TERMS AND CONDITIONS FOR THE WB MOBILE CATALOG (THE "SITE")
This Site is controlled and operated by Warner Bros. Digital Distribution ("WB", "we" or "us"). Your use will be governed by the complete WB terms and conditions ("WB’S TERMS"). BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY WB’S TERMS WHICH CAN BE FOUND AT www.wb.com. IF YOU DO NOT AGREE TO WB’S TERMS, DO NOT USE THIS SITE.
1. (a) Your use of this Site and all products and services are governed by (i) the WB’S TERMS, WB’s Privacy Policy, WB’s Terms of Use, all of which are available at www.wb.com; and (ii) any other terms, guidelines and/or policies which you and we agree, which shall be posted from time to time on this Site or otherwise referenced and are incorporated by reference herein.
(b) All intellectual property rights in any and all WB-branded mobile games, wallpapers, screensavers, videos and any other services and products that may be offered by WB at the Site ("WB Mobile Content") are either owned by WB or have been licensed to WB by the owner(s) of the intellectual property for use as part of the WB Mobile Content.
(c) We may periodically modify any of the terms of this Agreement including, but not limited to, other terms, policies and/or guidelines applicable to your use of this Site.
2. We will assume (and by using this Site you warrant that) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
3. In order to use this Site, you must have a registered mobile account of the handset using the Site. Your handset should have the capability to initiate a WAP session and be compatible to receive WB Mobile Content. We reserve 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.
4. WB Mobile Content, products and/or services at this Site, may be offered to you on a fee basis, which fees may include, but not be limited to recurring subscription fees, charges for use of software, and other charges. You may also be subject to mobile fees, including those fees based on your mobile provider plan.
5. You are prohibited from using this Site to compromise security or tamper with system resources. WB Mobile Content is provided to you for your personal, noncommercial use only. You agree not to reproduce, sell, resell, license or exploit for any commercial purposes, the WB Mobile Content or any other any portion of this Site.
6. FOR COMPLETE DISCLAIMERS, LIMITATIONS OF LIABILITY AND WARNINGS, go to www.wb.com.
(a) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, GAMES AND OTHER WB Mobile Content IN THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
(b) WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) DELIVERY OF WB MOBILE CONTENT FROM THE SITE TO YOUR HANDSET MAY TAKE UP TO 24 HOURS. NO WB MOBILE CONTENT WILL BE DELIVERED TO YOUR HANDSET IF IT IS SWITCHED OFF, IS SET TO DIVERT CALLS OR LOSES NETWORK CONNECTION. AS SUCH INSTANCES ARE OUT OF WB’S CONTROL, WB WILL NOT BE LIABLE FOR FAILURE TO DELIVER WB MOBILE CONTENT AS A RESULT OF SUCH EVENTS.
(d) WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, GAMES OR OTHER CONTENT ON THIS SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE RESULTING FROM ANY SUCH USE. 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.
(e) WB'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU AND RECEIVED BY WB FOR THE SUBSCRIPTION PERIOD IN WHICH THE CLAIM FIRST ACCRUED.
(f) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or any part thereof, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(g) Your sole and exclusive remedies for any damages arising out of your use of the Site or under this Agreement are as expressly set forth in this Agreement.
(h) PHOTOSENSITIVE SEIZURE WARNING. A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games. These seizures may have a variety of symptoms, including light-headedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.
(i) IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR if you experience any of these symptoms. Parents should watch for or ask their children about the above symptoms - children and teenagers are more likely than adults to experience these seizures.
(ii) The risk of photosensitive epileptic seizures may be reduced by taking the following precautions:
- Play in a well-lit room
- Do not play when you are drowsy or fatigued
(iii) If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before playing.
7. You agree to indemnify and hold harmless WB, its distributors and affiliates, and each of their respective officers, directors, employees and agents 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, your use of this Site including the resources available through the Site and/or from your placement or transmission of any content onto this Site or through our servers, and/or from any and all uses of your account.
8. CONTACT INFORMATION
For Customer Service regarding the Game(s), Game Software, or this registration process:
General Help: Please email legal@wb.com |