2. Relevant Definitions:
When you are reviewing this Policy, we use a couple of common definitions to make it easier to read. These are:
Affiliates = A list of related companies to HBO. As of the Effective Date (identified below) of the Policy, Affiliates include our HBO international businesses, AT&T, INC.; WARNER MEDIA, LLC; Warner Bros. Entertainment, Inc., and Turner Broadcasting System, Inc. along with their respective affiliated companies. This list may change from time to time and we will update this Policy accordingly.
Service = all of our consumer-facing HBO websites, services and applications, as well as all of their features, downloads and components, including offline customer service and support features, but excluding European Economic Area (EEA)-based OTT applications (such as HBO GO and HBO NOW applications designated for residents of EEA countries) that have a separate privacy notice. Details about the policy applicable to these services can be found during sign-up for the service and/or on the website for such service.
3. What is the Effective Date?
The Effective Date of this Policy is November 7, 2018. You can see a copy of the previous policy here
4. Has the Policy changed from the previous version?
We have updated our Policy to make it more user-friendly and to add a section applicable to the EEA to reflect updates to European data privacy laws, as some of our Services are accessible in that region. We have also updated our list of Affiliates (see Paragraph 2, above).
5. How will I know about any future changes or updates to the Policy?
HBO can modify the Policy in the future. Changes to the Policy will be communicated to you by making the new and previous Policy available on the Service for review a reasonable period before the change is effective. If we make changes to the Policy that materially change the way we use your previously-collected personal information, we will communicate with you either via e-mail or a prominent posting on the Service.
6. Does the Policy apply to me?
This Policy applies to any user of the Service, including your family members or other users under your account. Please make any friends or other users aware of this Policy before you provide their personal information. Please make sure that everyone understands this Policy before using the Service.
If you are a business customer of HBO, you can access a copy of our business-to-business privacy notice here.
This Policy also contains certain additional information that is relevant only where the collection and use of information by HBO is subject to European data protection and data privacy laws. This section only applies to individuals who are accessing the Service from within the EEA. If you are accessing the Service from the EEA, please see Section V for a description of your data protection rights, including a right to object to some of the processing we carry out.
What information do you collect about me?
We collect different types of information from you depending upon the Service you access, our relationship with you and your preferences:
A. ACCOUNT INFORMATION
Below is a list of account information we collect. Some account information will only be collected about users of our digital streaming and content viewing services (e.g. HBO GO and HBO NOW), which are restricted to U.S. residents and so will not apply to other users of the Services. We have indicated below where this is the case.
We collect and/or verify your payment information (including credit card number and authorization codes, name and billing address), renewal settings and gift card or promotional authorization codes.
Portions of our Service give you the ability to post comments or upload information. To enable this feature, we require that you set up an account and/or a screen name. We will of course have access to your contact information, comments and the feedback you voluntarily submit through these features.
You have the option to limit viewing options for your account to specific genre ratings, such as TV-Y, or TV-14 for television series, and PG or PG-13 for movies. We collect information about your use of these controls.
When you create an account with our Service, we collect your name and e-mail address. We may offer you the opportunity to provide information to enhance your account, such as genre preferences, information about your interests and additional contact information for your account.
Use of the Service:
We collect information about your experience using the Service, including pages visited, content viewed, length of time on the Service, device IDs and other unique identifiers, IP address, referring and exit pages, your Internet service provider, mobile carrier, date and time stamps, technical or access issues, location information (via IP address or, if disclosed, precise geolocation data) and information about the browser and operating system you are using, referral URLs and standard web server log information. We also collect information about your actions on the Service (including your profiles, settings, watch lists and search terms).
Video Viewing Information:
We collect information about the films, TV shows and URLs that you view through the Service.
B. MARKETING & RESEARCH INFORMATION
Communication with you:
When you create an HBO GO or HBO NOW account in the U.S., you automatically agree to opt in to receive marketing e-mail from HBO and our Affiliates about HBO and/or the Service, offers of other products, programs or services that we believe may be of interest to you and information in connection with incentive programs, rewards and fan engagement activities.
