Short Message Service Terms of Service

 

Warner Bros. Online ("WB") provides the short message service updates program and the Text a Friend short message service as free text messaging services (collectively, the "Service"). Please read these terms and conditions prior to using the Service. By using the Service, you agree to be legally bound by these terms and conditions. If you do not agree with these terms, please do not use the Service.

 

Please note that to process your requests for this Service, message recipients (i.e., you and/or friends to who you send messages) may incur a fee, depending on the arrangement the recipient has with his/her mobile phone providers. Please be sure that you have your friends' permission before sending them messages from the Service. A message recipient's cell phone must be capable of receiving text messages. All messages will include a tag line identifying the affiliated motion picture, television program, promotion or Web site.

 

Privacy: WB respects your privacy. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use.  If we in our sole discretion believe that any such information is untrue, inaccurate, not current or incomplete, WB may refuse you access to the Service and pursue any appropriate legal remedies. Please review our Privacy Policy and Terms of Use for further information.  By using the Service, you agree to be legally bound to the terms and conditions of our Privacy Policy and our Terms of Use.

 

Account Termination for Abusers: You may not use the Service to send unsolicited commercial messages ("Spam"). You also may not send any text messages that are, as determined in our sole discretion, obscene, harassing, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, indecent, vulgar, or otherwise injurious or possibly offensive to third parties or objectionable, or in any way illegal, or consisting of or containing software viruses or political campaigning ("Offensive Messages"). WB shall have the right, but not the obligation, to block your use of the Service if you send any Spam or Offensive Messages.

 

If you receive Spam or any Offensive Message sent through the Service, please send an e-mail to privacy@wb.com and be sure to include:

the phone number to which the message was sent;

the e-mail address of the sender (if available); and

a description - or, if available, the text - of the message.

 

YOU UNDERSTAND AND AGREE THAT NEITHER WB, ITS LICENSORS NOR ITS AFFILIATES ARE RESPONSIBLE FOR, OR CAPABLE OF CONTROLLING SENDERS OF MESSAGES, AND WB, ITS LICENSORS AND AFFILIATES ASSUME NO LIABILITY FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONTENT OF ANY USER OF THIS SERVICE.

 

 

Disclaimer: The Service provides a venue for users to communicate with recipients. WB does not control and makes no representation regarding the truth, accuracy, quality, completeness, safety, or legality of the communications of its users. YOU ACCESS AND USE THIS SITE AND ANY OF THE SERVICES OFFERED ON THIS SITE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS,

 

TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, NON-OFFENSIVENESS, OR SYSTEM INTEGRATION. WB DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WB DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SERVICE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of certain implied warranties, so the above exclusions may not apply to you.

 

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WB NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF WB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES, WITHOUT LIMITATION TO DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY; DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (INDIRECT OR CONSEQUENTIAL DAMAGES); AND ANY OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES.