Warner Bros
Warner Bros
Welcome and thank you for using a service provided by Warner Bros. Entertainment Inc. or its
subsidiaries or affiliates (“Warner,” “we,” “us,” or “our”). These Terms of Use are a legally
binding agreement between you and Warner and govern your use of our online, digital, or mobile
services, including our websites, software, applications, games, and any of our other products
and services in connection with which these Terms of Use are posted or from which they are
linked (collectively, the “Service”).
Certain aspects of the Service may be subject to additional terms and conditions, which may
include, among other things, particularized age requirements, codes of conduct, sweepstakes and
contest rules, and payment or subscription terms (collectively, “Additional Terms”). When
Additional Terms are made available in connection with any aspect of the Service, those
Additional Terms also apply to your use of that aspect of the Service and control in the event of a
conflict with these Terms.
By accessing or using the Service, you agree to be bound by these Terms and any applicable
Additional Terms (which are incorporated herein by reference) and acknowledge our collection
and use of your information as described in the Privacy Policy(ies) applicable to the Service
(“Privacy Policy”). If you do not wish to be bound by these Terms or Additional Terms, do not
access or use the Service.
The Service and Content are protected by copyrights, trademarks, service marks, or other
intellectual property rights that are owned by Warner or its licensors. Warner respects the
intellectual property rights of others and asks that you do the same. Any unauthorized use
of Content or any other aspect of the Service, or any portion thereof, will constitute a
violation of copyright or other intellectual property rights, and Warner reserves the right
to fully prosecute such violations and enforce its rights to the fullest extent of the law,
including seeking both civil and criminal penalties. Violation of this Agreement in any
manner automatically terminates the license granted to you herein and obligates you to
cease all use of the Service and Content. Any authorization to copy material granted by
Warner in any part of the Service for any reason is restricted to viewing a single copy for
non-commercial, personal, entertainment use only, unless otherwise specified, and is
subject to your keeping intact all copyright, trademark, and other proprietary notices.
Except as expressly provided herein, Warner does not grant you any other express or
implied right or license in or to the Service or Content and all right, title, and interest that
Warner has in the Service and Content are retained by Warner, including the right to
modify, discontinue, or temporarily suspend any or all of the Service at any time, with or
without notice.
4. User Accounts
A. Account Creation
You agree that Warner has the right, in our sole discretion, to investigate any
actual or suspected violation of these Terms and to suspend or terminate your
Account and refuse you access to your Account, the Service, or the Content (or
any portion thereof) for any reason, including if Warner believes the information
you provide is not correct, current, or complete, or that you have otherwise
violated this Agreement or any applicable law. You agree that Warner may report
your conduct, activity, or identity to law enforcement or other appropriate
authorities, take appropriate legal action against you, respond to subpoenas or
other requests for information regarding your Account or use of the Service, or
otherwise take action to protect our rights and the rights of any third party. BY
ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING,
DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY WARNER
DURING OR AS A RESULT OF THESE INVESTIGATIONS.
C. Account Security
You may not use anyone else’s Account at any time and you may not allow
anyone else to use your Account at any time. You are responsible for all activity
occurring under your Account, including all activities or transactions conducted
through the use of your Account. You are responsible for maintaining the
confidentiality of your Account username and password, and agree not to disclose
your username and password to anyone. You agree not to transfer, resell, or
otherwise convey your Account or the right to use your Account to anyone. You
agree that Warner will not be liable for any loss you may incur as a result of
someone else using your Account, either with or without your knowledge. You
also agree that any information you provide is offered at your own risk, and that
Warner cannot guarantee its protection from unauthorized access. If you have
reason to believe that your Account is no longer secure, you must: (i) promptly
change your password; and (ii) immediately notify us of the problem through our
Customer Service contact page or by sending an email to [email protected].
Warner may require you to change your Account username and password.
5. Mobile Devices
A. Wireless Charges
You are solely responsible for all charges from your wireless provider including
any data and messaging fees that you may incur if you use mobile devices to
interact with the Service or to receive communications from Warner.
