Out My Window Terms of Service

Last Updated: January 9, 2012

Welcome to Out My Window (the "Application")!

Please read the following terms and conditions ("Terms of Service") carefully. Warner Bros. Entertainment Inc. ("WBEI," together with its affiliates, collectively "Warner" or "we" or "us" or "our") provides this Application to you, your friends, and your family as a means to connect to an online community where you can create and share personal moments of your life, in other words, a personal life magazine with those close to you or with others. The Application allows you to set up a profile so you can provide and share your photographs, their location, ratings, favorites, albums and more, connect your profile with friends, and make purchases through our website located at www.outmywindow.com, and any other websites owned, operated or controlled by us, as well as our social media networking webpages, mobile applications, and television applications (collectively with the Application, the "Services").

These Terms of Service govern your access to and use of the Services, including any content, information or products therein. This is a legal agreement between you and us and applies to you, a registered user of the Application and Services ("Member").

YOU UNDERSTAND THAT BY USING THE SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.

  1. License to Use the Services

    Subject to these Terms of Service, we grant to you a limited, personal, non-exclusive, non-transferable, non-sublicenseable and revocable license to use the Services for your own personal, non-commercial use and not for resale or further distribution. Your right to use the Services is limited by the terms set forth in these Terms of Service.
    Except for this license granted to you, we retain all right, title, and interest in and to the Services, including all related intellectual property rights. The Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.
    Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, modify, adapt, translate, rent, sell, lease, loan, distribute, copy, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Services; nor (c) circumvent or disable any security or technological features or measures of the Services.

  2. Modifications to Services or Terms of Service

    Please note these Terms of Service may be revised and reissued without notice at any time by updating this posting. Notwithstanding the foregoing, we will notify you of any changes to the provisions of these Terms of Service regarding Arbitration no less than 5 business days prior to the effective date of such change. From time to time, we may also update or change the Services and you hereby consent to such updates or changes. You acknowledge that we may discontinue or restrict the Services or your access to or use of the Services for any reason or no reason with or without notice.

    You should visit this page regularly to review the current Terms of Service. Your continued use of the Services will be deemed as your irrevocable acceptance of any revisions. These Terms of Service may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.

  3. How to Contact Us

    You may contact us at Out My Window, c/o Warner Bros. Advanced Digital Services, a division of Warner Bros. Technical Operations Inc., 4000 Warner Blvd., Bldg. 168, Burbank, CA 91522. If you have any comments or complaints about the Services, please visit the Out My Window Customer Service web site. Please forward any questions regarding privacy to privacy@outmywindow.com.

  4. Your Registration

    1. In order to access the Services, and to provide Invited Submissions (defined below), you will have to become a Member and set up an Out My Window account ("Account"), with a corresponding username and password.
    2. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security. In the event that your username or password is lost or stolen, please notify us immediately by visiting the Out My Window Customer Service web site.
    3. When creating an Account, you must provide true, accurate and complete registration information. You agree to maintain as current and promptly update relevant personal information provided to us. You agree not to use false identities or impersonate any other person or use a name that you are not authorized to use. Only one (1) Account is allowed per user.
    4. When you create an Account, you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records.

  5. Children

    All users of Services must be 13 years of age or older. The Services are not directed toward children under 13 years of age, and we do not knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to us. Some of our Services may require you to be over the age of 18 or the age of majority for your state; please see the term and conditions of the relevant offer for more details.

  6. Online Privacy Notice

    Your privacy is important to us. Our Privacy Policy, which explains our information practices and the choices you can make about the way your information is collected and used can be found here. As a supplement to our Privacy Policy, information about the Services can be found here to view this notice, which forms part of these Terms of Service. By using the Services, you agree to the practices stated in our Privacy Policy.

  7. Objectionable Material

    While using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Service at your sole risk and that we shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.

  8. Trademarks and Copyrights

    The Services and the content and material incorporated in or made available through the Services are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, branding, logos or images on the Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others ("Trademarks"). We respect the intellectual property rights of others and ask users of the Services to do the same. You agree to use the Services and its content lawfully and agree that you will not infringe the intellectual property rights of the owners of content made available through the Services. The content, Copyrights or Trademarks may not be used in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our affiliates.

  9. Your Use of the Services

    You are responsible for your use of the Services and for any consequences thereof, including any information you choose to make available, posts you provide, usernames and passwords that you provide to the Services, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Services).

    You are responsible for making information provided to the Services available to other users of the Services. You should only make such information available if you have the legal right to post online and if you are comfortable sharing such information with others.

  10. Your Use of Content

    Your right to make use of the Services is subject to your compliance with these Terms of Service. Modification or use of any content on the Services for any purpose not permitted by these Terms of Service may be a violation of the Copyrights and/or Trademarks and is prohibited.

    You may access and display content displayed on the Services for non-commercial, personal entertainment. The content on the Services may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by us. Also, decompiling, reverse engineering, disassembling, or otherwise using technical means to investigate and/or replicate the functionality of the Services and/or to copy or create other products based (in whole or in part) on the Services, is prohibited.

  11. Digital Rights Management

    You agree not to capture or record any content unless explicitly permitted by the Services. You agree not to bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Services, or content or mechanisms that protect or limit use or access to the Services, or content, including, but not limited to, any digital rights management functionality.

  12. Submissions, Postings and E-mails

    We are interested in hearing from you regarding your questions or comments about our Services. You may provide suggestions, comments or other feedback about our Services (hereinafter "Feedback") by visiting the Out My Window Customer Service web site. We regret that we may not be able to respond to feedback. You agree that we may use in any manner and without limitation the Feedback that you provide.

    However, we do not accept or consider unsolicited submissions of any kind (e.g., scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted and discarded without being reviewed. Therefore, please do not send any unsolicited submissions to us.

    Certain areas on the Services may expressly request submissions of photographs, images, concepts, stories, commentaries, reviews, audio, visual, public and private messages or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions that appear elsewhere on the Services which govern those submissions, as they will affect your legal rights. If no such terms govern those submissions, then these Terms of Service will apply in full to any Invited Submissions you make. In any event, any material you send to us will not be treated as confidential.

    Please act responsibly when using the Services. You may only use the Services for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Services. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by us) or privately transmitted on or through the Services are the sole responsibility of the sender, not us, and that you are responsible for all material you upload, post or otherwise transmit to or through the Services.

    We require that you do not post e-mails or submit, publish, or otherwise make available on the Services any content, or act in a way, which in our opinion:

    • Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive, or contains hate propaganda or promotes discrimination or violence against anyone for any reason, including without limitation on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
      Contains the image of any person without their written permission to post the image on the Service;
    • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Services;
    • Solicits funds, advertisers or sponsors;
    • Promotes information that you know is false, misleading, or promotes illegal conduct;
    • