some countries do not have laws that protect your information in the same way. If you or the adult who looks after you want more information about how we send your information around the world, you can contact us by using the information at the end of this Privacy Policy.

WE WANT TO KEEP YOUR INFORMATION SAFE

We take reasonable steps to protect your information to stop other people getting to it. We also make sure to not keep your information for too long. If we need your information for our own purposes, we will also keep your information for three years after you last contact our customer support team or interact with our websites and apps or after you stop being subscribed or registered with us. Sometimes the law says we have to keep your information for longer than this. We may have to keep your information for longer to protect you and us.  When it’s time for us to stop keeping your information, we will burn or shred hard copies (like print-outs) and delete electronic copies in a way that means no one can read that information.

We may need to send you a message if someone gets to your information without our permission.  We will usually send this message by email to you or the adult who takes care of you.  Our message will explain what happened, why this matters to you, and what we are doing to fix it.  If we cannot send you this message directly, we may make a public post about it.

YOUR RIGHTS

You or the adult who looks after you can ask to access your information, ask us to delete it, or stop us from using it sometimes. Sometimes they can even ask us to fix any mistakes or send it to someone else. Where we have asked the adult who looks after you to agree to let us use your information, they can stop us from using it. You or your adult can make these requests through our online portal by visiting our Privacy Center. [https://policies.warnerbros.com/individualrights/en/index.html]

CONTACT US

If you or the adult who looks after you have any questions about this Privacy Policy you can contact us through our online portal by visiting our Privacy Center [https://policies.warnerbros.com/individualrights/en/index.html] or write to us at the following address:

Warner Bros. Entertainment Inc.
Attention: Chief Privacy Officer 
4000 Warner Blvd., Bldg. 160
Burbank, CA 91522 
United States
833-WB-PRVCY (833-927-7829) or 833-PRVCY-TT (833-778-2988)
wmprivacy@warnermediagroup.com

UPDATES

From time to time, we may update this Privacy Policy. We will let you know about any big changes to how we use your information by putting a sign on our website or by sending the adult who looks after you an email message. We think it is a good idea for you to come back to this page once in a while to learn about how we protect your information.

CALIFORNIA AND CCPA PRIVACY RIGHTS AND DISCLOSURES

If you need help understanding the California and CCPA Privacy Rights and Disclosures section, you should ask the adult who looks after you to read it and talk with you about it.

This California and CCPA Privacy Rights and Disclosure section was last updated July 1, 2020 and addresses legal obligations and rights laid out in the California Consumer Privacy Act (“CCPA”) and other laws that apply only to California residents. These obligations and rights apply to businesses doing business in California and to California residents and information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (“California Information”). It does not apply to information that has been de-identified or aggregated as provided by CCPA.

CALIFORNIA INFORMATION WE COLLECTED AND SHARED

This section provides the information California residents need to exercise their rights over their California Information. Here is information about the California Information we have collected from and shared about consumers in the year before this section was last updated.

California Information We Collected

In the year before this section was last updated, we may have collected the following categories of California Information, as legally permitted:

- Address and other identifiers – such as name, phone number, postal address, zip code, email address, account name or number, date of birth, or other similar identifiers
- Unique and other online identifiers – such as IP address, device IDs, or other similar identifiers that relate to your device and its operating system
- Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
- Internet or other electronic network activity information – such as browsing history, search history, and information regarding your interactions with our Services, and content such as videos, ads, websites, and devices such as smart TVs, streaming media, browsers and apps
- Audio, visual, or similar information – such as photos, videos, or recordings you or a parent or guardian may choose to post to our Services
- Location information – such as your device’s general location in connection with certain Services 
- Inferences or audience segmentation – such as individual profiles, preferences, characteristics, and behaviors
- In-Game or online viewing activities – such videos, content, and pages viewed

We may have collected these categories of California Information for the following business or commercial purposes:

- Performing services on behalf of the business – such as customer service, processing or fulfilling orders, providing content recommendations, and processing payments
- Auditing customer transactions
- Fraud and crime prevention
- Debugging errors in systems
- Marketing and advertising on the Service based on what you are watching or browsing
- Internal research, analytics and development – e.g., user-preference analytics
- Developing, maintaining, provisioning or upgrading networks, products, services, or devices

We may have obtained California Information from a variety of sources, including: 

Directly from you – such as technical and usage information when you use our Site
- Linked sites – such as social media sites and third-party platforms
- Our affiliates 
- Our joint ventures and promotional and strategic partners 
- Information suppliers
- Distributors and other vendors
- Other users submitting information about you – such as to invite you to participate in an offering, make recommendations, or share content
- Publicly available sources 