B. Mobile Software
Warner may make certain mobile software applications (“Apps”) available for
download in connection with the Service. You may only use Apps on approved
devices, for personal use. You are not permitted to modify, transfer, or distribute
any Apps. Warner does not guarantee that the Apps will be compatible with your
device. Warner may choose to make available updates, bug fixes, or other
changes or enhancements to the Apps from time to time; such updates may be
automatic, at your election, or mandatory if you wish to continue using the Apps,
at Warner’s discretion. You may not use or otherwise export or re-export the
Apps, or any other software provided as part of the Service, except as authorized
by United States law and the laws of the jurisdiction in which the software was
obtained. In particular, but without limitation, neither the Apps, nor any other
software, may be exported or re-exported into any U.S. embargoed countries or to
any persons listed as prohibited under applicable law or regulation. If you
download or use any software, you represent and warrant that you (i) are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) are not listed on any U.S. Government list of prohibited or restricted parties.
The additional terms in this Section 5.C apply only to your use of Apps
downloaded through Apple Inc.’s (“Apple”) iTunes App Store (“iTunes Apps”).
You agree that this Agreement is solely between you and Warner, not Apple, and
that Apple is not responsible for iTunes Apps or their content. Apple has no
obligation whatsoever to furnish any maintenance or support services in
connection with iTunes Apps. You will not involve Apple in any claims relating
to your use of iTunes Apps, or in any third-party claims alleging infringement of
intellectual property rights by the iTunes Apps. You agree to comply with all
third-party agreements in connection with your use of iTunes Apps (for example,
your wireless provider agreement). Finally, you agree that Apple, and Apple’s
subsidiaries, are third party beneficiaries of the Agreement solely for the purpose
of enforcing the applicable Terms against you in connection with your use of
iTunes Apps.
6. Paid Services
Certain aspects of the Service may require payments. If you use those aspects of the
Service, you agree to the applicable pricing and payment terms. Such terms will be
displayed in connection with that aspect of the Service requiring payment. Warner may
update pricing and payment terms at any time and in its sole discretion, with any changes
to subscription fees taking effect upon the conclusion of your current subscription term
unless otherwise specified. The transaction is with the specific Warner entity identified
by the aspect of the Service used to make the purchase.
All purchases are final and no refunds are available unless otherwise specified in
applicable Additional Terms, including where your account is terminated or suspended
preventing your access to paid aspects of the Service, such as any remaining subscription
terms. Subscriptions have no monetary value and are purchases of only a limited,
personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully
revocable license to access the applicable portion of the Service. Unless otherwise
specified (at initial sign-up or subsequently), subscriptions may renew automatically
for up to the initial subscription term at a rate not exceeding the rate for the prior
subscription period. If you sign up for a free trial subscription (if available), you will be
automatically billed at the then-current rate at the conclusion of the free trial. You may
cancel any automatically renewing subscription by using that aspect of the Service you
used to set up your subscription, unless another cancellation method is specified in
applicable Additional Terms.
The name and contact information of the service provider is set forth herein in
conformance with Cal. Civ. Code § 1789.3. If you are a California resident, you may
report any complaints to the Consumer Information Division of the California
Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento,
CA 95834, or by telephone at (800) 952-5210.
7. Virtual Items
The Service may feature fictional credits, items, rewards, points, currency, or the like
(collectively, “Virtual Items”). The Virtual Items may be used exclusively within the
Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-
sublicensable, non-assignable, and fully revocable license to use the Virtual Items in
connection with the Service and as governed by these Terms. You have no right, title,
interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value
and are not redeemable for any sum of money. You will receive no compensation for any
Virtual Items that are deleted, modified, or to which you lose access if your Account is
terminated, suspended, or otherwise limited. Warner has the absolute right to manage,
regulate, control, modify, or eliminate Virtual Items as we see fit in our sole discretion,
and Warner will have no liability to you or anyone else for the exercise of such rights.
