USER REGISTRATION AND CAPACITY
t is also necessary to reside in a country where the Site is available in a legal and legitimate manner. In order to use the Site on certain platforms, it may be necessary for you to have a device with certain technical specifications or characteristics, and that you fulfill certain requirements for the type of subscription you chose.
The requirements to access the Site may be updated by HBO from time to time. If you have any questions as to the requirements in effect at any time, you should review the Frequently Asked Questions available on the Site or contact HBO. (See Section XXII)
You are responsible for the use of your username and password, and it is your responsibility to maintain the confidentiality of your credentials and take measures necessary to prevent the unauthorized use of your credentials by a third party. You should immediately notify HBO of any unauthorized use of your username and/or password.
CONSENT TO ELECTRONIC COMMUNICATIONS:
Your registration and use of the Site serves as your consent to receive electronic communications from or on behalf of HBO regarding your account. You agree that any such communications from or on behalf of HBO will satisfy any legal requirements, such as that notice be provided to you in writing. For more information as to how we communicate with you, please review our Privacy Notice. If you no longer want to receive promotional communications, you may unsubscribe at any time using the link at the bottom of the electronic communication.
LICENSE AND TECHNICAL REQUIREMENTS
Please note that in order to access 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. HBO is not responsible for providing an Internet connection for users and registering for or use of the Site does not imply the provision of any Internet connection or supply of any infrastructure by HBO.
Additionally, the Site 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 Site. Please check the requirements listed in our frequently asked questions (“FAQs”) periodically, as HBO reserves the right to change requirements or cease support of any hardware or software platforms at any time.
HBO may control the maximum number of simultaneous streams per account regardless of the number of devices on which the Site 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. Please refer to the FAQs for further information.
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 Site. Please note that some Content items may only be available for a limited period of time. During the time the Content is available on the Site, you will be able to view the Content as many times as you want, BUT ONCE THE CONTENT IS NO LONGER AVAILABLE AS PART OF THE SITE, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. HBO reserves the right, in its sole discretion, to disable access to any Content at any time.
Please note that not all Content will be available for all purposes. Access to certain Content may depend upon your geographic location and/or subscription and you may not be able to access content from outside the country where you contracted for the Site. You should be sure to read the detailed description available for each piece of Content to determine your 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 Content as a result of your registration or use of the Site. HBO does not make any representations or warranties with respect to the accessibility of any particular Content at any time.
SITE UPDATES AND SOFTWARE
From time to time, HBO may choose to make available updates, bug fixes, or other changes or enhancements to the Site (collectively, "Site Updates"). Site Updates may be:
(a) Automatic, such as in connection with general website changes and additional features or updates required by the Site;
(b) At your election, in which instance you will receive information and instructions for how to authorize optional Site Updates; or
(c) Mandatory, in which case you will be required to consent to the Site Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Site.
Please note that the Site may be unavailable during a Site Update.
VERIFICATION OF COMPLIANCE
CONTENT CLASSIFICATION AND PARENTAL CONTROL
The Site may contain Content that is inappropriate for children and/or adolescents. HBO shall attempt to inform you of the age classification of Content available on the Site; however, you are responsible for reviewing the Content before exposing it to children or adolescents. The Site has implemented a “Parental Control” function that allows you to manage the Content that may be viewed through the Site. This “Parental Control” system is a tool offered without any type of performance guarantee and HBO undertakes no liability with regard to its functionality and provides it without any guarantee or warranty.
If you choose to access any adult or mature Content on the Site, you acknowledge and agree that exposure to visual images and sounds that depict nudity, sexual activity, violence, adult language, or are otherwise graphic in nature, may occur. You agree that use of the Site is at your sole risk and that HBO shall have no liability to you for the type of Content that you access or allow to be accessed. It is your responsibility to ensure that the manner in which you access Content or allow it to be accessed, does not violate applicable laws or regulations.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
The “HBO” and “HBO GO” trademarks are owned and registered by HBO or its affiliates. The Content made available as part of the Site, including, without limitation, the images, audio, information, characters, logos, video clips, movies, series, and any kind of programming is registered and/or owned by HBO or other entities who have licensed such Content to HBO. All Content is protected by copyright law, intellectual property laws and other applicable international standards and/or treaties. You acknowledge that any unauthorized use of the Site, the Content, underlying software, or any portion thereof will constitute a violation of copyright.
Some trademarks, whether or not registered, may be used by HBO for purpose of identification or reference, without implying that HBO claims to be the owner or licensee thereof.
