Last updated on November 14, 2008
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to the Warner Bros. BD-Live service (the "Service"), offered by Warner Bros. Entertainment Inc. ("Warner Bros."). The Service includes the ability to access content via a web browser and/or using BD-Live, a Blu-ray feature that enables you to access content via an internet-connected Blu-ray player. Thank you for visiting and have a great time.
It is important to us that you, and our other visitors, have the best possible time when using this Service and that when you use this Service you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Service. Please read these Terms of Use carefully before using the Service, because they affect your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use please do not use this Service. By using this Service you will be deemed to have irrevocably agreed to these terms.
Some areas of this Service may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this Service, unless otherwise expressly stated.
Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of this Service will be deemed as irrevocable acceptance of any revisions. The Terms of Use were last updated on November 14, 2008. You understand that Warner may discontinue or restrict your use of the Service for any reason or no reason with or without notice. From time to time, Warner may also update the Blu-ray player code during the boot up process to enhance your user experience and you hereby consent to such updates.
How To Contact Us
This Service is controlled and operated by Warner Bros. Entertainment Inc., 4000 Warner Blvd., Burbank, CA 91522. Please forward any comments or complaints about the Service to customerservice@wb.com. Please forward any questions regarding privacy to privacy@wb.com. Please forward any questions regarding other legal matters to legal@wb.com.
Your Registration
To access this Service or some of the resources it has to offer, you will be asked to provide registration details. It is a condition of use of this Service that all the details you provide be correct, current, and complete. If we at Warner believe the details are not correct, current, or complete, we have the right to refuse you access to the Service, or any of its resources, and to terminate or suspend your account.
Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Service. Click here to show this notice, which forms part of these Terms of Use.
Children
The Service is not directed toward children under 13 years of age nor does Warner knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Warner.
Trademarks and Copyrights
This Service and materials incorporated by Warner on this Service ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by Warner on this Service are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Warner or others ("Trademarks"). Warner respects the intellectual property rights of others and asks users of this Service to do the same.
Your Use of Material
Your right to make use of this Service and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Service for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material and all other content displayed on this Service for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Warner. Any authorization to copy Material granted by Warner in any part of this Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE, WARNER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF WARNER ("THE WARNER GROUP") DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WARNER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAY MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARNER GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICE OR ANY WEB SITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE WARNER GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SERVICE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE WARNER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
THE WARNER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICE OR ANY WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE WARNER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE WARNER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES, MY WB COMMENTARY, LIVE COMMUNITY SCREENING OR OTHER FORUMS ON THIS SERVICE ("FORUMS") ARE NOT NECESSARILY THOSE OF THE WARNER GROUP OR CONTENT PROVIDERS. WARNER MAY NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF WARNER. WARNER MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN WARNER'S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Submissions, Postings and E-mails
Warner is interested in hearing from you regarding your questions or comments about our Service. However, the Warner Group does not accept or consider unsolicited submissions of any kind (e.g., scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted and discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of the Warner Group.
From time to time, areas on this Service may expressly request submissions of concepts, stories, commentaries, audio, visual, public and private messages or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions that appear elsewhere on this Service to govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make. In any event, any material you send to use will not be treated as confidential.
Please act responsibly when using this Service. You may only use this Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Service. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Warner) or privately transmitted on or through this Service are the sole responsibility of the sender, not Warner, and that you are responsible for all material you upload, post or otherwise transmit to or through this Service.
We at Warner require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Service any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive, or contains hate propaganda or promotes discrimination or violence against anyone for any reason, including without limitation on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Service;
(j) solicits funds, advertisers or sponsors;
(k) includes programs that contain viruses, worms and/or ‘Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way that affects the ability of other people to engage in real time activities via the Service;
(m) copies any other pages or images on this Service except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a ‘pyramid' or similar scheme;
(p) amounts to ‘data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data that are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(q) disobeys any policy or regulations established from time to time regarding use of this Service or any networks connected to this Service;
(r) contains the image of any person without their written permission to post the image on the Service; or
(s) contains links to other sites that contain the kind of content that falls within the descriptions set out at (a) to (r) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Warner anywhere on this Service (e.g., on any web space made available for your personal use).
System Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity that may adversely affect the operation or enjoyment of this Service by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Service.
Security
Any usernames and passwords used for this Service are for individual use only. You shall be responsible for the security of your username and password. You agree not to use the username or password of another Warner user at any time. Warner shall be entitled to monitor you username and password and, at its discretion, require you to change it. If you use a username and password that Warner considers insecure, Warner will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Warner reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Investigations
Warner reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Warner may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Warner may suspend any users whose conduct or postings are under investigation and may remove such materials from its servers as it deems appropriate and without notice. If Warner believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Warner will fully cooperate with any law enforcement authorities or court order requesting or directing Warner to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE WARNER GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE WARNER GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE WARNER GROUP OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Service, you must own a BD-Live enabled Blu-ray player with appropriate Internet connection and sufficient storage and you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Service (including an appropriate Blu-ray player, modem and/or other access devices).
Warner reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software, facilities and services on the Service, with or without notice, and/or to establish general guidelines and limitations on their use.
Local Regulations
Warner makes no representation that Materials or other content in the Service are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Service from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Indemnity
You agree to indemnify and hold harmless Warner and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Warner's servers, and/or from any and all use of your account.
Our Use of Content
Warner will consider anything you provide to Warner and/or contribute to this Service as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Service (see ‘Submissions, Postings and E-mails' above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional Terms, by posting or uploading any content to this Service including without limitation audio, video, photographs and/or providing any communication or material to Warner or by posting any public or private messages that may be viewable by other users ("User Content"), you automatically and irrevocably: (a) grant and assign to Warner a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, use, adaptation, distribution, modification, publishing, translation, creation of derivative works and/or other exploitation by Warner and/or by any person authorized by Warner, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity and Warner may sublicense all or part of its rights under this license or assign them to third parties; (b) waive all moral rights in the User Content that may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Warner as your agent with full power to enter into any document and/or do any act Warner may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person; (f) confirm that your posting of the content on or through the Service does not violate the privacy rights, publicity rights, copyrights or rights of any other person; (g) your posting is in accordance with this Terms of Use and that Warner shall not be liable for any use or disclosure of such User Content. Warner reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Service. Without limiting the foregoing, Warner shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable as determined in Warner's sole and absolute discretion. You acknowledge that Warner does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
Third-Party Sites
This Service may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Warner, and you acknowledge that (whether or not such sites are affiliated in any way with Warner) Warner is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Warner or any association with its operators.
Warner cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Warner since other shop channels are owned and operated by independent retailers. Warner does not endorse any of the merchandise, nor has Warner taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Warner does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Proprietary Online Services
Any area of this Service that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Service are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.
Any dispute of any kind between you and any member of the Warner Group arising under these Terms of Use shall be resolved by binding arbitration in Los Angeles, California, pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the entertainment industry and shall follow California law in adjudicating the dispute. Warner reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or any other rules and regulations set forth on the Service, including without limitation the right to block access from a particular Internet address.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Claims of Infringement
If you believe that any content appearing on this Service infringes your copyright rights, we at Warner want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent
Warner Bros. Entertainment Inc.
c/o: Warner Bros. Advanced Digital Services, a division of Warner Bros. Technical Operations Inc.
4000 Warner Blvd.
Bldg. 168
Burbank, CA 91522
Tel: (818) 977-0018
Email: legal@wb.com
Warner seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.