Other portions of the Service, such as promotional sites and apps, may offer you the opportunity to opt in to marketing messages and newsletters by providing your email address. You will also receive marketing from our Affiliates where you have provided this information. We collect and store information in response to marketing to you, including bounce backs, clicks, and information about whether our messages are opened.
Promotions on the Service:
When you enter a sweepstakes, contest or other promotional activity offered on the Service, we collect your e-mail address, name and/or address. When you enter, we may also ask you to consent to receiving e-mail communication from HBO and our Affiliates.
If a “friend” feature is activated, you may have the opportunity to participate and earn incentives by providing your friend’s contact information (name, e-mail address), importing your contact lists from other sites or devices, or sending links to your friends. You may not provide contact information for any friends without their consent. We may require verification of consent before allowing your friend(s) to access these features.
Social Media Profiles & Bots:
If you engage with the Service through third party social media plug-ins and applications (such as Facebook, Twitter or Instagram) we may ask you to allow us to have ongoing access to information from your social media account (such as name, e-mail address and profile photo). We may also access information about HBO or our Service(s) that you have published publically from various online platforms, such as through Twitter hashtags or Instagram handles. Please refer to the privacy policies of those social media networks to understand your choices with regards to their services.
If you use functionality on the Service to “share” or “like” content with a social media site, that content will be visible to the social media site and any individuals you have given access to your profile via your settings on that site.
We may provide access to chatbots through third party services. Chatbots are computer programs that simulate conversation with you, sometimes in the voice of a fictional character, for example. When you interact with a chatbot, we receive information about those interactions. Communications you have with chatbots are not private. Please think carefully about incorporating any personal or private information into these interactions.
We receive the information you provide when you answer a survey or participate in research.
C. COOKIES AND OTHER TECHNOLOGIES
When you use our Service, we may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences, or your device, and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience.
You can choose to accept or decline some types of cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. In many cases, declining cookies may limit the effectiveness of the functionality of the Service.
We use the following categories of cookies on the Service:
Category 1 – Strictly necessary cookies: Essential in order to enable you to move around the Service and use its features. Without these cookies, services you have asked for (such as remembering your login details or where you paused a piece of content) cannot be provided. You can set your browser to block or alert you about these cookies, but some parts of the Service may no longer work.
Category 2 – Performance cookies: Collect information about how you use the Service, like which pages you go to most often, and if you get error messages from web pages. Information these cookies collect is aggregated, and help us to measure and improve the performance of the Service.
Category 3 – Functionality cookies: Allow the Service to remember choices you make (such as your user name, font, text size or language) and provide enhanced functionality and more personal features. The information these cookies collect cannot track your browsing activity on other websites. If you do not allow these cookies then some or all of these services may not function well.
Category 4 – Targeting Cookies: Usually placed by third party advertising network partners. They collect information about your browsing habits in order to make advertising on other sites more relevant to you and your interests. They are also used to limit the number of times you see an ad as well as help measure the effectiveness of an advertising campaign. If you do not allow these cookies, you will experience less targeted advertising.
Category 5 – Social media cookies: These cookies allow you to share what you’ve been doing on the Service on social media such as Facebook and Twitter. These cookies are not within our control. Please refer to the privacy policies of the social networks in question for how their cookies work.
Web Beacons and Other Technologies:
Web beacons are small strings of code (also called clear gifs or pixel tags) that work similarly to cookies. We use them for many of the same purposes, including to count visitors to the Service, to monitor how users navigate the Service, and to count views and emails that were opened.
We use other technologies, such as browser storage and plugins (e.g. HTML5) for the same purposes as cookies and web beacons.
D. THIRD PARTIES
The Service may contain links to other sites, including without limitation, the sites of our distributors, social platforms (such as Facebook, Instagram and Twitter), and vendors (such as the vendor that operates the HBO Shop), whose information practices may be different than ours.
You should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties. As you use the Service, third parties may place cookies and collect personal information concerning your online activities over time and across different websites.
Below is a list of account information we collect. Some account information that will only be collected about users of our digital streaming and content viewing services (e.g. HBO GO and HBO NOW), which are restricted to U.S. residents and so will not apply to other users of the Services. We have indicated below where this is the case.