For example, Virtual Items may be immediately lost, deleted from your Account, or
otherwise forfeited if your Account is terminated or closed for any reason or when
Warner discontinues, modifies, or updates an applicable aspect of the Service (for
example, discontinuing a game featuring Virtual Items).
All purchases of licenses to Virtual Items are final and governed by the terms of Section
6 (Paid Services); by indicating your desire to purchase a license to any Virtual Items
through the Service, including by clicking or tapping the relevant purchase button, you
confirm that you want said items credited to your Account and in so doing you lose any
cancellation rights you may have under applicable laws.
8. Third-Party Services
The Service may link to, integrate with, or incorporate third party content, sites, services,
or platforms, including advertisers, online merchants, and social networks (collectively,
“Third Party Services”). Warner does not endorse and is not responsible for Third Party
Services, whether in terms of their correctness, accuracy, validity, propriety, reliability,
legality, security, or otherwise, and Warner disclaims all liability in connection therewith.
References to Third Party Services do not imply endorsement of any Third Party Services
by Warner or any association with its operators. Your dealings with Third Party Services
are solely between you and the applicable Third Party Services. To learn more about
Third Party Services, consult the Third Party Services’ respective terms of use and
privacy policies.
9. User Content
From time to time, certain aspects of the Service may invite or otherwise allow you to
submit or post a variety of content to the Service, such as text (including comments and
reviews), images, videos, music, and other information, either directly to the Service or
through a Third Party Service (collectively, “User Content”). Your User Content remains
your own, unless as otherwise may be provided in Additional Terms. Please be aware,
however, that User Content is not confidential and may be accessible by other users and
the public. Moreover, by submitting or posting User Content to the Service (either
directly or through a Third Party Service) you grant Warner a royalty-free, perpetual,
irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to
use the User Content, together with all consents or waivers including a publicity rights
waiver and a waiver of moral rights (if any) in favor of Warner necessary to reproduce,
distribute, publicly perform, publicly display, transmit, communicate to the public,
modify and make derivative works of the User Content, by any means and in all media
formats and channels now known or hereafter devised in perpetuity, and to advertise and
promote such use, without further notice to, or permission from, you or any other person,
and without compensation or reference to you or any other person.
Please retain copies of all User Content as Warner is under no obligation to store or
return any User Content to you. Your submission of User Content will not be subject to
any obligation of confidentiality, attribution, or otherwise. You are solely responsible for
your User Content. Warner only acts as a passive conduit for User Content, and will not
be liable for any use, disclosure, or exposure of any User Content, including possibly
objectionable or offensive User Content, to you, any other user, or any third party.
Warner is under no obligation to monitor User Content or use of the Service. However,
Warner has the right to monitor or moderate User Content, in our sole discretion, and to
enforce our or a third party’s intellectual property rights in any User Content. Warner
reserves the right to discard or remove User Content from the Service in its sole
discretion and without any liability whatsoever.
A. You have obtained the written consent of every identifiable individual featured in
your User Content (or, in the case of minors, consent of the minor’s parent or
guardian) to use that person’s name, voice, and/or likeness (as applicable) in
connection with the Service and pursuant to these Terms.
B. Your User Content does not infringe, violate, or misappropriate any third-party
intellectual property rights, including copyrights, trade secrets, or trademarks.
C. Your User Content, as used in connection with the Service, will not violate any
applicable laws or regulations or infringe or violate any rights of a third party,
including third-party publicity or privacy rights.
D. Warner may exercise the rights to your User Content granted herein without any
liability, including for payment of royalties, residuals, guild fees, or the like, to
you or any third party.
10. Code of Conduct
You agree that you will not use the Service to upload, post, or otherwise distribute any
User Content that:
15. Indemnity
You agree to indemnify and hold harmless Warner and its directors, officers,
shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively,
the "Indemnified Parties") from and against all losses, expenses, damages and costs,
including reasonable attorney fees and costs, resulting from: (i) your breach of any of the
representations, warranties, and agreements made hereunder; (ii) your use of the Service;
(iii) your placement or transmission of any User Content onto the Service; (iv) any use of
your Account in violation of this Agreement or your failure to fulfill any obligations
incurred through the use of your Account by you or a third party; or (v) your willful
misconduct.