Disclosures of California Information:

In the year before this section was last updated, we may have disclosed the following categories of California Information to third parties as legally permitted:

- Address and other identifiers – such as name, phone number, postal address, zip code, email address, account name or number, date of birth, or other similar identifiers
- Unique and other online identifiers – such as IP address, device IDs, or other similar identifiers that relate to your device and its operating system
- Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
- Internet or other electronic network activity information – such as browsing history, search history, and information regarding your interactions with our Services, and content such as videos, ads, websites, and devices such as smart TVs, streaming media, browsers and apps
- Audio, visual, or similar information – such as photos, videos, or recordings you or a parent or guardian may choose to post to our Services 
- Location information – such as your device’s general location in connection with certain Services
- Inferences or audience segmentation – such as individual profiles, preferences, characteristics, and behaviours
- In-Game or online viewing activities – such videos, content, and pages viewed

We may have disclosed each of these categories of California Information to the following categories of third parties:

- Affiliates – These entities are associated with us through common ownership.  For a list of affiliates, visit our affiliates’ page (https://policies.warnerbros.com/privacy/en-us/affiliates/html/affiliates_en-us_2.4.0.html
- Service Providers – These entities process information on our behalf for business purposes, helping us provide products or services to you
- Social Media Platforms – These entities maintain networks connecting individuals and organizations on some of our Services
- Advertising Partners – These entities help us advertise products or services on the Service based on what you are watching or browsing
- Analytics Partners – These entities help us collect data on how our products or services are used, so that we can improve them and better understand our consumers
- Promotional Partners – We partner with these entities to jointly promote our products, for example by running contests or other promotional campaigns
- Government Entities – These entities include law enforcement authorities, regulatory agencies, and courts

YOUR CALIFORNIA PRIVACY RIGHTS TO REQUEST DISCLOSURE OF INFORMATION WE COLLECT AND SHARE ABOUT YOU

If you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to California Information. In particular, you can request the following:

- The categories and specific pieces of your California Information that we’ve collected
- The categories of sources from which we collected California Information
- The business or commercial purposes for which we collected California Information
- The categories of third parties with which we shared California Information

You can submit a request to us for the following additional information:

- The categories of third parties to whom we’ve disclosed California Information, and the category or categories of California Information disclosed to each 

YOUR RIGHT TO REQUEST THE DELETION OF CALIFORNIA INFORMATION

Upon your request, we will delete the California Information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us.

WE DO NOT SELL YOUR CALIFORNIA INFORMATION

HOW TO EXERCISE YOUR CALIFORNIA RIGHTS

You may exercise your rights to request access to or deletion of your California Information by contacting us at our Privacy Center ( https://privacycenter.wb.com/) You can also contact us toll free at 833-WB-PRVCY (833-927-7829) or TTY: 833-PRVCY-TT (833-778-2988) and an agent will assist you with submitting a request.  These requests are generally free. When you submit a request, we will usually ask you to provide an email address which we will contact to confirm the request was not fraudulently submitted.

In addition, for access and deletion requests, we will use a third-party verification service to confirm that you are who you say you are.  Our verification service does this by matching information you provide against information held about you in its records, or, if necessary, by allowing you to submit documents proving your identity.

If you are the parent of a child under 13 years of age, you may also submit a request on behalf of your child.  In that event, we will ask you to provide your child’s email address, to verify your identity, and to submit a signed form authorizing us to proceed with the request regarding your child’s California Information. 

You may also designate an authorized agent to submit a request on your behalf.  To do so, we will require either (1) a valid power of attorney, or (2) signed written permission from you.  In the event your authorized agent is relying on signed written permission, we may also need to verify your identity and/or contact you directly to confirm permission to proceed with the request.

Your authorized agent can make a request by contacting us toll free at 833-WB-PRVCY (833-927-7829) or TTY: 833-PRVCY-TT (833-778-2988).

OUR SUPPORT FOR THE EXERCISE YOUR DATA RIGHTS

You have the right not to receive discriminatory treatment if you exercise any of the rights explained in this section of the Privacy Policy.  We are committed to providing you control over your California Information, we will not disadvantage you if you choose to exercise your rights.  

CALIFORNIA CONSUMERS UNDER 16 YEARS OLD

CCPA has specific rules regarding the use of California Information from consumers under 16 years of age.  In particular, consistent with the CCPA, if we knowingly collect the California Information of a consumer under the age of 16, we will not sell the information unless we receive affirmative permission to do so.  If the consumer is between the ages of 13 and 16 years of age, the consumer may provide that permission; if the consumer is under the age of 13, the consumer’s parent or guardian must provide the permission. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we sell California Information of consumers under 16 years of age.