To Enable Access to the Service*:
We use your information such as name, email address, IP address and service provider to verify your account and payment information, confirm you are within the permitted service area, make sure that you are permitted to access our Service (including verifying eligibility for free trials or discounted offers), fulfill your orders and to resolve any problems you may experience.
To Customize and Improve the Service for You*:
We use information such as viewing history, preferences, device identifier and/or IP address to customize our Service. This may include sending you recommendations for programs based on your viewing habits, remembering you on a certain device, using your geographic location to provide you with localized content, or by allowing you to set parental controls.
For Research and Analytics:
We use your information, individually and in the aggregate, to evaluate usage of the Service and viewing habits around our content and marketing communications. Sometimes we study broad categories, such as visitor demographics and sometimes we use multiple data points to find and study things like usage patterns.
To Publish Your Comments and Content:
Portions of the Service may invite you to provide comments or upload original content. We may publish this information on the Service, in advertising and promotion for the Service, and/or in any other way disclosed by the terms applicable to the sharing.
To Communicate with You:
We may use your information to communicate with you, such as to notify you when you have won a contest, when we make material changes to our subscriber agreements, the Service or other system requirements, to update you about your account and to provide customer support services and assistance. We may also communicate with you directly within the Service, including via push messaging, in-app messaging and via advertisements.
For Marketing Purposes:
We may provide you with newsletters or e-mail correspondence about the Service and our programs, or other products, programs or services that we think may be of interest to you. We may also use your information to create a personalized profile about you to help tailor your experience on our Service and to help customize our interactions with you to suit your preferences.
On certain of our Services, we may use information from your social media accounts to (i) give you exclusive content, (ii) personalize your online experience with us and (iii) where permitted by applicable law, contact you through these accounts or directly with the latest news, special offers and rewards from HBO.
Co-Branded Marketing Opportunities:
We sometimes offer content or promotional activities (such as contests, sweepstakes and events or activities) that may be sponsored by, presented or co-branded with identified third parties. The third parties may receive personal information that you voluntarily submit as a result of engagement with such content or activities. When you voluntarily submit information in this manner, how these third parties treat your information will be determined by their privacy policies.
Third Party Ad Servers*:
We sometimes work with third parties to present advertisements to you. We also use third party providers for data collection, reporting, ad delivery and response measurement and site analytics on our Services and on third party websites across the Internet and applications over time.
We may combine personal information collected via the Service with additional records such as information from our Affiliates, partners and distributors and publicly available information, including on social media sites and information received from third party sources.
We use combined information so that we can better market to you products, features, or Services that may be of interest to you based on your preferences and characteristics we have determined from this combined information. We may also use the combined information to help create segments that help us better identify potential audiences for our Services and to better inform our research and analysis of our Services, our content and our audience.
We may share information in aggregated form with vendors, partners and other third parties (such as Nielsen, movie studios, cable and satellite companies and social media platforms) for their own purposes, such as to analyze usage of particular items of content, including how often a particular film was streamed or how much of a particular film was watched.
Sharing Information with Affiliates:
HBO is a Warner Media company, and has a number of affiliated companies. We share your personal information with our Affiliates to identify products and services of our Affiliates that may be of interest to you, to create a more personalized profile about you for purposes such as to help tailor your experience on our Service or on the platforms of our Affiliates and for interest-based advertising, for research and analysis, to assist in the improvement of our Service or those of our Affiliates (for example by recommending to you programs that may be of interest) and in connection with promotions conducted by us, by our Affiliates, or jointly.
Sale of Assets or Change of Control:
In the event of a sale of assets or change in ownership, we may transfer your personal information to a successor or share your personal information with any person or entity that acquires ownership or control of HBO or the Service. If we're discussing the sale or transfer of part or all of our business, information may also be transferred to prospective purchasers under suitable terms as to confidentiality.
Investigations, Protection, Administrative and Legal Reasons:
We also use personal information for the establishment, exercise or defense of legal claims and for the purposes of legal process (which could involve us disclosing personal information to third parties, such as to courts or authorities in response to to a court order or a subpoena).
We work with vendors and partners to help carry out the functions described in this Policy on our behalf.
These vendors and partners include affiliate advertising network partners; marketing service providers; professional service providers (ex. customer service providers and billing providers); website support and maintenance service providers; market and trend research service providers; marketing technology service providers; IT software and platform providers and analytics providers.
