Welcome to HBO Max! We hope you enjoy our platform, with its unique personalization features, and the variety of high-quality content for everyone in the family, including all of the HBO service together with a collection of even more movies, shows, and new Max Originals.
If any provision of these Terms is determined by a court to be unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
1. ABOUT THESE TERMS
2. SETTING UP YOUR HBO MAX ACCOUNT AND SUBSCRIPTION
2.1. WHO CAN SUBSCRIBE TO THE PLATFORM:
You must meet the following criteria (the “Eligibility Criteria”) to subscribe to the Platform: (a) reside within (a) one of the fifty (50) states of the United States of America (“U.S.”), the District of Columbia, or certain U.S. territories as set forth in Section 5.8 (the "U.S. Service Area") or (b) one of the countries of Latin America and the Caribbean offering access to the Platform as set forth in Section 5.8 (the "LATAM Service Area" and, collectively with the U.S. Service Area, the “Service Area”); and (b) be at least 18 years old, or the legal age of majority in your state or territory. If you are below this age, you may use the Platform only as an Authorized User of a parent or legal guardian’s HBO Max Account.
2.2. CREATING YOUR HBO MAX ACCOUNT AND PURCHASING A SUBSCRIPTION:
Steps to Create an HBO MAX Account
To create your HBO MAX account (an “HBO Max Account”), you must have an active subscription (the “Subscription”) with us or with a third party that has been authorized to provide Subscriptions to the Platform (each, a “Subscription Provider”). If you purchase your Subscription directly from us, you will create your HBO Max Account at the same time you make your initial purchase. If you purchase your Subscription through a Subscription Provider other than us, you may need to take additional steps to set up your HBO Max Account, including leaving your Subscription Provider’s platform to confirm your information directly with us.
Your Subscription will be automatically validated each time you sign in to the Platform. However, you will have to link your Subscription to your HBO Max Account if you enter into a new Subscription with a different Subscription Provider.
Subscription with WM
You may access the Platform by purchasing a Subscription through WM directly. In order to purchase a Subscription through us, you must create an HBO Max Account and provide us with a valid payment method (a “Payment Method”). Either we or our authorized vendor(s) (the “Payment Service”) will process the Payment Method. You should direct any payment questions to HBO Max Customer Support. By providing a Payment Method to us, you agree that we or our Payment Service are authorized to periodically charge the applicable Subscription fee plus any applicable taxes and service fees (the “Subscription Fee”) on a recurring basis until you duly cancel your Subscription. You may edit your Payment Method by signing into your HBO Max Account and viewing your Subscription details. We or our Payment Service will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not update your Payment Method or duly cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If a valid Payment Method is not activated on your HBO Max Account when a payment becomes due, we may suspend or cancel your Subscription.
Subscription with Subscription Provider other than WM
If you purchase a Subscription through a Subscription Provider other than WM, your Subscription Provider, not WM, will process your Payment Method and give you further details on how to sign in or create your HBO Max Account. If you have questions about payments through your Subscription Provider, please contact your Subscription Provider directly.
Multiple Subscription Offerings and Plan Switching
We may offer multiple Subscription plans to access the Platform. The pricing and offers for Subscriptions to the Platform may vary by Service Area (or within a Service Area) and we may change them over time without notice (except as may be required by applicable law). Each Subscription plan may offer different Content availability, functionality, device compatibility or have certain conditions or limitations, which will be disclosed during your sign-up or in other materials describing the Subscription plan.
Within each Service Area, and subject to availability with your Subscription Provider, you may be able to change your Subscription from one plan to another. Additional terms applicable to the switching of a Subscription plan (such as the applicable charges and changes to billing dates) will be provided when you select the "Switch Plans" option in your Account settings on the Platform within your Service Area.
Once you create an HBO Max Account, you will have the option to add up to five (5) authorized user profiles to your HBO Max Account (the “Authorized Users”). We may limit the maximum number of Authorized Users you can add or that can simultaneously use the Platform. Authorized Users are limited to members of your immediate family or household.
