Visitor Agreement

(Last Updated April 2022)

Welcome to the corporate website for Warner Bros. Discovery, Inc.

Access to and use of this website, including any content and functionality, is provided by Warner Bros. Discovery, Inc. and/or its subsidiary and affiliated entities (“WBD,” “us” or “we”) subject to the following Visitor Agreement.

Please read this Visitor Agreement carefully. It contains important information regarding your legal rights including mandatory arbitration, no class relief, disclaimer of warranties and limitation of liability, indemnity to us, and waiver of your right to a jury trial.  Please take a few minutes to review the section here.

This Visitor Agreement applies to the websites, applications, and services where it is posted (“sites”).  By using the sites, you agree to abide by the terms of this Visitor Agreement.

Additional or different terms and conditions may apply to other websites, applications, and services offered by WBD and/or its subsidiaries and affiliates.  Such terms and conditions may be found at the place where the relevant website, application or service is offered.  Please consult each such terms and conditions for details.

We may change the terms of this Visitor Agreement from time to time. By continuing to use the sites after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the sites, or any portion of the sites, at any time.

Privacy Notice:  WBD respects the privacy of our users. Please take a few minutes to review our WBD Corporate Privacy Notice. 

The material that appears on the sites is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time.  We invite you to bring to our attention any material you believe to be factually inaccurate by contacting our Fan Relations department.  Before you act on information you’ve found on the sites, you should confirm any facts that are important to your decision. WBD and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the sites. WBD is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by WBD or its licensors.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to WBD’s Designated Agent. The Name and Address of Agent Designated to Receive Notification of Claimed Infringement: Warner Bros Discovery, Inc. , 8403 Colesville Road, Silver Spring, MD 20910; 240.662.0000 (telephone); or DMCA_notices@discovery.com (e-mail).

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS

WBD wants to encourage an open exchange of information and ideas through the sites. But we cannot and do not review every posting made on WBD’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than WBD. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on WBD’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the sites lies with each user – you alone are responsible for material you post. WBD does not control the messages, information or other content that you or others may provide through the sites. You may use the sites for lawful purposes only.

By using the sites, you agree not to submit, post or transmit through the sites any material or otherwise engage in any conduct that:

 Although WBD cannot monitor all content on WBD’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that WBD shall have the right, but not the obligation, to monitor the content of the sites to determine compliance with this Visitor Agreement and any other operating rules that may be established by WBD from time to time. WBD shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, submitted to or posted on the sites for any reason, including violation of this Visitor’s Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and submissions. You acknowledge and agree that neither WBD nor any of its affiliates shall assume or have any liability for any action or inaction by WBD with respect to any conduct within the sites or any communication or posting on the sites. WBD also reserves the right to disclose any information that WBD believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

WBD requires you not to use the sites to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the sites, you are warranting and representing that you own or have the right to post or make such submission of the material or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

USE OF MATERIALS

Any material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of WBD and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on WBD’s community and social media sites, you are granting to WBD, and to anyone authorized by WBD, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on WBD’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant WBD, and anyone authorized by WBD, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as WBD deems appropriate.

The materials available through the sites are the property of WBD or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves on the sites and to tell them how to find it.

LINKING

We welcome links to the sites. You are usually free to establish a hypertext link to any of the sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the sites or by WBD. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the sites.

NO SOLICITING OR SPAMMING

You agree not to use the sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.

NO FRAMING

Without the prior written permission of WBD, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the sites, or incorporate any intellectual property of the sites, WBD or any of their licensors into another sites or other service.

TRADEMARKS

We do not want anyone to be confused as to which materials and services are provided by WBD and which are not. You may not use any trademark or service mark appearing on the sites without the prior written consent of the owner of the mark.

USER ACCOUNTS, REGISTRATION AND SECURITY

By using the sites, you warrant that you have legal capacity to enter into the agreement set out in this Visitor Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

To obtain access to certain services on the sites, you may be given an opportunity to register with the sites. As part of any such registration process, you will select a username and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a username of another person with the intention of impersonating that person; (ii) use a username of anyone else without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that WBD considers to be offensive. WBD reserves the right to reject or terminate any username or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify WBD of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify WBD immediately. WBD reserves the right to access and disclose any information including, without limitation, usernames of accounts and other information to comply with applicable laws and lawful government requests. Please inform WBD if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our Fan Relations department.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and WBD agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Visitor Agreement, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the sites, (ii) any purchases or other transactions or relationships with WBD, or (iii) any data or information you may provide to WBD or that WBD may gather in connection with such use, interaction or transaction (collectively, “WBD Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the sites or engaging in any other WBD Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the sites, you agree that any complaint, dispute, or disagreement you may have against WBD, and any claim that WBD may have against you, arising out of, relating to, or connected in any way with this Visitor Agreement, our Privacy Notice, or any WBD Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at  www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, WBD agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You further agree that:

Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Visitor Agreement and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of this Visitor Agreement is void or voidable;

Location of ArbitrationThe Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and WBD; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;

Governing LawThe Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

No Class Relief. The Arbitration can resolve only your and/or WBD’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

Written AwardThe Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

Arbitration CostsIn the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, WBD will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

Reasonable Attorney’s FeesIn the event you recover an Award greater than WBD’s last written settlement offer, the Arbitrator shall also have the right to include in the Award WBD’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but WBD shall in all events bear its own attorneys’ fees;

Interpretation and Enforcement of Arbitration ClauseWith the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor WBD shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;

Modification of Arbitration Clause with NoticeWBD may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after WBD has given notice of such modifications and only on a prospective basis for claims arising from WBD Transactions and Relationships occurring after the effective date of such notification; and

Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.  Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against WBD in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We work hard to make the sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the sites.

YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY DISCOVERY SITE OR ANY MATERIAL AVAILABLE THROUGH THE DISCOVERY SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITES.

THE SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE SITES, WARNER BROS DISCOVERY INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITES, NOR DO THEY GUARANTEE THAT THE SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE SITES, WARNER BROS DISCOVERY INC OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE SITES, WARNER BROS DISCOVERY INC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE SITES, WARNER BROS DISCOVERY INC AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO WARNER BROS DISCOVERY INC FOR THE USE OF THE SITES.

INDEMNITY

You agree to indemnify, defend and hold harmless Warner Bros Discovery, Inc., its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any WBD Site using your account.

GEOGRAPHIC RESTRICTIONS & LOCAL REGULATIONS

WBD is based in the state of New York in the United States. WBD makes no claims that the sites or any of the content on the sites is accessible, appropriate or available for use outside of the United States.  Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and at your own risk and are responsible for compliance 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 the United States or the country you reside in.

CHOICE OF LAW

This Agreement has been made in and shall be construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles. 

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

CHOICE OF FORUM

By using the sites, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in New York.

SEVERABILITY

In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.

SURVIVAL

Any provision herein which by its nature contemplates your continued observance following termination of this Visitor Agreement will survive termination of this Visitor Agreement.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SITES.

Last updated April 2022.