A. DO NOT TRACK
We have not implemented a response to browser-based Do Not Track signals. Because of the current lack of consensus with respect to the Do Not Track standard from both a compliance and technical perspective, we have not yet determined how or if we would implement a response to Do Not Track signals. We will continue to evaluate this area.
B. YOUR CHOICES
How You can Access or Correct Information, or Opt Out:
You can access much of the personal information that you have provided to the Service online, or correct factual errors in such information, at the Settings section of the Service. To help protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections to any personal information. For EEA visitors, you can also access information about cookies on the pop up screen when you first access the Service.
If at any time you wish to stop receiving promotional materials related to the Service, we will provide an unsubscribe link at the bottom of each promotional e-mail you receive or you can contact us at firstname.lastname@example.org or email@example.com. In most cases, for Services where you have registered an account, you can also go to the settings feature in your dashboard to opt out of newsletters and other promotional e-mails. Please keep in mind that opting out of promotional e-mails will not prevent you from receiving transactional e-mail correspondence related to, without limitation: the Service, your account and/or billing.
If you no longer wish to have any information collected by any mobile application included in the Service, you may uninstall the application by using the standard uninstall processes available on your mobile device or via the mobile application marketplace or network.
In some instances, certain information or services can be provided to you only if personal information is provided. If you elect not to provide such information, you may not be able to access certain content or information.
For more information about interest-based advertising on your desktop or mobile browser, and your ability to opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit the Network Advertising Initiative and/or the DAA Self-Regulatory Program for Online Behavioral Advertising, or if you are a user in the EEA, Your Online Choices. Please note that any opt-out choice you exercise through these programs will apply to interest-based advertising by the third parties you select, but will still allow the collection of information for other purposes, including research, analytics, and internal operations. You will continue to receive advertising, but that advertising may be less relevant to your interests. For EEA visitors, you can also access information about cookies on the pop up screen when you first access the Service.
Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.
California -- Your California Privacy Rights:
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by HBO pursuant to Section 1798.83 of the California Civil Code, please contact us at firstname.lastname@example.org or email@example.com. Please allow 30 days for a response.
Collection of Information about Children:
HBO does not knowingly collect any personal information from individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information without your consent, you can ask us to remove any unauthorized information provided by your child by contacting us at firstname.lastname@example.org or email@example.com.
We and/or our agents and contractors (such as mailing houses, customer service vendors or cloud services) store your information for as long as we have a legitimate business reason to do so or for as long as necessary to comply with our legal obligations or enforce our legal rights. The precise period for which that information will be retained will vary on a case-by-case basis. Such period will be determined on the basis of the following criteria:
the length of time that you have any registered account with us;
whether there are contractual or legal obligations that exist that require us to retain the data for period of time;
whether there is any ongoing legal claim that relates to any interaction you have with us, or that is otherwise related to your relationship with us; and
whether any applicable law, statute, or regulation allows for a specific retention period.
The registration features of the HBO GO and HBO NOW Services covered by this Policy are intended for U.S. residents only. Although many of our sites can be viewed internationally, many of our computer systems are currently based in the United States. Therefore, please note that all personal information will be processed by us in the U.S. For more details regarding how we collect, use, and disclose personal information from EEA visitors and the additional rights available to EEA visitors in respect of this personal information, see below:
Who Is Responsible for your Personal Information?
Home Box Office, Inc. will be the data controller for the personal information processing described in this Policy. Our contact details are:
1100 Avenue of the Americas
New York, NY 10036
If you are a subscriber to an EU service, you can contact our EEA representative at:
HBO Nordic, A.B.
Birger Jarlsgatan 6
114 34 Stockholm, Sweden
Legal Basis for Processing:
In the following circumstances, we process your personal information with your consent:
when you agree that we may place cookies and other similar technologies on your device other than those that are strictly necessary; and
online direct marketing (including email and other electronic messaging).
We process your personal information when we are required to do this by law. This applies in the following circumstances:
to prevent and detect fraud
tax related purposes
disclosures to law enforcement and other regulatory or government agencies in response to a legally binding request or warrant.
We also process your personal information when it is in our, or a third party’s, legitimate interests to do this and when these interests are not overridden by your data protection rights.