In the unlikely event that you're not satisfied with customer service's solution, and
you and Warner are unable to resolve a dispute through the Informal Dispute
Resolution Procedures below, we each agree to resolve the dispute through binding
arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, allows for more limited discovery than in court, and is subject
to very limited review by courts. Unless expressly limited by this Dispute Resolution
provision, arbitrators can award the same damages and relief that a court can award. Any
arbitration under this Agreement will take place on an individual basis; class
arbitrations and class actions are not permitted. In arbitration you may be entitled to
recover attorneys’ fees from us to the same extent as you would be in court.
ARBITRATION AGREEMENT
(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law,
Warner and you agree to arbitrate all disputes and claims between us, except for claims
arising from bodily injury or that pertain to enforcing, protecting, or the validity of your
or our intellectual property rights (or the intellectual property rights of any of our
licensors, affiliates and partners). This Arbitration Agreement is intended to be broadly
interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether
based in contract, tort, fraud, misrepresentation or any other statutory or common-law
legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to,
claims relating to advertising);
• claims for mental or emotional distress or injury not arising out of physical bodily
injury;
• claims that are currently the subject of purported class action litigation in which you are
not a member of a certified class; and
References to “Warner,” “you,” “we” and “us” in this Arbitration Agreement include our
respective predecessors in interest, successors, and assigns, as well as our respective past,
present, and future parents, subsidiaries and affiliates (including Warner Bros. Discovery,
Inc. and its affiliates); those entities and our respective agents, employees, licensees,
licensors, and providers of content as of the time your or our claim arises; and all
authorized or unauthorized users or beneficiaries of Services under this or prior
Agreements between us. Notwithstanding the foregoing, either party may elect to have
claims heard in small claims court seeking only individualized relief, so long as the
action is not removed or appealed to a court of general jurisdiction. This Arbitration
Agreement does not preclude you from bringing issues to the attention of federal, state, or
local agencies. You agree that, by entering into this Agreement, you and we are each
waiving the right to participate in a class action and to a trial by jury to the fullest
extent permitted by applicable law. This Agreement evidences a transaction in
interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the
interpretation and enforcement of this arbitration provision. This Arbitration Agreement
shall survive termination of this Agreement.
After receipt of a completed Notice, the parties shall engage in a good faith effort to
resolve the dispute for a period of 60 days (which can be extended by agreement). You
and we agree that, after receipt of the completed Notice, the recipient may request an
individualized telephone or video settlement conference (which can be held after the 60-
day period) and both parties will personally attend (with counsel, if represented). You
and we agree that the parties (and counsel, if represented) shall work cooperatively to
schedule the conference at the earliest mutually-convenient time and to seek to reach a
resolution. If we and you do not reach an agreement to resolve the issues identified in the
Notice within 60 days after the completed Notice is received (or a longer time if agreed to
by the parties), you or we may commence an arbitration proceeding or a small claims
court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution
Procedures section is a condition precedent to initiating arbitration. Any applicable
limitations period (including statute of limitations) and any filing fee deadlines shall be
tolled while the parties engage in the informal dispute resolution procedures set forth in
this Subsection 16.2. All of the Mandatory Pre-Arbitration Notice and Informal Dispute
Resolution Procedures are essential so that you and Warner have a meaningful
opportunity to resolve disputes informally. If any aspect of these requirements has not
been met, a court of competent jurisdiction may enjoin the filing or prosecution of an
arbitration. In addition, unless prohibited by law, the arbitration administrator may not
accept, administer, assess, or demand fees in connection with an arbitration that has been
initiated without completion of the Mandatory Pre-Arbitration Notice and Informal
Dispute Resolution Procedures. If the arbitration is already pending, it shall be
administratively closed. Nothing in this paragraph limits the right of a party to seek
damages for non-compliance with these Procedures in arbitration.