If you are a parent or legal guardian and would like to make your minor child an Authorized User you can create a profile for that minor child (“Kid’s Profile”), where you will be required to create a “PIN” and set “Parental Controls” in order to help control what Content each Authorized User of a Kid’s Profile is allowed to view on the Platform. You are responsible for monitoring whether your minor child uses the Kid’s Profile. Please review the Parental Controls information in Section 3.3 below to learn how to customize the Content on your HBO Max Account for each Kid’s Profile. By adding a Kid's Profile, you represent and warrant that you are the parent or legal guardian of each minor child affiliated with the Kid's Profile and that you have the authority to consent to this Agreement, for yourself and each Authorized User, including any Authorized User who is a minor child.
Your HBO Max Account will function as the “master account” for all Authorized Users. EACH AUTHORIZED USER’S VIEWING ACTIVITY MAY BE ACCESSIBLE TO YOU AS THE HBO MAX ACCOUNT HOLDER, INCLUDING STREAMS BY TITLE, PARENTAL CONTROLS, AND ANY CHANGES TO THE AUTHORIZED USER SETTINGS. IT IS YOUR RESPONSIBILITY TO INFORM EACH AUTHORIZED USER OF THIS FEATURE.
You are responsible for all activity by each Authorized User and for any other activity under your HBO Max Account, including the devices that are used to access the Platform. You are solely responsible for maintaining the confidentiality of your HBO Max Account email, password and Parental Control PIN. In addition, to prevent unauthorized access to your HBO Max Account or the Platform, you and each Authorized User must maintain control over the devices used to access the Platform, not permit any unauthorized user to access your HBO Max Account, and not reveal your email and password or Payment Method to anyone.
2.3. FREE TRIALS, STUDENT DISCOUNT, AND PROMOTIONAL OFFERS:
The Platform may be made available to you on a free trial basis for a limited time (“Trial Subscription”). The duration of each Trial Subscription will be specified at sign-up. Trial Subscriptions are limited to new Platform subscribers, unless otherwise specified. Your status as a new subscriber to the Platform will be determined by your Subscription Provider. These Terms apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide a valid Payment Method in order to use the Platform during the Trial Subscription period. Your Payment Method will not be charged during the Trial Subscription period.
UNLESS YOU DULY TIMELY CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE RENEWAL DATE, UPON THE EXPIRATION OF YOUR TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR THE PLATFORM WILL BE CHARGED TO YOUR PAYMENT METHOD.
If we offer you a Trial Subscription or other promotional pricing for a Subscription in your Service Area, the specific terms of the offer will be disclosed during your sign-up or in other materials describing the offer. In each case, after your Trial Subscription or promotional pricing period ends, the Payment Service will begin billing your Payment Method for your Subscription at the regular Subscription Fee unless you cancel before the offer period ends. We will not notify you that your Trial Subscription or promotional pricing offer is about to end unless we are required to do so by applicable law.
To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please visit the “Subscription” screen in your profile on the Platform for the latest information contained in our records or contact your Subscription Provider directly.
In territories where available, the HBO Max student discount allows you to enjoy the Platform at the reduced price specified in our Help Center at https://help.hbomax.com/. WM may discontinue the student discount, or change the terms of a discount, at any time.
The student discount can only be applied to subscriptions billed through WM, not any other Subscription Provider. To receive the student discount, you must (1) as of the launch of the Platform in the U.S. Service Area be enrolled in a student discount via the HBO standalone streaming service, (2) sign in to the Platform with your existing credentials and choose to access all of HBO Max, (3) continue to be a student enrolled at a qualifying, accredited college or university located within the U.S. Service Area, (4) provide proof of your student status, and (5) meet all other Eligibility Criteria.
We will continue to verify your eligibility for the student discount on an ongoing basis. If we cannot confirm your status as a student, we may ask you to provide proof of your school enrollment. We reserve the right to determine the validity of this proof and your eligibility to receive the student discount.
