PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE WARNER BROS. DIGITAL COPY SERVICE, WARNERBROS.COM PRIVACY POLICY, AND WARNERBROS.COM TERMS OF USE (COLLECTIVELY, THE “AGREEMENT”) BEFORE USING THE WARNER BROS. DIGITAL COPY SERVICE. IF YOU USE THE WARNER BROS. DIGITAL COPY SERVICE, YOU WILL BE BOUND BY THE TERMS OF THE AGREEMENT.
1. THE SERVICE
The Warner Bros. Digital Copy Service (the “Service”) offers a digital copy of a motion picture for which you have purchased an eligible DVD of the same motion picture which offers a digital copy (“Digital Content”) and other services under certain terms and conditions as set forth in this Agreement. The Service is available only to residents of the United States and Canada. The Service expires on December 31, 2008. The Service may be terminated earlier in the sole discretion of Warner Bros. Entertainment (“Warner Bros.”).
2. AUTHORIZED DEVICES
As used in this Agreement, “Authorized Device” means any Windows Media™ compatible device meeting minimum system requirements that Warner Bros. may establish in its sole discretion from time to time or other device that Warner Bros. may authorize in its sole discretion from time to time. You may only view Digital Content on an Authorized Device. The Service is not compatible with Apple® Macintosh® iPod® devices.
3. DIGITAL CONTENT
In order to access and view Digital Content using the Service, you will need to insert your DVD into an Authorized Device with access to the Internet and provide us with the authorization code for your Digital Content. This authorization code can be found on the insert inside the DVD packaging. Warner Bros. respects your privacy, and we will not access computer files or other information on your computer that are not used by or otherwise related to the Service. The Digital Content resides on your DVD. When you provide us with your valid authorization code, we will download to your Authorized Device an electronic playback license that allows you to access the Digital Content and copy it from your DVD to your Authorized Device. You may also copy the Digital Content to one portable Authorized Device. You may not transfer or copy the Digital Content to any device other than the Authorized Device to which the electronic playback license was downloaded and the one permitted portable Authorized Device. You are only allowed to use the authorization code one time to obtain the electronic playback license. If you lose your authorization code or attempt to use it more than one time, you will not be provided with the electronic playback license or access to the Digital Content. You may not access the Digital Content by any means other than by the means described in the Agreement.
4. LICENSE TO DIGITAL CONTENT DOWNLOADS
The Service allows you to view the Digital Content a repeated number of times. As used herein, (i) “Residence” shall mean a private, residential dwelling unit or a private individual office unit, but excluding hotel rooms, motel rooms, hospital patient rooms, restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices which are common areas or open to the public or to occupiers of separate Residences or for which an admission fee is charged; (ii) “Permitted Non-Residential Use” shall mean the private viewing by one or more persons on a video monitor (desktop, television monitor, laptop, hand-held device or otherwise) in a Non-Residential Venue; provided, however, that any such viewing for which an access fee or other admission charge (except a per viewing charge) is imposed (other than any fee related only to access such Non-Residential Venue for other general purposes) or any such viewing that is on a monitor provided by such Non-Residential Venue (or by a third party under any agreement or arrangement with such Non-Residential Venue) for display of programming in a common area shall not constitute a “Permitted Non-Residential Use”; and (iii) “Non-Residential Venue” shall mean any place, area, structure or room other than a Residence.
Upon your provision to Warner Bros. of a valid authorization code, Warner Bros. grants you a non-exclusive, non-transferable, limited right and license to retain and view a permanent copy of the Digital Content and to view, use, and privately display the Digital Content in your Residence or for Permitted Non-Residential Use subject to the Agreement. You may retain a copy of the Digital Content on the hard drive of your one (1) Authorized Device (or other device specifically authorized by Warner Bros.) to which the Digital Content was initially delivered via the process described in the Agreement. You may not copy (for back-up purposes or otherwise) the Digital Content, including, without limitation, on removable media (e.g., recordable DVD). Warner Bros. will not replace the Digital Content if you are unable to play it of if you lose the Digital Content including if the Digital Content becomes damaged or corrupt, your Authorized Device crashes, your hard drive fails or the Digital Content does not play for any other reason.
a. General Restrictions. You may not transfer, copy or display the Digital Content except as permitted in this Agreement. In addition, you may not:
i. Sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party;
ii. Remove any proprietary notices or labels on the Digital Content;
iii. Attempt to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Digital Content;
iv. Use the Service or Digital Content for any commercial or illegal purpose.
b. Reservation of Rights. Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service and Digital Content are reserved and retained by Warner Bros. and its licensors, and Warner Bros. and its licensors do not transfer any right, title or interest in the Digital Content to you. You do not acquire any ownership rights in the Digital Content as a result of utilizing the Service.
5. LIMITED TO U.S. AND CANADA
The Service is available only to customers located in the United States and Canada. If you are outside of the United States and Canada, you may not use the Service. As used herein, “United States” refers to the 48 contiguous United States, including the District of Columbia, Alaska and Hawaii.
6. REFUNDS.
You will not be eligible for a refund of any portion of the purchase price of your DVD if the Digital Content is unavailable for any reason.
7. ADDITIONAL TERMS
a. If you violate any of the terms or conditions of the Agreement or otherwise abuse the Service, Warner Bros. may in its sole discretion immediately revoke your access to the Service without notice to you and without refund of any fees.
b. If Warner Bros. changes any part of the Service, which it may do in its sole discretion, you acknowledge that you may not be able to access, view, or use Digital Content in the same manner as prior to such changes, and you agree that Warner Bros. shall have no liability to you in such case.
c. Warner Bros. reserves the right to modify, suspend, or discontinue the Service at any time without notice to you, and Warner Bros. will not be liable to you should it exercise such rights.
d. Warner Bros. reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
e. Because the Digital Content is provided “as is,” Warner Bros. may not provide support services for it.