You and we agree that the party initiating arbitration must submit a certification that they
have complied with and completed the Mandatory Pre-Arbitration Notice and Informal
Dispute Resolution Procedures requirements referenced in Section 16.2 and that they are
a party to the Arbitration Agreement enclosed with or attached to the demand for
arbitration. The demand for arbitration and certification must be personally signed by the
party initiating arbitration (and their counsel, if represented).
All issues are for the arbitrator to decide, except as otherwise expressly provided herein
and except as to issues relating to the scope and enforceability of the Arbitration
Agreement or whether a dispute can or must be brought in arbitration (including whether
a dispute is subject to this Arbitration Agreement or a previous arbitration provision
between you and Warner), which are for a court of competent jurisdiction to decide. The
arbitrator may consider but shall not be bound by rulings in other arbitrations involving
different customers.
Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any
arbitration hearings will take place in the county (or parish) of your billing address and
you and a Warner representative will be required to attend in person. At the conclusion of
the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient
to explain the essential findings and conclusions on which the award is based. The
arbitrator’s decision is binding only between you and Warner and will not have any
preclusive effect in another arbitration or proceeding that involves a different party. An
arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and Warner agree that any counsel representing a party in arbitration
certifies when initiating and proceeding in arbitration that they are complying with the
requirements of Federal Rule of Civil Procedure 11(b), including certification that the
claim or relief sought is neither frivolous nor brought for an improper purpose. The
arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of
Civil Procedure 11, or applicable federal or state law, against all appropriate represented
parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any
remedy, relief, or outcome that the parties could have received in court, including awards
of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise
provided by applicable law, the parties shall bear their own attorneys’ fees and costs in
arbitration unless the arbitrator awards sanctions or finds that either the substance of the
claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(4) Arbitration Fees: The payment of arbitration fees (the fees imposed by the
arbitration administrator including filing, arbitrator, and hearing fees) will be governed
by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law.
If after exhausting any potentially available fee waivers, the arbitrator finds that the
arbitration fees will be prohibitive for you as compared to litigation, we will pay as much
of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive, regardless of the
outcome of the arbitration, unless the arbitrator determines that your claim(s) were
frivolous or brought for an improper purpose or asserted in bad faith. You and we agree
that arbitration should be cost-effective for all parties and that any party may engage with
NAM to address the reduction or deferral of fees.
(5) Confidentiality: Upon either party’s request, the arbitrator will issue an order
requiring that confidential information of either party disclosed during the arbitration
(whether in documents or orally) may not be used or disclosed except in connection with
the arbitration or a proceeding to enforce the arbitration award and that any permitted
court filing of confidential information must be done under seal to the furthest extent
permitted by law.
(6) Offer of Settlement: In any arbitration between you and Warner, the defending party
may, but is not obligated to, make a written settlement offer at any time before the
evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion
being granted. The amount or terms of any settlement offer may not be disclosed to the
arbitrator until after the arbitrator issues an award on the claim. If the award is issued in
the other party’s favor and is less than the defending party’s settlement offer or if the
award is in the defending party’s favor, the other party must pay the defending party’s
costs incurred after the offer was made, including any attorney’s fees. If any applicable
statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer
in this provision shall serve to cease the accumulation of any costs to which the party
bringing the claim may be entitled for the cause of action under which it is suing.
(7) Requirement of Individualized Relief: The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s individual claim. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR
PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we
agree otherwise, the arbitrator may not consolidate more than one person’s claims and
may not otherwise preside over any form of a representative, class, or private attorney
general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-
individualized declaratory or injunctive relief; class, representative, and private attorney
general claims; and consolidation are found to be unenforceable with respect to a
particular claim or with respect to a particular request for relief (such as a request for
injunctive relief sought with respect to a particular claim), then the parties agree such a
claim or request for relief shall be decided by a court of competent jurisdiction, after all
other arbitrable claims and requests for relief are arbitrated. You agree that any
arbitrations between you and Warner will be subject to this Section 16 and not to any
prior arbitration agreement you had with Warner, and, notwithstanding any provision in
this Agreement to the contrary, you agree that this Section 16 amends any prior
arbitration agreement you had with Warner, including with respect to claims that arose
before this or any prior arbitration agreement.