Your student discount is for your individual use only. You may not transfer or assign your student discount to anyone else.
In the event of a new/subsequent discount or promotional offering after you sign-up for the Platform, no refunds, adjustments or price protection will be applied to your Subscription Fee. 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.
You agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means.
2.4. PAYMENT AND BILLING:
By creating an account with a Subscription Provider and providing the Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a Subscription Fee. Subject to Section 2.3 (“Free Trials, Student Discount, and Promotional Offers”), the Subscription Provider will charge the first Subscription Fee to your Payment Method on the date the Subscription Provider confirms your Subscription purchase. After that, the Subscription Fee will be charged to your Payment Method by your Subscription Provider on a recurring basis according to your designated billing cycle.
The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing basis unless you cancel your Subscription. Please note that the length of your billing cycle will vary based upon the type of Subscription you choose when you subscribe to the Platform. Note that the timing of your billing may change in the event of a problem with your Payment Method, such as an expired credit card or in the event you change your Subscription plan. You can go to the Subscription tab on the "My Account" page to see your next billing date.
Subscription Price Changes
Your Subscription Provider may change the price for a Subscription to the Platform and will communicate any price changes to you in accordance with applicable law.
Updating Payment Method
If your Subscription is directly with WM, you can update your Payment Method by going to your profile and choosing “Subscription” within your HBO Max Account on the Platform. If your Subscription is with a Subscription Provider other than WM, you may update your Payment Method by accessing your account with that Subscription Provider. 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. If you are outside of your Home Country and would like to update your Payment Method, your alternative Payment Method must be a valid form of payment from within your Home Country.
You are responsible for all charges incurred in connection with your Subscription.
In the event your Payment Method is unable to cover the Subscription Fee, your Subscription Provider may suspend your access to the Platform until you update your Payment Method and pay your Subscription Fee.
We may retry or permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also may pursue or permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your Subscription. Except as specified in Section 5.4 (Dispute Resolution), you will remain liable for all amounts and all costs incurred to collect these amounts, such as bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration costs.
Your Right to Cancel
UNLESS REQUIRED BY APPLICABLE LAW, REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. A Subscription Provider may choose to offer refunds, discounts or other consideration as a discretionary accommodation. However, each circumstance is unique and a Subscription Provider’s election to make such an offer in one instance does not create the obligation to do so in another.
3. YOUR USE OF THE PLATFORM
3.1 SYSTEM AND COMPATIBILITY REQUIREMENTS:
To use the Platform, you will need to use a computer, mobile device, streaming media player, or other device that meets the Platform’s system and compatibility requirements (which we may update from time to time). Features and functionalities that we make available through the Platform may differ by device. Please check the requirements periodically, as we may change or stop support of any hardware or software platforms at any time. In order to access the Platform, you need a high-speed internet connection for your compatible device. You are responsible for any costs associated with your internet service. Your use of the Platform may count toward your data usage, depending on the terms of your agreement with your internet service provider. From time to time the Platform may be unavailable for any reason, including, without limitation: (i) equipment malfunctions; (ii) our periodic maintenance procedures or repairs; or (iii) causes beyond the control of WM or which we cannot reasonably foresee.
3.2. CONTENT LIMITATIONS AND DOWNLOADS:
Content on the Platform can be accessed only within the countries in the Service Area where we offer the Platform. The particular country or territory where you create your HBO Max Account is known as your "Home Country". Restrictions may be enforced according to the location from which you are accessing the Platform, and we may use different technologies and methods to verify when you are within or outside of your Home Country. When you are accessing the Platform outside of your Home Country, the Content, Content Ratings, as well as other features and functionality of the Platform, may shift based on your location within the Service Area.
The Content available to you may vary based upon your Subscription. In addition, the periods during which you can view each piece of Content will vary based on the rights available for each piece of Content and the terms of your Subscription.
