Welcome to HBO NOW!
This agreement is a legally binding agreement between Home Box Office, Inc. and its affiliates (collectively, "HBO," "Us" or "We") and you concerning the HBO NOW subscription service ("Service"). The Service provides subscribers with access to HBO's award-winning original programming, exclusive Hollywood hit movies and so much more, streamed over the Internet to your device. Access to and use of the Service, including its features, content, software, functionality, and access to and use of the user interface and the website(s) associated with the Service (such as hbonow.com) (collectively, the "Site"), is provided by HBO subject to the following Terms. These Terms also apply to any interactive features or downloads that are, or may be, available through the Service or Site or that interact with the Service and post these Terms. References to "you" in this Agreement may also include any Authorized Users (as such term is defined herein) established by you, if applicable. If you do not agree to these Terms, please do not use the Service.
To be eligible to subscribe to the Service, you must meet the following criteria (the "Eligibility Criteria"):
(a) You must reside within the fifty states of the United States of America ("U.S."), the District of Columbia, and certain US territories (collectively, the "Service Area") and have reached the age of 18, or the age of legal majority in your state or territory of residence;
(b) You must have an account in good standing with HBO or an authorized subscription provider of the Service (collectively, "Subscription Provider") and have activated your subscription to the Service (the "Subscription") with the Subscription Provider; and
(c) You must establish a registered profile with HBO tied to the Service. Your profile together with your Subscription will establish your registered account ("Registered Account"). For some Subscription Providers, such as Apple TV, your Registered Account will be created for you when you purchase your Subscription.
2. CHANGES TO TERMS:
To the extent any change materially impacts the availability of the Service, such as a change to your Subscription, in addition to posting the revised document on the Service, we will communicate such a change directly to you via the email address associated with your Registered Account. Your continued use of the Service and/or the Site after the changes come into effect and, in the case of any Subscription, your failure to cancel the same within the relevant notice period, will mean you accept and agree to be bound to the changes.
3. CONSENT TO ELECTRONIC COMMUNICATIONS:
HBO grants you a limited, non-exclusive, non-transferable, royalty-free license to access, use, and privately display the Service and/or the Site on your personal Internet-connected devices, solely as provided in this Agreement for your personal use and only as long as you continue to meet all of the Eligibility Criteria and are not otherwise in breach of this Agreement. Please note that in order to access the Service and/or the Site, your device must be connected to the Internet, and you will be solely responsible for the cost and maintenance of any such Internet connection. Additionally, the Service will only operate on certain hardware and software platforms. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Service. Please check the requirements periodically, as HBO reserves the right to change or cease support of any hardware or software platforms at any time.
This license will enable you to view, preview, select, stream and access video, audio, graphics, photos, text, special features, and/or messages (collectively "Content") via the Service and/or the Site in accordance with the terms of this Agreement during the timeframe in which your account is active and for the duration of the access window for each individual Content item. Any unauthorized copy of the Service, the Site, Content, underlying software, or any portion thereof will constitute a violation of copyright. 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 the Site.
HBO may control the maximum number of simultaneous streams per account (across all Content on the Service) regardless of the number of devices on which the Service is available. HBO may change the maximum number of simultaneous streams and/or registered devices per account that you may use at any time, in its sole discretion.
6. REGISTRATION FOR SERVICE:
To access the Service, you will be required to purchase a Subscription through a Subscription Provider and create a registered profile with HBO. Your Subscription together with your HBO registered profile will establish your Registered Account.
Subscription with Subscription Provider
To access the Service, you may purchase a Subscription through an authorized Subscription Provider. In order to purchase a Subscription through a Subscription Provider other than HBO, you must have an active account with such Subscription Provider and provide a current and valid method of payment, such as a credit card or debit card (a "Payment Method"). Your Payment Method provided to the Subscription Provider, will be processed by such Subscription Provider and not through HBO. Any inquiries related to payments through your Subscription Provider should be directed to your Subscription Provider directly. You are responsible for all charges incurred in connection with your Subscription.
Registration with HBO
Once you have purchased a Subscription with a Subscription Provider other than HBO, you must establish a Registered Account to access the Service. To create a Registered Account, you must first set up your profile, which requires information including your first and last name, a valid email address, a password, and your zip code ("Required Information"). You can manage access to the Service and your Registered Account through the "Settings" section of the Service.
You will be required to purchase a Subscription before your Registered Account can be completed. After this step, your Subscription will be automatically validated each time you log in to the Service. However, you will have to re-register your Subscription if you enter into a new Subscription with a different Subscription Provider. In such event, your account profile with HBO shall remain the same.