If you would like further information on how we handle California Information from consumers under the age of 16 years of age, or if you have questions about these information practices, you may contact us at wmprivacy@warnermediagroup.com, or at WarnerMedia Privacy Office, 4000 Warner Blvd., Bldg. 160, Burbank, CA 91522.

CALIFORNIA CONSUMERS UNDER 18 YEARS OLD

California consumers who are registered users of the Sites and under 18 years of age may request removal of content or information they posted on the Sites. We will remove such content or information when we are required to do so by law. To request removal of content or information you posted on the Sites, you may contact us at wmprivacy@warnermediagroup.com, or at WarnerMedia Privacy Office, 4000 Warner Blvd., Bldg. 160, Burbank, CA 91522. 

However, even if we remove the content or information that you posted, we cannot completely prevent further use or disclosure of that content or information by others once you have shared it in a publicly available forum.  

Updated: April 7, 2020

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS ONLINE ENTERTAINMENT SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

Welcome and thank you for using a service provided by Warner Bros. Entertainment Inc. or its subsidiaries or affiliates (“Warner,” “we,” “us,” or “our”). These Terms of Use are a legally binding agreement between you and Warner and govern your use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).

Certain aspects of the Service may be subject to additional terms and conditions, which may include, among other things, particularized age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms (collectively, “Additional Terms”). When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.

By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms (which are incorporated herein by reference) and acknowledge our collection and use of your information as described in the Privacy Policy(ies) applicable to the Service (“Privacy Policy”). If you do not wish to be bound by these Terms or Additional Terms, do not access or use the Service.

1. Changes to these Terms

We reserve the right, in our sole discretion, to modify these Terms (including applicable Additional Terms) from time to time. You agree that we may notify you of modified terms or policies by posting them on the Service, and agree that your continued use of the Service after such notice constitutes your agreement to the modified terms, which will govern your ongoing use of the Service. Thus, you should review the posted Terms of Use and applicable Additional Terms each time you use the Service. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available.

2. Your Representations

By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you have sufficient legal capacity to enter into this Agreement or, if you lack such capacity (for instance, if you are a minor), that you have obtained parental or guardian consent to do so. You represent and warrant that you have read, understand, and agree to abide by these Terms and any applicable Additional Terms, and that you have read, understand the data collection and use practices set forth in the Privacy Policy.

3. The Warner Service

Warner grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Service for your personal, non-commercial use solely as provided by these Terms and as expressly permitted by the features and functionality of the Service, subject to your complete compliance with these Terms of Use and all applicable Additional Terms. The Service may allow you to view, preview, select, stream, and access certain content, including video, audio, graphics, photos, and text (collectively, “Content”). Such use may be limited (for example, to supported devices or by number of simultaneous streams per account; by geographic region; by time window; by subscription level; or otherwise, and access will require your use of an approved device with sufficient connectivity).

The Service and Content are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by Warner or its licensors. Warner respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and Warner reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and Content. Any authorization to copy material granted by Warner in any part of the 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.

Except as expressly provided herein, Warner does not grant you any other express or implied right or license in or to the Service or Content and all right, title, and interest that Warner has in the Service and Content are retained by Warner, including the right to modify, discontinue, or temporarily suspend any or all of the Service at any time, with or without notice.

No aspect of the Service constitutes legal, financial, medical, or other category of professional advice.

4. User Accounts 

A. Account Creation

You may be required or permitted to create user accounts (each an “Account”) in order to access or use certain aspects of the Service. If you open an Account or otherwise access the Service on behalf of a company, organization, or other entity (a “Business User”), then you represent and warrant that you have the authority to also bind the Business User to these Terms, and hereby do so, and both you and the Business User will be responsible for any breach of this Agreement. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself or an applicable Business User and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.

B. Investigations, Suspensions, and Termination

You agree that Warner has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content (or any portion thereof) for any reason, including if Warner believes the information you provide is not correct, current, or complete, or that you have otherwise violated this Agreement or any applicable law. You agree that Warner may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY WARNER DURING OR AS A RESULT OF THESE INVESTIGATIONS.

C. Account Security

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 are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. You are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your Account or the right to use your Account to anyone. 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 also agree that any information you provide is offered at your own risk, and that Warner cannot guarantee its protection from unauthorized access. 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 through our Customer Service contact page. Warner may require you to change your Account username and password.

5. Mobile Devices

A. Wireless Charges

You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from Warner.

B. Mobile Software

Warner may make certain mobile software applications (“Apps”) available for download in connection with the Service. You may only use Apps on approved devices, for personal use. You are not permitted to modify, transfer, or distribute any Apps. Warner does not guarantee that the Apps will be compatible with your device. Warner may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Apps, at Warner’s discretion. You may not use or otherwise export or re-export the Apps, or any other software provided as part of the Service, except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, neither the Apps, nor any other software, may be exported or re-exported into any U.S. embargoed countries or to any persons listed as prohibited under applicable law or regulation. If you download or use any software, you represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.

C. iTunes App Store

The additional terms in this Section 5.C apply only to your use of Apps downloaded through Apple Inc.’s (“Apple”) iTunes App Store (“iTunes Apps”). You agree that this Agreement is solely between you and Warner, not Apple, and that Apple is not responsible for iTunes Apps or their content. Apple has no obligation whatsoever to furnish any maintenance or support services in connection with iTunes Apps. You will not involve Apple in any claims relating to your use of iTunes Apps, or in any third-party claims alleging infringement of intellectual property rights by the iTunes Apps. You agree to comply with all third-party agreements in connection with your use of iTunes Apps (for example, your wireless provider agreement). Finally, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement solely for the purpose of enforcing the applicable Terms against you in connection with your use of iTunes Apps.

6. Paid Services

Certain aspects of the Service may require payments. If you use those aspects of the Service, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. Warner may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific Warner entity identified by the aspect of the Service used to make the purchase.

All payment transactions are administered by a third-party payment processor or third-party store (for example, Google Play). Warner expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. 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. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.

All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Subscriptions have no monetary value and are purchases of only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to access the applicable portion of the Service. Unless otherwise specified (at initial sign-up or subsequently), subscriptions may renew automatically for up to the initial subscription term at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of the Service you used to set up your subscription, unless another cancellation method is specified in applicable Additional Terms.

The name and contact information of the service provider is set forth herein in conformance with Cal. Civ. Code § 1789.3. If you are a California resident, you may report any complaints to the Consumer Information Division of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

7. Virtual Items

The Service may feature fictional credits, items, rewards, points, currency, or the like (collectively, “Virtual Items”). The Virtual Items may be used exclusively within the Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to use the Virtual Items in connection with the 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 Account is terminated, suspended, or otherwise limited. Warner has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items as we see fit in our sole discretion, and Warner 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 Account, or otherwise forfeited if your Account is terminated or closed for any reason or when Warner discontinues, modifies, or updates an applicable aspect of the Service (for example, discontinuing a game featuring Virtual Items).

All purchases of licenses to Virtual Items are final and governed by the terms of Section 6 (Paid Services); by indicating your desire to purchase a license to any Virtual Items through the Service, including by clicking or tapping the relevant purchase button, you confirm that you want said items credited to your Account and in so doing you lose any cancellation rights you may have under applicable laws.

Any unauthorized transferring, trading, selling or exchanging of any Virtual Items to anyone, including other users of the Service, is strictly prohibited. Warner may take action it deems appropriate in response, including deletion of the Virtual Items or termination or suspension of any Account involved. You acknowledge and agree that Warner 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 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 revokes your license to Virtual Items, Warner will not have any liability to you for any time or money spent by you on Virtual Items, any Virtual Items associated with your Account, or for any other reason whatsoever.

8. Third-Party Services

The Service may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, “Third Party Services”). Warner does not endorse and 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 therewith. References to Third Party Services do not imply endorsement of any Third Party Services by Warner or any association with its operators. Your dealings with Third Party Services are solely between you and the applicable Third Party Services. To learn more about Third Party Services, consult the Third Party Services’ respective terms of use and privacy policies.

9. User Content

From time to time, certain aspects of the Service may invite or otherwise allow you to submit or post a variety of content to the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, “User Content”). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant Warner 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 favor of Warner necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person.

Please retain copies of all User Content as Warner is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. Warner only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Warner is under no obligation to monitor User Content or use of the Service. However, Warner 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 reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.

You represent and warrant the following as to your User Content:

  1. You have obtained the written consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor’s parent or guardian) to use that person’s name, voice, and/or likeness (as applicable) in connection with the Service and pursuant to these Terms.
  2. Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trademarks.
  3. Your User Content, as used in connection with the 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.
  4. Warner may exercise the rights to your User Content granted herein without any liability, including for payment of royalties, residuals, guild fees, or the like, to you or any third party.