Some Content 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. However, these windows may vary, so you should pay close attention to the description provided with the Content. During the 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 ENDS, YOU WILL NO LONGER BE ABLE TO ACCESS THAT CONTENT. It is your responsibility to monitor the access window for each piece of Content. WM may disable access to any Content at any time, with or without notice, and regardless of the posted access windows or programming schedules.
WM uses various technologies to provide you with an optimal viewing experience. That said, the viewing quality of Content, including resolution and the time it takes to begin playing Content, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD, Ultra HD and 4K Ultra HD availability, if and as applicable, for certain Content depends on your Subscription plan, internet service and device capabilities. Not all Subscription plans allow you to access Content in all formats and not all Content is available in all formats.
Additionally, not all Content will be available to all users across all compatible devices. Access to certain Content may depend upon your geographic location (e.g., you will not be able to access Content outside the Service Area), whether you are able to maintain an internet connection, or sufficient bandwidth and the equipment used to access the Platform. Read the detailed description of each piece of Content to determine options for viewing that Content. While we do our best to keep the Content descriptions up-to-date, we do not guarantee that these descriptions will always be complete, current, or accurate. We also do not guarantee the accessibility of any particular Content at any time.
Live Sports Content Availability and Blackouts
Live Sports is only available in certain countries within the LATAM Service Area and may be subject to blackouts. For instance, if you are in a city or region that is the same as a team that is playing in a game, then the game may be blacked out for viewing as part of your Subscription. Blackouts will be applied based upon the city or region in which you are trying to access the Platform and we may use different technologies and methods to verify your location at the time of access to the Live Sports Content.
We may control the maximum number of simultaneous streams per HBO Max Account regardless of the number of your devices that can access the Platform. We may change the maximum number of simultaneous streams and/or impose limits on the number of devices that you may use at any time. The number of simultaneous streams may vary by Service Area and Subscription plan.
Certain Content on the Platform may be available for temporary download on certain supported devices and on certain Subscription plans, in order to allow you to view that Content offline when you do not have a network connection (“Downloadable Content”). To download Content, make sure you have a network connection and sign in to the Platform on your phone or tablet. Choose an episode or movie that you want to download and tap the “Download” icon. WM may control the amount of Downloadable Content permissible for each HBO Max Account (across all Authorized Users and devices) within each Service Area, and the expiration rules for each piece of Downloadable Content. The Platform will provide you with information specifying the Content download limits and the expiration rules for each piece of Downloadable Content. Once expired you may be able to renew Downloadable Content while in your Home Country. You may not be able to view certain Downloadable Content that you download while in your Home Country when you are outside of your Home Country even though you are within a Service Area.
3.3. CONTENT RATINGS/PARENTAL CONTROLS:
THE PLATFORM OFFERS CONTENT THAT MAY NOT BE APPROPRIATE FOR ALL AGES OR VIEWERS. CONTENT TYPES, GENRES, CATEGORIES, AND DESCRIPTIONS ARE PROVIDED AS SUGGESTIONS TO HELP WITH NAVIGATION. YOU MIGHT DISAGREE WITH HOW PARTICULAR CONTENT IS RATED, SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN STRONG OR PROFANE LANGUAGE, VIOLENCE, ALCOHOL, TOBACCO, DRUG OR SUBSTANCE ABUSE, NUDITY, SEXUAL CONTENT, MATURE THEMES AND/OR MATURE CONTENT INTENDED ONLY FOR ADULTS OR THOSE UNDER SUPERVISION OF ADULTS. Content tends to elicit varying reactions among different people. As is true for many websites and content platforms, you may come across Content that you find objectionable or that you believe may be inappropriate for certain members of your family. By accessing the Content you acknowledge and accept these risks.
You Control What Content You and Your Family Can Access
The Platform allows you to customize your settings to control what Content you and your family are able to access. If you want to restrict Content, you may create and manage a Kid's Profile. You can set “Parental Controls” when setting up each Kid Profile for the first time and you may change parental control settings by going to the “Manage Profiles” section of the Platform and entering your PIN to edit the selections. This will enable you to establish and manage Parental Control settings for each Kid’s Profile linked to your HBO Max Account. Parental Controls allow you to set a maximum movie and television rating for each Kid’s Profile, 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.
