Welcome to warnerbros.com.au (the 'Site'). Thank you for
visiting and have a great time!
It is important to us that you, and our other visitors, have the
best possible time while using our Site, and that when you use this
Site you are fully aware of our respective legal rights and
obligations. For that reason, we have created these Terms of Use as
the legally binding terms to govern your use of this Site. Please
read these Terms of Use carefully before using the Site, because
they affect your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use please do not
use this Site, because by using this Site you will be deemed to
have irrevocably agreed to these terms.
Areas of this Site within the proprietary online service offered
by Warner Bros. may be subject to additional terms and conditions,
which you should read carefully before making any use of those
areas. Any such terms will not vary or replace these Terms of Use
regarding any use of this Site, unless otherwise expressly stated.
Please note that these Terms of Use may be revised and reissued
without notice at any time by updating this posting. You should
visit this page regularly to review the current Terms of Use, since
your continued use of the Site will be deemed as irrevocable
acceptance of any revisions. These Terms of Use were last updated
on 28 November, 2007.
How To Contact Us
This Site is controlled and operated by Warner Bros
Entertainment Australia Pty Ltd ABN 70 003 773 411, a Warner Bros..
Entertainment Company, Level 7 116 Military Rd Neutral Bay Sydney
NSW Australia.[and its related bodies corporate] ('Warner Bros.',
'we', 'us' and 'our'). The phone number is +61 29495 3152. Please
forward any comments or complaints to AUCustServ@warnerbros.com.
Please forward any questions regarding privacy to privacy@wb.com or +61 29495 3152.
Please forward any questions regarding other legal matters to legal@wb.com.
References to 'Warner Bros.', 'us', 'we' and 'our' are
references to Warner Bros Entertainment Australia Pty Ltd ABN 70
003 773 411 [and its related bodies corporate].
Your Registration
To access this Site or some of the resources it has to offer,
you may be asked to provide registration details. It is a condition
of use of this Site that all the details you provide will be
correct, current, and complete. If we at Warner Bros. believe the
details are not correct, current, or complete, we have the right to
refuse you access to the Site, or any of its resources, and to
terminate or suspend your account.
Unless we have received a properly completed and acceptable
parental consent form governing your use of this Site, we will
assume (and by using this Site you warrant that) you have legal
capacity to enter into the agreement set out in these Terms of Use
(i.e., that you are of sufficient age and mental capacity and are
otherwise entitled to be legally bound in contract).
Online Privacy Notice
Your privacy is important to us. To better protect your privacy,
we provide a notice explaining our online information practices and
the choices you can make about the way your information is
collected and used at this site. Click here to
show this notice, which forms part of these Terms of Use.
Trademarks and Copyrights
This Site and all materials incorporated by Warner Bros. on this
Site ('Material') are protected by copyrights, patents, trade
secrets or other proprietary rights ('Copyrights'). Some of the
characters, logos or other images incorporated by Warner Bros. on
this Site are also protected as registered or unregistered
trademarks, trade names and/or service marks owned by Warner Bros.
or others ('Trademarks'). Warner Bros. respects the intellectual
property rights of others and asks users of this Site to do the
same.
Your Use of Material
Your right to make use of this Site and any Material or other
content appearing on it is subject to your compliance with these
Terms of Use. Modification or use of the Material or any other
content on this Site for any purpose not permitted by these Terms
of Use may be a violation of the Copyrights and/or Trademarks and
is prohibited.
You may access and display Material and all other content
displayed on this Site for non-commercial, personal, entertainment
use on a single computer only. The Material and all other content
on this Site may not otherwise be copied, reproduced, republished,
uploaded, posted, transmitted, distributed or used in any way
unless specifically authorized by Warner Bros. or applicable law.
Any authorization to copy Material granted by Warner Bros. in any
part of this Site for any reason is restricted to making a single
copy for non-commercial, personal, entertainment use on a single
computer only, and is subject to your keeping intact all copyright
and other proprietary notices. Using any Material on any other web
site or networked computer environment is prohibited. Also,
decompiling, reverse engineering, disassembling, or otherwise
reducing the code used in any software on this 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, is prohibited.
Disclaimer of Warranties
Your use of this site is at your own risk. The Site and all the
materials, information, software, facilities, services and other
content in warnerbros.com 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, Warner Bros.
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose and non-infringement. Warner Bros. does not
warrant that the functions contained in this site will be
available, uninterrupted or error-free, that defects will be
corrected, or that Warner Bros.' web sites or the servers that make
them available are free of viruses or other harmful components.
Warner Bros. does not warrant or make any representations regarding
the use or the results of the use of the material, information,
software, facilities, services or other content in the Site or any
sites linked to the Site in terms of their correctness, accuracy,
reliability, or otherwise. Warner Bros. makes no warranties that
your use of the materials, information, software, facilities,
service or other content in the Site will not infringe the rights
of others and Warner Bros. assumes no liability or responsibility
for errors or omissions in such materials, information, software,
facilities, service or other content of the Site. If applicable law
does not allow the exclusion of some or all of the above implied
warranties to apply to you, the above exclusions will apply to you
only to the extent permitted by applicable law.