(8) Opt Out of Future Changes: Notwithstanding any provision to the contrary, if
Warner makes any future change to this Arbitration Agreement (other than a change to
the Notice Address), you may reject any such change by sending Warner an email to
[email protected] within 30 days of the posting of the amended arbitration agreement that
provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone
number, (iv) if applicable, the username or email address associated with any potential
account or newsletter; and (v) the approximate date of your initial use of the relevant
Service. Such an opt-out email must be sent by you personally, and not by your agent,
attorney, or anyone else purporting to act on your behalf. It must include a statement,
personally signed by you, that you wish to reject the change to the Arbitration
Agreement. This is not an opt out of arbitration altogether.
If, at any time, 25 or more claimants (including you) submit Notices or seek to file
demands for arbitration raising similar claims against the other party or related parties by
the same or coordinated counsel or entities, consistent with the definition and criteria of
Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute
Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at
https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the
additional procedures set forth below shall apply. The parties agree that throughout this
process, their counsel shall meet and confer to discuss modifications to these procedures
based on the particular needs of the Mass Filing. The parties acknowledge and agree that
by electing to participate in a Mass Filing, the adjudication of their dispute might be
delayed. Any applicable limitations period (including statute of limitations) and any filing
fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and
Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration
Notice complies with the requirements in Section 16.2, until your claim is selected to
proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted
out of arbitration.
Stage One: Counsel for the claimants and counsel for Warner shall each select 25 claims
per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a
staged process. Each of these individual arbitrations shall be assigned to a different,
single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall
not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in
connection with those claims unless and until they are selected to be filed in individual
arbitration proceedings as part of a staged process. After this initial set of staged
proceedings is completed, the parties shall promptly engage in a global mediation session
of all remaining claims with a retired federal or state court judge, and Warner shall pay
the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the
claimants and counsel for Warner shall each select 50 claims per side (100 claims total)
to be filed and to proceed in individual arbitrations as part of a second staged process,
subject to any procedural changes the parties agreed to in writing. Each of these
individual arbitrations shall be assigned to a different, single arbitrator unless the parties
agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in
arbitration, nor shall any arbitration fees be assessed in connection with those claims
unless and until they are selected to be filed in individual arbitration proceedings as part
of a staged process. After this second set of staged proceedings is completed, the parties
shall promptly engage in a global mediation session of all remaining claims with a retired
federal or state court judge, and Warner shall pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the
claimants and counsel for Warner shall each select 100 claims per side (200 claims total)
to be filed and to proceed in individual arbitrations as part of a third staged process,
subject to any procedural changes the parties agreed to in writing. Any remaining claims
shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be
assessed in connection with those claims unless and until they are selected to be filed in
individual arbitration proceedings as part of a staged process. Following this third set of
staged proceedings, counsel for claimants may elect to have the parties participate in a
global mediation session of all remaining claims with a retired federal or state court
judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and Warner may separately or by agreement, opt out of arbitration and
elect to have your claim heard in court consistent with the Agreement. You may opt out
of arbitration by providing your individual, personally signed notice of your intention to
opt out by sending Warner an email to [email protected]. Such an opt-out email must be
sent by you personally, and not by your agent, attorney, or anyone else purporting to act
on your behalf. It must include a statement, personally signed by you, that you wish to
opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective
mediation associated with Stage 3. Warner may opt your claim out of arbitration by
sending an individual, personally signed notice of its intention to opt out to your counsel
within 14 days after the expiration of your 30 day opt out period. Counsel for the parties
may agree to adjust these deadlines.
OR
Option Two: If neither you nor Warner elect to have your claim heard in court consistent
with Option One, then you agree that your claim will be resolved as part of continuing,
staged individual arbitration proceedings as set forth below. Assuming the number of
remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected
through a process agreed to by counsel for the parties) to be filed and to proceed in
individual arbitrations as part of a staged process. If the number of remaining claims is
fewer than 200, then all of those claims shall be filed and proceed in individual
arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor
shall any arbitration fees be assessed in connection with those claims unless and until
they are selected to be filed in individual arbitration proceedings as part of a staged
process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise
resolved, this process shall repeat consistent with these parameters. Counsel for the
parties are encouraged to meet and confer, participate in mediation, and engage with each
other and with NAM (including through a Procedural Arbitrator) to explore ways to
streamline the adjudication of claims, increase the number of claims to proceed at any
given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing
provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of
arbitrations and the assessment of arbitration fees. If these additional procedures apply to
your claim, and a court of competent jurisdiction determines that they are not enforceable
as to your claim, then your claim shall proceed in a court of competent jurisdiction
consistent with this Agreement.
You and Warner agree that we each value the integrity and efficiency of arbitration and
wish to employ the process for the fair resolution of genuine and sincere disputes
between us. You and Warner acknowledge and agree to act in good faith to ensure the
processes set forth herein are followed. The parties further agree that application of these
Mass Filing procedures have been reasonably designed to result in an efficient and fair
adjudication of such cases.
To the fullest extent permitted by law, you and Warner waive any right to a jury trial.
This Agreement shall be governed by the laws of the State of New York, without
regard to conflict of law principles. Any dispute that is not subject to arbitration
under Section 16 (Dispute Resolution) of the Agreement, or any issues involving
arbitrability or enforcement of any provisions under Section 16 shall be brought in
the appropriate state or federal court located in New York County, New York; and
we and you each irrevocably consent to the exclusive jurisdiction and venue of
the state or federal courts in New York County, New York for the adjudication of
all non-arbitral claims.
B. Force Majeure
Warner will not have any liability to you by reason of any delay or failure to
perform any obligation hereunder if the delay or failure to perform is occasioned
by force majeure, which refers to any act of God, storm, fire, casualty,
unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor
dispute, civil disturbance, riot, war, national emergency, Governmental action, or
other cause beyond its control.
C. No Waiver
No failure or delay by Warner in exercising its rights under this Agreement will
constitute a waiver of those rights, nor will any partial assertion of any such rights
preclude further assertion of the same.
D. Severability
E. Construction
The titles of the sections of this Agreement are for convenience of reference only
and are not to be considered in construing this Agreement. Unless the context of
this Agreement clearly requires otherwise:(a) references to the plural include the
singular, the singular the plural, and the part the whole; (b) “or” has the inclusive
meaning frequently identified with the phrase “and/or;” (c) ”including” has the
inclusive meaning frequently identified with the phrase “including but not limited
to” or “including without limitation;” and (e) references to “hereunder,” “herein,”
or “hereof” relate to this Agreement as a whole. Any reference in this Agreement
to any statute, rule, regulation, or agreement, including this Agreement, will be
deemed to include such statute, rule, regulation, or agreement as it may be
modified, varied, amended, or supplemented from time to time.
F. Survival
Any provision herein which by its nature contemplates your continued observance
following termination of this Agreement will survive termination of this
Agreement.
G. Entire Agreement
A. Your name, address, telephone number, and (if available) email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of each place where alleged infringing material is
located;
D. A statement by you that you have a good faith belief that the disputed use has not
been authorized by you, your agent, or the law;
E. Your electronic or physical signature or the electronic or physical signature of the
person authorized to act on your behalf; and
F. A statement by you that the information in your notice is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
The above information must be submitted to Warner’s Copyright Agent at the following
address:
If we are notified that any User Content infringes another’s intellectual property rights,
we may remove such User Content pursuant to the DMCA. In accordance with the
DMCA, we have a repeat infringer policy and reserve the right to terminate your Account
for submitting infringing User Content in violation of these Terms once or on a repeated
basis.
20. Accessibility
For information about the accessibility of our websites, applications, content and
services, please visit our Accessibility Statement.
21. Contact Us
You may contact us at the addresses specified herein for specific requests or contact
Customer Service with general inquiries. Please do not send us any Unsolicited
Submissions.