We do not guarantee that any movie or television ratings are accurate. The Parental Controls may not always be effective in restricting all Content that you or any Authorized User may consider objectionable, including if you disagree with the Content rating or age classification, if changes made to Parental Controls are delayed or do not take effective immediately, if an Authorized User of a Kid’s Profile is allowed to access or view Content from another Authorized User with no or different Parental Control settings, or if they have access to the PIN to change the Parental Control settings.
If you choose to access or view, or allow an Authorized User to access or view, any general audience, adult or mature Content on the Platform, you acknowledge that you or they may be exposed to Content that may include nudity, sexual activity, violence, adult language, alcohol, tobacco, drug, or substance use, or are otherwise graphic in nature. You are solely responsible for monitoring and supervising all use of your HBO Max Account, including those of each Authorized User.
3.4. ADVERTISEMENTS ON THE PLATFORM:
Certain Content within the Platform may be ad-supported and that Content may change from time to time. As of the Effective Date of these Terms, Content on the HBO service and certain other Content, does not contain advertising, but that may change at any time and without notice to you. Please navigate to our Help Center at https://help.hbomax.com/ for additional information on advertising supported Content. WM does not endorse any third-party advertiser, product or service featured on the Platform nor does WM take any responsibility for any such third-party advertiser, product or service. Any interactions you may have with an advertiser as a result of using the Platform will be between you and such advertiser. If you engage in any transaction with an advertiser featured on the Platform, including providing that advertiser with any personal Information, you agree that WM is not responsible for such transaction or provision of personal information and you further agree that WM is not liable for any claim or loss that may result from your engagement with any advertiser.
3.5 SERVICE UPDATES AND SOFTWARE:
At various times, WM may choose to make available updates, bug fixes, or other changes or enhancements to the Platform (collectively, “Service Updates”). By subscribing to the Platform, you consent to receive all Service Updates without further notice. Service Updates may be:
(a) Automatic, such as in connection with general website changes and additional features or updates to data required by the Platform;
(b) At your election, in which case you will receive information and instructions for how to authorize optional Service Updates; or
(c) Mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in to maintain access to the Platform.
Please note that the Platform may be unavailable during a Service Update.
3.6. SUSPENSION AND TERMINATION:
Any Subscription Provider may disable, suspend or terminate your Subscription and access to the Platform and/or your HBO Max Account immediately for any reason or for no reason whatsoever, including if any Subscription Provider reasonably determines that you have provided inaccurate account or payment details, you no longer meet the Eligibility Criteria or you are otherwise in violation of these Terms. If this occurs, you must stop using the Platform. If we disable your Subscription and/or access to all or any part of the Platform, you agree not to create another HBO Max Account or try to access the Platform without our permission.
3.7. CUSTOMER SERVICE:
If you are within the U.S. Service Area and are unable to resolve your question by visiting our Help Center at https://help.hbomax.com/ or if you have reason to believe that your HBO Max Account credentials have been compromised or misappropriated in some way, please contact HBO Max Customer Support at 1-855-442-6629 or send us an email at email@example.com.
If you are within the LATAM Service Area and are unable to resolve your question by visiting Help Center at https://help.hbomax.com/ or if you have reason to believe that your HBO Max Account credentials have been compromised or misappropriated in some way, please contact HBO Max Customer Support at 1-800-796-1616 or send us an email at firstname.lastname@example.org (Spanish), email@example.com (Portuguese), or firstname.lastname@example.org (English - Caribbean).