Limitation of Liability
Warner Bros. does not accept any liability for any loss or
damage (direct, indirect, punitive, actual, consequential,
incidental, special, exemplary or otherwise) resulting from any use
of, or inability to use, the Site or the material, information,
software, facilities, services or other content on the Site,
regardless of the basis upon which liability is claimed and even if
Warner Bros. has been advised of the possibility of such loss or
damage. Without limitation, you (and not Warner Bros.) 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. For example, under the Trade Practices
Act 1974 in Australia, our liability for any breach of a condition
or warranty that is implied by law and cannot be excluded is
limited to the extent possible to us doing any one or more of the
following (at our election):
- resupplying goods or services to you or supplying equivalent
goods;
- repairing goods; or
- paying the cost of having goods or services resupplied or goods
repaired.
Nothing in these Terms of Use is intended to exclude, restrict
or modify rights which you may have under the Trade Practices Act
or any other legislation which may not be excluded, restricted or
modified by agreement.
Forums
The materials, information and opinions included and/or
expressed in or on bulletin boards, chat rooms, community pages or
other forums on this site ('forums') are not necessarily those of
Warner Bros. or its affiliated or related entities or content
providers. Warner Bros. does not undertake to monitor or review
forums, and the content of forums is not the responsibility of
Warner Bros. Warner Bros. may remove or modify any content without
notice or liability at any time in its sole discretion. Any use of
the forums will be at your own risk and will be subject to the
disclaimers and limitations on liability set out above.
Submissions, Postings and E-mails
Warner Bros. is interested in hearing from you regarding your
questions or comments about our Site. However, Warner Bros. do not
accept unsolicited submissions of any kind (e.g., scripts,
treatments, concepts or any other materials), in any format, by any
means of transmission (including email). Any such submissions are
either returned to the sender without being reviewed, or deleted or
discarded without being reviewed. Therefore, please do not send
unsolicited submissions of any kind to Warner Bros.
From time to time, areas on this Site may expressly request
submissions of concepts, 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 Site to govern those submissions
('Additional Terms'), since they will affect your legal rights. If
no Additional Terms govern those submissions, then these Terms of
Use will apply in full to any Invited Submissions you make.
In any event, any material you send to us will not be treated as
confidential.
Please act responsibly when using this Site. You may only use
this 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 this
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 a third party claims that
material you have contributed to the Site is unlawful, you will
bear the burden of establishing that it is lawful. You understand
and agree that all materials publicly posted (other than by Warner
Bros.) or privately transmitted on or through this Site are the
sole responsibility of the sender, not Warner Bros., and that you
are responsible for all material you upload, post or otherwise
transmit to or through this Site.
We at Warner Bros. require that you do not post e-mails or
submit to or publish through Forums or otherwise make available on
this Site any content, or act in a way, which in our opinion:
- libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or
offensive;
- seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details
or otherwise;
- infringes any intellectual property or other right of any
entity or person, including violating anyone's copyrights or
trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- 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);
- advocates or promotes illegal activity;
- impersonates or misrepresents your connection to any other
entity or person or otherwise manipulates headers or identifiers to
disguise the origin of the content;
- 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 Site;
- solicits funds, advertisers or sponsors;
- 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;
- 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 Site;
- copies any other pages or images on this Site except with
appropriate authority;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- 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;
- disobeys any policy or regulations established from time to
time regarding use of this Site or any networks connected to this
Site;
- promotes tobacco products or promotes pharmaceutical goods not
approved for sale in Australia;
- contains any 'prohibited content' or 'potential prohibited
content' within the meaning of Schedule 5 or Schedule 7 of the
Broadcasting Services Act 1992 (Cth); or
- contains links to other sites that contain the kind of content,
which falls within the descriptions set out at (a) to (r)
above.
In addition, you are prohibited from removing any sponsorship
banners or other material inserted by Warner Bros. Online anywhere
on this Site (e.g., on any web space made available for your
use).
System Abuse
Without limitation, you agree not to send, create or reply to so
called 'mailbombs' (i.e., emailing copies of a single message to
many users, or sending large or multiple files or messages to a
single user with malicious intent) or engage in 'spamming'(i.e.,
unsolicited emailing for business or other purposes) or undertake
any other activity which may adversely effect the operation or
enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any
resource, or access to any resource, contained on this Site.