For example, we have a legitimate interest in:
Understanding how our customers use our Services;
Understanding and responding to customer feedback;
Researching and analyzing the services our customers want;
Improving our Services;
Personalising our offers so we're better able to provide offers and ideas that are relevant to you;
Providing security over our business and who we trade with; and
Developing and maintaining relationships with vendors, partners and other companies and dealing with individuals who work for them.
If you have any questions regarding the legitimate interests you can contact us at EUDataRequest@hbo.com.
When we ask you to supply us with personal information we will describe whether the information we are asking for: (i) must be supplied so that we can provide services to you under the terms of any contract you enter into with us or because it is required by law; or (ii) is optional, and the consequences of not providing the information.
The personal information about you described in this Policy that is provided by you or collected by you relating to your use of the Service, will be collected, or received, by HBO in the United States. This will involve the transfer of this personal information directly from the location from which you access the Service to the United States (for example, the information received from your device when accessing one of our websites). The processing of your personal information by HBO as described in this Policy does not involve the transfer of any of your personal information by HBO from within the EEA to any location outside the EEA.
You may ask us for a copy of your personal information, to correct it, erase it or to transfer it to other organisations at your request. You also have rights to object to some processing and, where we have asked for your consent to process your personal information, to withdraw this consent.
Where we process your personal information because we have a legitimate interest in doing so (as explained above), you also have a right to object to this. You also have the right to restrict processing in certain circumstances. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement or other legitimate grounds to process your personal information. We may ask you to verify your identity and to provide other details to help us to respond to your request.
If you wish to exercise these rights, please contact us at:
1100 Avenue of the Americas
New York, NY 10036
We hope that we can satisfy questions you may have about the way we process your personal information. However, if you have unresolved concerns you also have the right to complain to data protection authorities. You can bring the complaint in your member state of residence, place of work or where an alleged infringement of data protection law occurred.
Effective Date: November 7, 2018
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS 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, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. Access to and use of this website, service or other application (collectively the "Service") is provided by Home Box Office, Inc. ("HBO", "us" or "we") subject to the following terms (the "Terms" or "Agreement"):
2. REPRESENTATIONS: By using this Service you represent and warrant that you are a resident of the U.S., that you are a legal adult, that you meet all other eligibility and residency requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with these terms and conditions.
3. REGISTRATION: In accessing this Service or certain of the resources on the Service, you may be asked to provide registration details including without limitation a valid e-mail address, date of birth and your full name. It is a condition of use of this Service that all the details you provide will be correct, current, and complete. If HBO believes the details are not correct, current, or complete, we have the right to refuse you access to the Service or any of its resources.
4. COPYRIGHTS AND TRADEMARKS: This Service and all materials incorporated on this Service (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the titles, characters, logos or other images incorporated by HBO on this Service are also protected as registered or unregistered trademarks, trade names and/or service marks ("Trademarks") owned by HBO. All other trademarks are the property of their respective owners. Use of the Trademarks of HBO or of any other party is not authorized in any manner other than as incorporated into this Service.
5. INFRINGEMENT NOTICE: If you believe that any content appearing on this Service has been copied in a way that constitutes copyright infringement under the laws of the U.S, please forward the following information to the Copyright Agent named below:
a) Your name, address, telephone number, and email address;
b) A description of the copyrighted work that you claim has been infringed;
c) The exact URL or a description of where the alleged infringing material is located;
d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Home Box Office, Inc. 1100 Avenue of the Americas New York, NY 10036 Attn: Legal Department E-Mail: firstname.lastname@example.org
Please note that while HBO seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that HBO is a service provider as defined in 17 USC section 512c or elsewhere in the law.
6. RESTRICTIONS ON USE OF MATERIALS:
(a) You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may access and display material and all other content displayed on this Service for non-commercial, personal, entertainment use on a single computer or device only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by HBO in any part of this Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website 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.
(b) HBO respects the intellectual property rights of others and asks users of this Service to do the same.
7. DISCLAIMER OF WARRANTIES:
YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THIS SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THIS 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, HBO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HBO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT HBO'S WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HBO 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 THIS SERVICE OR ANY SITES LINKED TO THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HBO MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND HBO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS 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.
8. LIMITATION OF LIABILITY:
HBO DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF HBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT HBO) 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.
9. SUBMISSIONS AND POSTINGS:
(a) HBO does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by HBO staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send HBO any unsolicited submissions.
(b) From time to time, areas on this Service may expressly request submissions of concepts, creative ideas, suggestions, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Service to govern the Invited Submissions ("Additional Terms"), since they will affect your legal rights. If no Additional Terms govern the Invited Submissions, then this Agreement will apply in full to any Invited Submissions you make. Please also be aware that any Invited Submissions you may make will not be acknowledged and the act of providing Invited Submissions does not create a fiduciary or other special relationship between you and HBO, or any of its affiliates, agents, licensees, successors or assigns or place HBO or any of its affiliates, agents, licensees, successors or assigns in a position that is any different from the position held by members of the general public. You acknowledge and agree that neither HBO nor any of its affiliates, agents, licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Invited Submissions, and that HBO and its affiliates, agents, licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any Invited Submissions.
(c) To the extent that use of the Service provides you or other users an opportunity to post and exchange information, content, ideas and opinions ("Postings"), be advised that HBO does not screen, edit, or review Postings prior to their appearance on the Service or elsewhere, and Postings do not necessarily reflect the views of HBO. To the fullest extent permitted by applicable laws, HBO excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Service or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.
(d) In any event, no material you send to us will be treated as confidential.
10. RULES OF CONDUCT:
(a) 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 HBO) or privately transmitted on or through this Service are the sole responsibility of the sender, not HBO, and that you are responsible for all material you upload, post or otherwise transmit to or through this Service.
(b) HBO requires that you do not submit any Invited Submissions or Postings or otherwise make available on this Service any content, or act in a way, which in our opinion:
(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(ii) seeks to exploit or harm children;
(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(iv) violates any law or may be considered to violate any law;
(v) 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);
(vi) advocates or promotes illegal activity;
(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(viii) 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;
(ix) solicits funds, advertisers or sponsors;
(x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Service;
(xii) copies any other pages or images on this Service except with appropriate authority;
(xiii) includes MP3 format files;
(xiv) amounts to a "pyramid" or similar scheme;
(xv) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(xvi) disobeys any policy or regulations established from time to time regarding use of this Service or any networks connected to this Service; or
(xvii) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvi) above.
(c) In addition, unless otherwise permitted by HBO, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by HBO anywhere on this Service (e.g., on any web space made available for your use).
11. USE OF SUBMITTED CONTENT:
(a) HBO will consider anything you provide to HBO and/or contribute to this Service as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by additional terms appearing elsewhere on this Service (see "Submissions and Postings" above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
(b) Subject to the provisions of any additional terms, by posting or uploading any content to this Service and/or providing any communication or material to HBO ("User Content"), you automatically and irrevocably:
(i) grant and assign to HBO a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by HBO and/or by any person authorized by HBO, by any means and in all media now known or hereafter devised, in whole or in part, 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;
(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(iii) appoint HBO as your agent with full power to enter into any document and/or do any act HBO may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement; and
(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that HBO shall not be liable for any use or disclosure of such User Content.
12. MODERATION/MONITORING: HBO shall have the right, but not the obligation, to monitor any Invited Submissions, Postings or other material on HBO.com. HBO shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to HBO.com. Without limiting the foregoing, HBO shall have the right to remove any material that HBO, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.
13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION: You may deactivate your registration on the Service, at any time and for any reason, by sending an email request to email@example.com. We may terminate your use of and registration on the Service, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
14. HYPERLINKS TO AND FROM THIRD PARTY SITES: (a) 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 HBO, and you acknowledge that (whether or not such sites are affiliated in any way with HBO) HBO 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 HBO or any association with its operators.
(c) Any area of this Service that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
15. SYSTEM ABUSE:
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Service.
(b) 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) is strictly prohibited.
17. USE IN U.S. ONLY: This Service is intended for viewing solely in the U.S. HBO makes no representation that materials or other content in the Service are appropriate or available for use outside the U.S. 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 U.S. or the country you reside in.
18. INDEMNITY: You agree to indemnify and hold harmless HBO, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys" 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 the Service's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
19. SEVERABILITY: If any provision of this Agreement 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.
20. ELECTRONIC SIGNATURE: As a Registered Accountholder, your use of the Services may enable you to enter into agreements and/or to make purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Service.
21. FORCE MAJEURE: HBO shall 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 shall refer 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.
22. DISPUTE RESOLUTION; BINDING ARBITRATION AND NO CLASS RELIEF
(a) Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22(d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.
(b) Except in relation to intellectual property rights as set forth in subparagraph (e) below, we each agree to resolve disputes through binding arbitration with no class relief instead of in courts. 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. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
(i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(ii) claims that arose before this or any prior Agreement;
(iii) claims that may arise after the termination of this Agreement.
References in this paragraph to "HBO," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, licensees, licensors or providers of content, successors, and assigns, as well as all authorized or unauthorized users of the Service under this or prior Agreements. 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 HBO 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.
A party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, or by other mail delivery service that provides proof of delivery (e.g., FedEx), a written notice of dispute ("Notice"). The Notice to HBO should be addressed to: General Counsel, Home Box Office, Inc., 1100 Avenue of the Americas, New York, NY 10036 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). If HBO and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or HBO may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by HBO or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HBO is entitled.
If your claim is for less than $75,000, upon written request to the Notice Address prior to commencement of the arbitration, HBO will advance the arbitration filing fee and arbitrator's costs by direct payment to the appropriate entity. If the arbitration proceeding is decided in HBO's favor, you shall reimburse HBO for the fees and costs advanced to the extent available in a judicial proceeding. If the arbitration is decided in your favor - which occurs if there is an award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO for any of the fees and costs advanced.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement, including Disclaimer of Warranties and Limitation of Liability. The arbitrator shall have the right to award money damages and other appropriate relief, consistent with the terms of this agreement; HOWEVER THE ARBITRATOR SHALL NOT HAVE THE RIGHT TO AWARD INJUNCTIVE RELIEF AGAINST EITHER PARTY OR TO CERTIFY A CLASS ACTION OF ANY KIND.
All issues are for the arbitrator to decide. Unless HBO and you agree otherwise, any arbitration hearings will take place either (i) in person in the county (or parish) of the billing address associated with your subscription according to your Distributor, whose records shall be the sole determinant, or in New York, New York, at your option, or (ii) by video conference during which you shall be able to appear from the county (or parish) of the billing address associated with your subscription according to your Distributor, whose records shall be the sole determinant, or any other location of your choosing which has appropriate video conference facilities available. If your claim is for $10,000 or less, there shall be no in person hearing; and 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 video conference as established by the AAA Rules. If your claim exceeds $10,000, the right to and format of 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.
Each party shall be responsible for their own attorneys' fees. Although under some laws HBO may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
YOU AND HBO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HBO agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
(e) Notwithstanding the foregoing, disputes enforcing, protecting, or concerning the validity of any of your or HBO's intellectual property rights (or the intellectual property rights of any of HBO's licensors) are not covered by this agreement to arbitrate contained in paragraph 22.
23. EXPORT CONTROL: You may not use or otherwise export or re-export any software associated with 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, the software may not be exported or re-exported into any U.S. embargoed countries or to any persons listed as prohibited under applicable law or regulation.
24. MISCELLANEOUS: These Terms cannot be changed or terminated orally. Any failure of HBO to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by HBO of any provision of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of HBO. HBO may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of HBO. If any provision of these Terms is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against HBO by virtue of HBO having drafted them. HBO reserves the right to deny access to all or part of the Service to you or any person in its sole discretion without notice or liability of any kind. Any violation of these Terms may be referred to law enforcement authorities. These Terms constitute the entire understanding and agreement between you and HBO and supersede any and all prior or inconsistent understandings relating to the Service and your use of the Service.
25. CLOSED CAPTIONING: If you have specific concerns or inquiries regarding closed captioning, please contact:
Rosa Oh HBO Media Relations 1100 Avenue of the Americas, 10th Floor New York, NY 10036 E-Mail: firstname.lastname@example.org Phone: 212-512-1208 Fax: 212-512-5637
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE SERVICE.
Last updated: July 1, 2014