(b) For Customer Service matters related to your Subscription through a Subscription Provider other than WM (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, please contact:
In the U.S. Service Area
30 Hudson Yards
New York, NY 10001
In the LATAM Service Area
WarnerMedia Direct Latin America, LLC
30 Hudson Yards
New York, NY 10001
3.8. FEEDBACK, SUBMISSIONS, PHOTO UPLOAD AND POSTINGS:
Portions of the Platform may invite you to provide us with feedback, comments or other information (“Feedback”). We welcome your Feedback, as it helps us to make the Platform an even better product for you and all of our subscribers. By submitting Feedback, you agree that we are free to use the Feedback to improve the Platform or for any other purpose permitted by applicable law.
WM does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of a future misunderstanding when projects developed by WM 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 WM any unsolicited submissions. If you do, please be aware that no material you send to us will be treated as confidential.
Photo Upload and Postings
If the Platform provides you or other users an opportunity to upload photos, ratings, videos or post and exchange information, content, ideas and opinions (collectively, “Postings”), be advised that WM shall have the right, but not the obligation, to screen and monitor Postings and may decide to remove or edit any Postings, which we consider to be offensive or otherwise in breach of these Terms, prior to their appearance on the Platform or elsewhere. A Parental Control PIN may be required for Postings to a Kid's Profile. Postings do not reflect the views of WM and WM disclaims all responsibility and liability arising from the Postings.
You represent that (i) you have all necessary rights in all Postings you provide and all material, content and information they contain and that your Postings shall not violate or infringe upon any proprietary right, intellectual property right or other rights of third parties; and (ii) you will not upload or post any nudity, obscene materials, hate speech, or other objectionable, offensive, illegal, or otherwise harmful materials to the Platform.
3.9. OUR COMMUNICATIONS TO YOU:
By using the Platform you agree that we and our Subscription Providers can send you emails, text messages, in app notifications, push notifications or other electronic communications about your account. You also consent to receive electronic promotional messages, offers, surveys, and other materials. You understand that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Agreeing to receive these promotional texts is not a condition of purchasing any goods or services. If at any time you no longer want to receive promotional communications, you can opt out by either:
- Unsubscribing by clicking on the link at the bottom of the electronic communication;
- For text messages, by responding STOP; or
- Signing into the Platform and updating your “Notifications” preferences in “Settings”. Changes made to your Notifications settings may not take effect immediately, and there could be a delay before your new settings become effective.
4. COPYRIGHTS AND TRADEMARKS
4.1. COPYRIGHTS AND TRADEMARKS:
The Platform, and all materials incorporated into the Platform are protected by copyrights, patents, trademarks, trade secrets or other legal rights. The copyright holders have licensed this Content for private use only and not for public or commercial exhibition. This means that you may not (i) show any Content to any public audience or view it in a public location; or (ii) attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology for the Content. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. laws.
Some of the characters, logos or other images on the Platform are also protected as our registered or unregistered trademarks, trade names and/or service marks (“Trademarks”). All other trademarks are the property of their respective owners. Use of our Trademarks of anyone else’s is not authorized other than as incorporated into the Platform.
We may gather data on Platform usage and other information to ensure that the Platform is being used in accordance with these Terms. You agree not to block this transmission of data. If you do so, it will be considered a violation of these Terms and may result in immediate termination of your Subscription.
4.2. COPYRIGHT NOTICE:
If you believe that any content appearing on any part of the Platform has been copied in a way that constitutes copyright infringement under the laws of the United States or the countries within the LATAM Service Area, 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.
For the U.S. Service Area
WarnerMedia Direct, LLC
30 Hudson Yards
New York, NY 10001
Attn: Legal Department/Copyright Agent
For the LATAM Service Area
WarnerMedia Direct Latin America, LLC
30 Hudson Yards
New York, NY 10001
Attn: Legal Department/Copyright Agent
Please note that while WM seeks to preserve all exemptions from liability that may be available under the copyright law, this is not a stipulation that WM is a service provider as defined in 17 U.S.C. section 512c or elsewhere in the law.
4.3. RESTRICTIONS ON USE OF THE PLATFORM:
Please be aware that it is copyright infringement to make an unauthorized copy of any element or any portion of the Platform, including the Content, or underlying software.