It is a condition of use of the Service that all the details you provide, including Required Information and Payment Method, will be correct, current, and complete and will not violate any law. If HBO or a Subscription Provider believes the details are not correct, current or complete, do not meet the Eligibility Criteria, or that you have otherwise violated this Agreement or any law, we each have the right at our sole discretion to suspend, terminate or refuse you access to the Service, your Registered Account and/or the Site and any of its resources.
HBO as Subscription Provider - Subject to Availability
Subject to availability, you may also access the Service by purchasing a Subscription through HBO directly. In order to purchase a Subscription through HBO, you must create a Registered Account, including the Required Information, and additionally provide HBO with a current and valid U.S. billing address and Payment Method. The Payment Method provided to HBO will be processed by HBO or its authorized vendor(s). Any inquiries related to payments through HBO should be directed to HBO. You are responsible for all charges incurred in connection with your HBO Subscription.
Authorized Users - Subject to Availability
The Registered Account will function as the "master account" for all Authorized Users. EACH AUTHORIZED USER HEREBY ACKNOWLEDGES THAT HIS/HER ACTIVITY MAY BE ACCESSIBLE TO THE REGISTERED ACCOUNT HOLDER, INCLUDING STREAMS BY TITLE, PARENTAL CONTROLS, AND ANY CHANGES TO THE AUTHORIZED USER SETTINGS.
Please review the Parental Controls information in Paragraph 9 below in the event you wish to customize the viewable Content on your Registered Account or for any Authorized User you establish.
You are responsible for all activity occurring under your Registered Account and by any Authorized User, including maintaining the confidentiality of each Authorized User name and password, and you agree that any Authorized User will not permit the disclosure of any user name and password to any person. You agree that you will:
(a) Immediately notify HBO of any unauthorized use of a user name and/or password by contacting HBO NOW Customer Support at 1-855-9-HBONOW or by sending us an email at support@HBONOW.com; and
(b) Make sure that you and any of your Authorized Users properly exit the Service at the completion of each session. HBO and its Subscription Providers shall not be liable for any loss or damage arising from your use or misuse of your Registered Account or failure to comply with the registration requirements.
7. PAYMENT FOR SERVICE AND BILLING:
By creating an account with an authorized Subscription Provider and providing such Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a subscription fee and any applicable taxes and service fees on a designated cycle for the Service (collectively, the "Subscription Fee"). Subject to Paragraph 8 ("Free Trials, Student Discount, and Promotional Offers"), the first Subscription Fee will be charged to your Payment Method on the date the Subscription Provider confirms your Subscription purchase. Thereafter, the Subscription Fee will be charged to your Payment Method by your Subscription Provider on a recurring basis in accordance with your designated cycle.
For Subscriptions obtained through a Subscription Provider other than HBO, your billing will be processed by such Subscription Provider or its authorized vendor(s). For Subscriptions obtained through HBO, your billing will be processed by HBO or its authorized vendor(s), each upon your sign-up. The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription.
Subscription Price Changes
Each Subscription Provider reserves the right to change the price for a Subscription to the Service in its sole discretion and will be responsible for communicating any price changes to you in accordance with the law.
Updating Payment Method
You may update your Payment Method with your Subscription Provider (other than HBO) at any time by accessing your account with such Subscription Provider. If HBO is your Subscription Provider, please note that we currently do not offer a self-service feature to update your Payment Method, so please enter valid and current information. We intend to offer this feature in the future. Please do not include your credit card number in any emails to HBO.
If at any time the Subscription Provider is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee.
A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, each of Subscription Provider and HBO reserve the right to suspend your respective accounts and access to the Service, until such time as the Payment Method has been updated to permit the Subscription Provider to charge the Subscription Fee.
You can cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month's Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period. If HBO is your Subscription Provider, you will need to cancel your Subscription through HBO. If you obtained your Subscription through a Subscription Provider, other than HBO, you will need to cancel your Subscription directly with such Subscription Provider.
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. In such a circumstance, you will continue to have access to your Subscription until the end of the monthly billing cycle. Each Subscription Provider reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
8. FREE TRIALS, STUDENT DISCOUNT AND PROMOTIONAL OFFERS, AND GIFT CARDS:
The Service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new Service subscribers, unless otherwise specified. Your status as a new subscriber to the Service will be determined by the Subscription Provider and HBO, each in its sole discretion. These Terms apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide the Subscription Provider with a valid Payment Method in order to use the Service during the Trial Subscription period. Your Payment Method will not be charged by the Subscription Provider during the Trial Subscription Period.
UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR THE SERVICE WILL BE CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU TIMELY CANCEL THE TRIAL SUBSCRIPTION. PLEASE NOTE THAT YOU WILL NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED.
To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please visit the Billing Page of your Registered Account for the latest information contained in our records or contact your Subscription Provider directly.
The HBO NOW student discount will enable you to enjoy the HBO NOW Service at the reduced price specified in the student section of our Help Center. HBO reserves the right, in its sole discretion, to discontinue student discounts, or change the terms of such discount, at any time.
The HBO NOW student discount cannot be applied to subscriptions billed through a subscription provider other than HBO. To receive the HBO NOW student discount, you must (1) create a Registered Account with HBO and provide a valid Payment Method to HBO, (2) be an student enrolled at a qualifying, accredited college or university located within the Service Area, (3) provide proof of your student status, and (4) other than as specified herein, meet all other Eligibility Criteria.
HBO will continue to verify your eligibility for the student discount on an ongoing basis. If HBO is unable to confirm your status as a student, we may ask you to provide documentation evidencing your enrollment. HBO reserves the right, in its sole discretion, to determine the validity of the documentation and your eligibility to receive the student discount.
Your HBO NOW student discount is for your individual use only. You may not transfer or assign your HBO NOW student discount to any other party.
No refunds, adjustments or price protection will be applied to your Subscription Fee in the event of a new/subsequent discount or promotional offering after you sign-up for the Service. New customers may take advantage of any "new customer" promotion only once. Requirements for a special promotion will be stated at the time each offer is presented.
As a condition of these Terms, you agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your Registered Account.
In select territories within the Service Area, HBO NOW gift cards may be available for purchase at third party retail outlets. The HBO NOW gift card may only be used towards the HBO NOW Service and can be redeemed here (HBONOW.com/gift). Your gift card redemption will entitle you to a single period of access to the HBO NOW Service that corresponds to the value of the gift card. Your purchase and use of the gift card is governed by the HBO NOW gift card terms found here (hbonow.com/gift-terms)
9. PARENTAL CONTROLS/CONTENT:
THE SERVICE CONTAINS MATURE CONTENT, WHICH MAY NOT BE APPROPRIATE FOR CHILDREN. WHERE POSSIBLE, CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA OR TELEVISION RATINGS/CONTENT ADVISORIES. HOWEVER, SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. Such Content is intended for those persons over the age of 18, or those persons who have received consent from a parent or guardian.
If you wish to restrict Content for your Registered Account and/or any Authorized User (if available), you may take advantage of the Parental Controls feature of the Service, by accessing the "Parental Controls" section of the "Settings" feature to establish and manage Parental Control settings for all Authorized Users linked to your Registered Account. Parental Controls allow you to set a maximum movie rating and television rating for the Registered Account and each Authorized User, and are designed to filter out non-rated Content. Please note that changes made to Parental Controls may not take effect immediately, and during some periods there could be a delay before your new settings become effective.
If you choose to access, or allow an Authorized User to access, any adult or mature Content on the Service, you acknowledge and agree that exposure to visual images and sounds that may depict nudity, sexual activity, violence, adult language, or are otherwise graphic in nature, may occur. You agree that use of the Service is at your sole risk and that HBO shall have no liability to you or any Authorized User for the type of Content that you may access or allow to be accessed. It is your responsibility to ensure that the Content accessed by you and/or any Authorized User does not violate the laws or other requirements of the applicable community.
10. COPYRIGHTS AND TRADEMARKS:
The Service and the Site, and all materials incorporated in the Service and the Site (including, but not limited to text, photographs, graphics, video and audio) are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights under laws of the United States and other countries. The copyright proprietors have licensed this Content for private use only and not for public exhibition. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. laws. In particular, as of the date of publication of these Terms, criminal copyright infringement, including without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.
Some of the characters, logos or other images incorporated by HBO on the Service and the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by HBO ("Trademarks"). 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 the Service and the Site.
11. COPYRIGHT NOTICE:
If you believe that any content appearing on the Service and/or the Site has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• 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/Copyright Agent
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 U.S.C. section 512c or elsewhere in the law.
12. RESTRICTIONS ON USE OF MATERIALS:
(a) You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Service and/or the Site, or attempt to interfere with the operation of the Service in any way, except that you may access and display material and all other Content displayed on the Service for non-commercial, personal, entertainment use for a limited time only as strictly authorized herein. You may not use any data mining, robots, virus, worms, bugs, or similar data gathering and extraction tools on the Service or on any portion of the Service and/or the Site, or frame any portion of the Service and/or the Site, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Service and/or the Site. Without limiting the generality of the foregoing, you may not distribute any part of the Service over any network, including a local area network, nor sell or offer it for sale. You may not assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without HBO's prior written consent which may be withheld in HBO's sole discretion (and any such purposed assignment, pledge or transfer without such prior written consent shall be void ab initio). In addition, these files may not be used to construct any kind of database. You acknowledge that your use of the Service and your Registered Account is non-transferable. Any authorization to copy material granted by HBO in any part of the Service and/or the Site for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, and is subject to your keeping intact all copyright, trademark and other proprietary notices. Using any material on any other service or networked computer environment is prohibited. Also prohibited are: decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software or digital rights management feature on the Service and/or the Site 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 or any feature of the Service and/or the Site, or intercepting and/or recording network communications transmitted between the Service and/or the Site and HBO.
(b) HBO respects the intellectual property rights of others and asks users of the Service and the Site to do the same. HBO and its licensees and other Content partners reserve the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.
13. CONTENT AND CONTENT LIMITATIONS:
Content, including but not limited to video, audio, graphics, photos text, special features, software and messages may be streamed to you or otherwise made available to you in connection with your use of the Service and/or Site. Please note that some Content items may specify an access window in which you will be able to view the Content. The access window will typically range between four (4) to eight (8) weeks, although because these windows may vary, you should pay close attention to the description provided with the Content. During the applicable access window, you will be able to view the Content as many times as you want, BUT ONCE THE ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM TERMINATES, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. It is your responsibility to monitor the access window for each piece of Content available via the Service, and HBO and its partners and affiliates accept no liability for any access windows or the expiration thereof. HBO reserves the right, in its sole discretion, to disable access to any Content at any time, regardless of the posted access windows or its programming schedules. Please note that not all Content will be available for all purposes. Access to certain Content may depend upon your geographic location (i.e. you will not be able to access content from outside the Service Area), whether you are able to maintain an Internet connection, or available bandwidth and equipment used to access the Service. You should be sure to read the detailed description near each piece of Content to determine options for viewing or accessing that Content. While we do our best to keep the Content descriptions up-to-date, HBO does not warrant that such descriptions will always be complete, current, or accurate. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted to the Service as a result of your Subscription or Registered Account. HBO does not make any representations or warranties with respect to the accessibility of any particular Content at any time.
14. SERVICE UPDATES AND SOFTWARE:
At various times, HBO may choose to make available updates, bug fixes, or other changes or enhancements to the Service and/or the Site (collectively, "Service Updates"). Service Updates may be:
(a) Automatic, such as in connection with general website changes and additional features or updates to data required by the Service;
(b) At your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and
(c) Mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Service.
Please note that the Service and/or the Site may be unavailable during a Service Update.
15. SUSPENSION AND TERMINATION:
HBO and any Subscription Provider may suspend or terminate your Subscription and access to the Service, Site, and/or your Registered Account immediately for any reason or for no reason whatsoever, including if HBO reasonably determines that you are in violation of this Agreement or receives information that you no longer meet the Eligibility Criteria. In such event, you must cease all use of the Service and the Site. The suspension or termination of your Subscription is in addition to, and not in lieu of, any rights and remedies available to HBO, its partners and affiliates and/or any Subscription Provider under this Agreement or under applicable laws.
Additionally, you may terminate your account at any time by following the cancellation process set forth in Paragraph 7 above. Please note you shall still be responsible for all Subscription Fees incurred prior to the effective date of termination.
This Agreement is effective until terminated; however, your past and any future use of the Service and/or Site shall be governed by the terms of this Agreement. Your rights under this Agreement will terminate automatically without notice from HBO if you fail to comply with any term(s) of this Agreement.
16. CUSTOMER SERVICE:
(a) For Customer Service inquires related to the Service, the Site, or your Subscription through HBO (including Subscription Fee and Payment Method), please visit our Help Center for our FAQ's. If you are unable to resolve your question using the Help Center, please contact HBO NOW Customer Support at 1-855-9-HBONOW or send us an email at support@HBONOW.com.
(b) For Customer Service matters related to your Subscription through a Subscription Provider other than HBO (including Subscription Fee and Payment Method) or other matters relating to billing through your Subscription Provider, please contact your Subscription Provider directly.
(c) If you have specific concerns with the closed caption feature, please contact:
HBO Media Relations
1100 Avenue of the Americas, 10th Floor
New York, NY 10036
(d) We take security very seriously. We have imposed security measures to ensure the protection of our subscribers. Please see the Help Center for details. If you have reason to believe that your Registered Account credentials have been compromised or misappropriated in some way, you should contact us immediately at HBO NOW Customer Support at 1-855-9-HBONOW or send us an email at support@HBONOW.com.
17. DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE AND/OR THE SITE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICE AND THE SITE 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, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HBO, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HBO, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE SERVICE, THE SITE, OR ANY SITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 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.
18. LIMITATION OF LIABILITY:
HBO, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO FAILURE OF PERFORMANCE, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, WORM, TROJAN HORSE PROGRAM OR DISABLING CODE, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE AND/OR THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT ON THE SERVICE AND/OR THE SITE, 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. YOU ASSUME THE RISK IN USING THE SERVICE AND/OR THE SITE AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. 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.
19. FEEDBACK AND POSTINGS:
(a) Portions of the Service and/or the Site may invite you to provide us with feedback. Please be aware that 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. In any event, no material you send to us will be treated as confidential.
(b) Please also be aware that your feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and HBO, or any of its Subscription Providers, affiliates or any of its licensees, successors or assigns or place HBO or any of its Subscription Providers, affiliates, 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 Subscription Providers, affiliates, 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 feedback, and that HBO and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any feedback submitted.
(c) To the extent that use of the Service and/or the Site 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 the Site 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 the Site or elsewhere. HBO reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of this Agreement or in violation of general community standards and notions of decency. 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) Please act responsibly when using the Service and/or the Site. You may only use the Service and/or the Site 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 the Service and/or the Site. 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 any third party claims that material you have contributed to the Service and/or the Site is unlawful, you will bear the burden of establishing that it is lawful.
20. HYPERLINKS TO AND FROM THIRD PARTY SITES:
(a) You are not permitted to link to the Service and/or the Site from any third-party site without the prior written permission of HBO. However, the Service and/or the Site may link you to other sites on the Internet including, without limitation, sites owned or controlled by our Subscription Providers. 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 or its Subscription Providers) 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.
(b) HBO 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 the Service and/or the Site. HBO does not endorse any of the merchandise, nor has HBO taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We have no duty to pre-screen information, products and services of third parties (collectively "Third-Party Content"), but we have the right to refuse to post or to edit submitted Third-Party Content. We reserve the right to remove Third-Party Content for any reason, but we are not responsible for any failure or delay in removing such material. HBO 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.
(c) Any area of the Service and/or the Site 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.
21. SYSTEM ABUSE:
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Service and/or the Site.
(b) You are prohibited from using any services or facilities provided in connection with the Service and/or the Site 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.
(c) If HBO believes that you have engaged in any fraudulent activity in connection with your use of the Service and/or the Site, we reserve the right to take any action to remedy such activity, including without limitation, termination of your Registered Account.
HBO along with its respective Subscription Providers and affiliates reserve the right to investigate suspected violations of this Agreement, and may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. We may suspend any users whose conduct is under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these terms of this Agreement has occurred, we may warn users, suspend usernames and passwords, terminate Registered Accounts or take other corrective action deemed appropriate. We may also provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HBO AND ITS SUBSCRIPTION PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HBO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HBO OR LAW ENFORCEMENT AUTHORITIES.
23. THIRD PARTY SUBSCRIPTION PROVIDER TERMS:
Accessing the Service via iOS products must be in accordance with the App Store Terms of Service in addition to the Terms set forth herein. You acknowledge and agree that Apple, Inc., ("Apple") and any subsidiaries of Apple, are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right (and be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.
24. USE IN U.S. ONLY:
The Service and/or Site are intended for viewing solely within the Service Area. Use of technology to mask your location or hinder HBO's ability to ascertain your location is prohibited. Please note HBO may use technologies to verify your geographic location. HBO makes no representation that materials or other Content in the Service and/or Site are appropriate or available for use outside of the Service Area. By using the Service and/or submitting personally identifiable information to the Service, either during the registration process or subsequently, you consent to have your information transferred to and processed and maintained in the United States, subject to applicable U.S. laws.
You agree to indemnify and hold harmless HBO, MLB Advanced Media, the Subscription Provider(s), and their respective 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, 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 Registered Account in violation of this Agreement or the failure to fulfill any obligations relating to your Registered Account incurred by you or any other person using your Registered 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.
26. DISPUTE RESOLUTION:
(a) 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) In the event an issue arises, HBO and you hereby agree to resolve those disputes through binding arbitration 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 and you hereby waive any right to such proceedings.
• 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;
• claims that arose before this Agreement or any prior agreement;
• claims that may arise after the termination of this Agreement.
References in this paragraph to "HBO," "we," 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 Subscription Provider, 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 Subscription Provider, 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)).
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.
28. 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.
29. EXPORT CONTROL:
You may not use or otherwise export or re-export the software 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.
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: September 12, 2016