10. Code of Conduct

You agree that you will not use the Service to upload, post, or otherwise distribute any User Content that:

  • constitutes or promotes illegal activity;
  • is infringing, libelous, defamatory, abusing, harassing, or threatening;
  • contains any obscene, pornographic, racist, or otherwise offensive material;
  • exploits or harms children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;
  • promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorized by applicable Additional Terms;
  • is subject to confidentiality or non-disclosure obligations;
  • includes any visible logos or trademarks that belong to third parties;
  • disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers; or
  • links to any third-party sites or services that would violate the standards contained in this list.


In using the Service you also agree not to:

  • attempt to interfere with the operation of the Service in any way;
  • copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service (except: (a) as authorized herein; or (b) in the case of public search engines, which are granted a revocable right to crawl publicly accessible portions of the Service in compliance with instructions posted on applicable “robots.txt” files and without circumventing any technical barriers, for the sole purpose of creating public searchable indexes, but not caches or archives);
  • use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;
  • assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without Warner’s prior written consent which may be withheld in Warner’s sole discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void);
  • use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Service;
  • use the Service for any commercial purposes, including sending “spam” or any malicious or disruptive communications;
  • decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Apps, other software, or digital rights management feature on the 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 Service or piece of Content available on the Service; or
  • intercept, record, or modify network communications transmitted between any Apps, software, or digital rights management features and Warner’s networks or systems.

11. Unsolicited Submissions and Feedback

Please be aware that Warner does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstanding when projects developed by Warner staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send Warner any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and Warner and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.

12. International Use

Warner makes no representation that every aspect of the Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Service, you agree that:

  1. you do so on your own initiative and at your own risk;
  2. you will not use the Service if you are prohibited from receiving products, services, or software originating from the United States;
  3. you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and
  4. you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside.

If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific terms.

13. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE 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 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 THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE 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 THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. WARNER MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO FROM THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND WARNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. 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.

14. Limitation of Liability and Time Limitations for Claims

WARNER 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 THE SERVICE. IN NO EVENT WILL WARNER’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO WARNER IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WARNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 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.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 16 (DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

15. Indemnity

You agree to indemnify and hold harmless Warner and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.

16. Dispute Resolution

Summary:

Our customer-service department can resolve most customer concerns quickly and to the customer’s satisfaction. Please contact us via email to legal@wb.com so that we may attempt to resolve the dispute informally. In the unlikely event that you're not satisfied with customer service's solution (or if Warner has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.

ARBITRATION AGREEMENT

A. Claims Subject to Arbitration: Warner and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims for mental or emotional distress or injury not arising out of physical bodily injury;
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

References to “Warner,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including AT&T and its affiliates); and all authorized or unauthorized users or beneficiaries of Service under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

B. Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Warner should be sent by certified mail to: General Counsel, Warner Bros. Entertainment Inc., 4000 Warner Blvd., Burbank, CA 91522(“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).

If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at: adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf

C. Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (F) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.

D. Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.

E. Alternative Payment: If you initiated arbitration in accordance with the notice requirements above in subsection (B) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater.

If we did not make a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the alternative payment if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys' fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.

Although under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.

F. Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.

G. Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address) following your use of this Service, you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

17. General Terms

  1. Governing Law and Venue

    This Agreement 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 and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration under Section 16 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in Los Angeles County, California; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California for the adjudication of all non-arbitral claims.

  2. Force Majeure

    Warner will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.

  3. No Waiver

    No failure or delay by Warner 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.

  4. Severability

    Except as specified in Section 16 (Dispute Resolution), 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.

  5. 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;” (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder,” “herein,” or “hereof” relate to this Agreement as a whole. 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.

  6. Survival

    Any provision herein which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.

  7. Entire Agreement 

    This Agreement, including any applicable Additional Terms, is the entire agreement between the parties relating to the matters contained herein.

18. Copyright Agent

If you believe that any User Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below, in conformance with the Digital Millennium Copyright Act of 1998 (“DMCA”):

  1. Your name, address, telephone number, and (if available) email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of each place where alleged infringing material is located;
  4. 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;
  5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted to Warner’s Copyright Agent at the following address:

Warner Bros. Entertainment Inc.
Attention: Copyright Agent
4000 Warner Boulevard
Burbank, CA 91522
Tel: (818) 977-0018
Fax: (818) 977-7929
Email: copyright@wb.com

If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.

19. Accessibility

We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at accessibility@wb.com. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.

20. Contact Us

You may contact us at the addresses specified herein for specific requests, or contact Customer Service with general inquiries. Please do not send us any Unsolicited Submissions.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.