You are only authorized to access and display Content on the Platform for your non-commercial, personal, entertainment use on compatible devices while your Subscription remains active and in good standing and only as permitted in these Terms. 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 Platform, or attempt to interfere with the operation of the Platform;
- use any data mining, robots, virus, worms, bugs, or other data gathering and extraction tools on the Platform, or frame any portion of the Platform, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Platform;
- use the Content files or other elements of the Platform to construct any kind of database;
- reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate, in whole or in part, the Platform or any Content, or attempt, or encourage or assist any other person, to take any of the above action; or
- circumvent, disable, or otherwise tamper with any security technology protecting any Content, system resources, accounts or any other part of the Platform, or to attempt or assist another person to do so. It is prohibited to use or distribute tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools).
If WM authorizes you to copy any part of the Platform, this authorization is limited to viewing a single copy for non-commercial, personal, entertainment use only, and requires you to keep intact all copyright, trademark and other proprietary notices. Using any material on any other service or networked computer environment is prohibited.
5. ADDITIONAL LEGAL TERMS
To the extent permitted by applicable law, the following additional legal terms shall apply:
5.1. DISCLAIMER OF WARRANTIES:
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTENT AVAILABILITY AND VIEWING QUALITY, AND NON-INFRINGEMENT. WM DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, WM AND ITS SUBSCRIPTION PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OR MISUSE OF YOUR HBO MAX ACCOUNT.
5.2. LIMITATION OF LIABILITY AND TIME LIMITATION FOR CLAIMS:
Limitation of Liability
YOU AGREE THAT WM AND ITS PARENT, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM (COLLECTIVELY, THE “RELEASED MATTERS”). THE RELEASED PARTIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU, SOLELY FOR THE HBO MAX PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THIS AGREEMENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF THE PLATFORM.
Time Limitations for Claims
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE PLATFORM OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WM ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.
You agree to indemnify and hold harmless WM, the Subscription Provider(s), and their respective parents, subsidiaries, affiliates, partners, agents, and licensors and the officers, directors, employees, members and shareholders of all of the foregoing (collectively, the “Indemnified Parties”), from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney fees, resulting from your actual or alleged breach of these Terms.
You will cooperate as fully and as reasonably required in WM’s defense of any claim. WM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without WM’s written consent.
5.4. DISPUTE RESOLUTION:
Our customer service department can resolve most customer concerns quickly and to the customer's satisfaction. Please contact HBO Max Customer Support as follows: In the U.S. Service Area at 1-855-442-6629 or by email at email@example.com and in the LATAM Service Area at 1-800-796-1616 or by email at firstname.lastname@example.org (Spanish), email@example.com (Portuguese), or firstname.lastname@example.org (English - Caribbean). In the unlikely event that you're not satisfied with customer service's solution (or if WM has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes 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. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.
For subscribers located in Brazil:
This Section 5.4 shall be written and interpreted under Brazilian law. In the event of any dispute, claim, or controversy, you and WM hereby agree to resolve those disputes, amicably. Accordingly, you must first send an e-mail to us describing in detail any such dispute, claim, or controversy between you and WM ("Notice"). The Notice should be sent to the email address email@example.com. The Notice must (i) describe the nature and basis of your claim or dispute, and (ii) describe your specific request for resolution. If you and WM do not reach an agreement to resolve the dispute within 30 days after receipt of notification by WM, you can then initiate legal proceedings on the matters raised in the Notice.
(a) Claims Subject to Arbitration: WM 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 agreement to arbitrate 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;
claims that may arise after the termination of this Agreement.
References to “WM,” “you,” and “us” in this Arbitration Agreement include our respective parents, subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of Content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including AT&T and its affiliates); and all authorized or unauthorized users or beneficiaries of the Platform under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and 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. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we 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.
(b) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to WM should be sent by certified mail to: WarnerMedia Entertainment General Counsel, 30 Hudson Yards, New York, NY 10001 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at:
(c) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court 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, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, 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 an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to 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. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.