Investigations
Warner Bros. reserves the right to investigate suspected
violations of these Terms of Use, including without limitation any
violation arising from any submission, posting or e-mails you make
or send to any Forum. Warner Bros. may seek to gather information
from the user who is suspected of violating these Terms of Use, and
from any other user. Warner Bros. may suspend any users whose
conduct or postings are under investigation and may remove such
material from its servers as it deems appropriate and without
notice. If Warner Bros. believes, in its sole discretion, that a
violation of these Terms of Use has occurred, it may edit or modify
any submission, posting or e-mails, remove the material
permanently, cancel postings, warn users, suspend users and
passwords, terminate accounts or take other corrective action it
deems appropriate. Warner Bros. will fully cooperate with any law
enforcement authorities or court order requesting or directing
Warner Bros. to disclose the identity of anyone posting any
e-mails, or publishing or otherwise making available any materials
that are believed to violate these Terms of Use. By accepting this
agreement you waive and hold harmless Warner Bros. from any claims
resulting from any action taken by Warner Bros. during or as a
result of its investigations and/or from any actions taken as a
consequence of investigations by either Warner Bros. or law
enforcement authorities.
Service
In order to use this Site, you must obtain access to the World
Wide Web and pay any service fee associated with that access. You
will need to provide all equipment necessary to connect to the Site
on the World Wide Web (including a computer, modem and/or other
access devices).
Warner Bros., reserves the right to modify or discontinue,
temporarily or permanently, all or any part of this Site and/or any
software, facilities and services on this Site, with or without
notice, and/or to establish general guidelines and limitations on
their use.
Local Regulations
Warner Bros. makes no representation that Materials or other
content in the Site are appropriate or available for use outside
Australia. If you choose to access the Site 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 Australia or the country you reside in.
Indemnity
You agree to indemnify and hold harmless Warner Bros. and its
officers, directors, employees, agents, distributors and affiliates
from and against any and all claims, demands, liabilities, costs or
expenses, including reasonable attorney's fees, resulting from your
breach of any of the foregoing provisions, representations or
warranties, and/or from your transmission of any content to Warner
Bros., and/or from any and all use of your account.
Our Use of Content
Warner Bros. will consider anything you provide to Warner Bros.
and/or contribute to this Site 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 Site (see
'Submissions, Postings and E-mails' above), in which event those
Additional Terms will determine how we will treat your Invited
Submissions.
Subject to the provisions of any Additional Terms, by posting or
uploading any content to this Site and/or providing any
communication or material to Warner Bros. ('User Content'), you
automatically and irrevocably: (a) grant and assign to Warner Bros.
any and all rights 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
Warner Bros. and/or by any person authorized by Warner Bros., by
any means and in all media now known or hereafter devised without
payment or other reference to you or any other person, and to
advertise and promote such exploitation, for the full period of all
such rights (together with any extensions and renewals) and insofar
as possible in perpetuity; (b) 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; (c) appoint Warner
Bros. as your agent with full power to enter into any document
and/or do any act Warner Bros. may consider appropriate to confirm
the grant and assignment, consent and waiver set out above; (d)
warrant that you are the owner of the User Content and entitled to
enter into these Terms of Use; (e) confirm that no such User
Content will be subject to any obligation, of confidence or
otherwise, to you or any other person and that Warner Bros. shall
not be liable for any use or disclosure of such User Content.
Third-Party Sites
This Site may link you to other sites on the Internet. These
sites may contain information or material that some people may find
inappropriate or offensive. These other sites are not under the
control of Warner Bros., and you acknowledge that (whether or not
such sites are affiliated in any way with Warner Bros.) Warner
Bros. is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such
sites. The inclusion of such a link does not imply endorsement of
any site by Warner Bros. or any association with its operators.
Warner Bros. cannot ensure that you will be satisfied with any
products or services that you purchase from any third-party site
that links to or from Warner Bros. since other shop channels are
owned and operated by independent retailers. Warner Bros. does not
endorse any of the merchandise, nor has Warner Bros. taken any
steps to confirm the accuracy or reliability of any of the
information contained in such third-party sites. Warner Bros. does
not make any representations or warranties as to the security of
any information (including, without limitation, credit card and
other personal information) you might be requested to give any
third party, and you irrevocably waive any claim against us with
respect to such sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding
with any online transaction with any of these third parties.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary
online service is subject to the rules, policies and guidelines of
such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are presented
solely for the purpose of providing entertainment and information
and promoting programs, films, music, and other products available
in Australia. The Site is controlled and operated by Warner Bros.
from its offices within the State of New South Wales,
Australia.
These Terms of Use shall be governed by, construed and enforced
in accordance with the laws of the State of New South Wales, as
they are applied to agreements entered into and to be performed
entirely within New South Wales. Any action you, any third party or
Warner Bros. may bring to enforce these Terms of Use or, in
connection with any matters related to the Site shall be brought
only in either the State or Federal Courts located in New South
Wales, and you expressly consent to the jurisdiction of said
courts.
If any provision of these Terms of Use shall be unlawful, void,
or for any reason unenforceable, then that provision shall be
deemed severable for this agreement and shall not affect the
validity and enforceability of any remaining provisions. This is
the entire agreement between the parties relating to the matters
contained herein.
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