HBO does not authorize your use of any trademark, trade name and/or any material protected by copyright, intellectual property laws, or other applicable international standards and/or treaties, including, without limitation, any logo, name or character without the prior written consent of the owner of the trademark or right.
You are not permitted to link to the Site from any third-party site without the prior written permission of HBO. However, the Site may link you to other sites on the Internet including, without limitation, sites owned or controlled by our distributors. 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 partners) 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.
HBO has the right to use any comments, information, ideas, opinions, advice, concept, or any other material contained in any communication you send to us ("Communications"), including responses to questionnaires or publications, without consideration, acknowledgment or payment of any kind, for any purpose, including developing, manufacturing and marketing products and creating, modifying or improving the Site, in accordance with the rules provided for in our Privacy Notice. You further agree not to assert any "moral rights" to the Communication, to the extent permitted by law.
HBO does not accept unsolicited submissions of content, creative ideas, suggestions, stories, or other potential content and is not responsible for the similarity between programming content of any third party with materials or ideas transmitted by HBO. If you choose to send any unsolicited material or ideas to HBO, you do so with the understanding that you will receive no compensation of any kind and waive any action against HBO and its related companies for the use of such materials and ideas.
HBO is not required to acknowledge receipt of your comments. Contacting HBO will not create a confidential, fiduciary, privileged or special relationship between the user and HBO. HBO does not have, nor will have, any duty or liability, direct or indirect, with respect to any copyright infringement or trademark related claims based on your Communications.
If you believe that any content appearing on 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.
HBO Latin America Group
396 Alhambra Circle, Suite 400
Coral Gables, FL 33134
United States of America
Attn: Legal Department
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 serviceprovider as defined in 17 U.S.C. section 512c or elsewhere in the law.
Please act responsibly when using the Site. You may only use 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 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 Site is unlawful, you will bear the burden of establishing that it is lawful.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL CONTENT, SOFTWARE OR ANY OTHER ASSOCIATED FEATURE OR FUNCTIONALITY OF THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. HBO DOES NOT REPRESENT, CLAIM OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HBO, ITS AFFILIATES AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (INDIVIDUALLY OR JOINTLY) TO YOU FOR ANY PERSONAL INJURY OR ANY LOSS OR DAMAGE (WHETHER ACTUAL, SPECIAL, INDIRECT, REMOTE, OR OTHERWISE RECOGNIZED UNDER APPLICABLE LAW) INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY THE LOSS OF FUNCTIONALITY OF THE SITE; DATA LOSS CAUSED BY A VIRUS, WORM, TROJAN OR OTHER HARMFUL CODE; OR OTHERWISE RESULTING FROM ANY USE OF THE SITE AND/OR THE CONTENT. 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 SITE AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
HBO may provide personal information in response to a legal or administrative process, for example, in answer of a court order or to exercise any rights in the scope of an administrative and/or judicial proceeding. The user agrees to hold HBO harmless and not make a claim against it, for any reason, resulting from the actions taken by HBO during or as a result of an investigation, court order, administrative proceeding, or judicial proceeding.
To the extent that the Site requires the use of infrastructure systems, networks and services of third parties, for example, a mobile telephony or Internet access company, in these cases, the user is solely responsible for contracting the same with its preferred supplier and keeping its account or subscription current.
You can cancel your subscription at any time through your service provider. Please note that you must cancel your subscription before it renews for a subsequent period in order to avoid being charged for the subsequent period. If you cancel your subscription, the cancellation will become effective upon request and is subject to the policies of any billing or other service provider to the extent agreed upon by you.
Any communication sent to HBO with respect to the desire to cancel the subscription to the Site will not be sufficient for the cancellation of such subscription and no action will be taken by HBO with respect to your cancellation. You will need to contact your service provider directly to cancel your subscription.
THIRD PARTY SUBSCRIPTION PROVIDER TERMS
For users located outside of Brazil:
In the event any dispute, claim or controversy arises, HBO and you hereby agree to resolve those disputes through binding arbitration instead of in courts (the “Arbitration Agreement”). 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 Arbitration 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.
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.
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 http://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 you and HBO agree otherwise, any arbitration hearings will take place in English, either (i) in person in Miami-Dade County, Florida, United States of America, 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, 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) of the United States of America).
Notwithstanding the foregoing, disputes enforcing, protecting, or concerning the validity of any of your or HBO's intellectual property rights (or the intellectual property rights of any of HBO's licensors) are not covered by the agreement to arbitrate contained in this section.
For users located in Brazil:
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, war, national emergency, Governmental action, or other cause beyond HBO’s control.
HOW TO CONTACT US?