(d) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.
(e) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:
pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater;
pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorneys' fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.
The right to the attorney premium supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys' fees or costs. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.
(f) Requirement of Individual Arbitration: 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. 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 that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.
(g) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
5.6. HYPERLINKS TO AND FROM THIRD PARTY SITES:
The Platform may link you to other sites on the internet including, without limitation, sites owned or controlled by WM or by our Subscription Providers. These other sites are not under the control of WM, and you acknowledge that (whether or not these sites are affiliated in any way with WM or its Subscription Providers) WM is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of these sites.
5.7. THIRD PARTY SUBSCRIPTION PROVIDER TERMS:
5.8. USE IN SERVICE AREA ONLY:
The WarnerMedia entity that provides you access to the Platform varies by Service Area as follows:
WarnerMedia Direct, LLC
U.S. Service Area includes the fifty (50) states of the United States of America ("U.S."), the District of Columbia and the following U.S. territories: American Samoa, Guam, Puerto Rico, The Northern Mariana Islands, and the U.S. Virgin Islands.
U.S. Service Area Contact Information:
WarnerMedia Direct, LLC
30 Hudson Yards
New York, NY 10001
WarnerMedia Direct Latin America, LLC
LATAM Service Area includes Anguilla, Antigua and Barbuda, Argentina, Aruba, Bahamas, Barbados, Belize, Bolivia, Brazil, British Virgin Islands, Cayman Islands, Chile, Colombia, Costa Rica, Curaçao, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Montserrat, Nicaragua, Panama, Paraguay, Peru, St. Kitts and Nevis, St. Lucia, St. Vincent and The Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos, Uruguay, Venezuela.
LATAM Service Area Contact Information:
WarnerMedia Direct Latin America, LLC
30 Hudson Yards
New York, NY 10001
5.9. GOVERNING LAW AND VENUE:
These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. A dispute that is not subject to arbitration under Section 5.4 (Dispute Resolution) of these Terms 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.
5.10. FORCE MAJEURE:
WM shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms 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, public health emergency, epidemic, pandemic or national emergency, Governmental action, or other cause beyond our control.
5.11. EXPORT CONTROLS; OFAC COMPLIANCE:
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 limiting the generality of the foregoing, the software and other relevant elements of the Platform may not be exported or re-exported into any U.S. embargoed countries or to any countries prohibited by U.S. laws, rules or regulations.
By accessing the Platform, you confirm that you are not subject to sanctions imposed by the U.S. and you are not considered by the Office of Foreign Assets Control (OFAC) to be a specially designated national.
5.12 WHAT HAPPENS IF WE CHANGE THESE TERMS:
We reserve the right to modify these Terms or change any part of the Platform at any time. We will communicate material changes to these Terms by making the revised Terms available for your review on the Platform. If you access the Platform through a mobile device, we may also communicate changes through updated versions of the Platform software. The date that these Terms were last modified can be found at the end of these Terms. The modified Terms will become effective and govern your use of the Platform upon the date and time they are posted to the Platform.
If any change materially limits the availability of the Platform, then in addition to posting the revised Terms on the Platform, we intend to communicate this limitation by sending an email to the address associated with your HBO Max Account. So, it is important that you keep your HBO Max Account information up to date.
By continuing to use the Platform after any revised Terms come into effect and, in the case of any Subscription, your decision not to cancel your Subscription before it renews or within any relevant notice period, means you agree to be bound to the changes.
5.13. ADDITIONAL TERMS AND CONDITIONS:
You may have to accept additional terms and conditions in order to use certain features offered through the Platform. If there is a conflict or inconsistency between those additional terms and these Terms, those additional terms will prevail solely with respect to your use of the particular feature to which they apply.
This Agreement is the entire agreement between you and WM with respect to this subject matter and supersede all prior or contemporaneous written or oral agreements between you and us with respect to this subject matter. These Terms may not be amended, nor any obligation waived, without our written authorization.
Last updated: May 27th, 2021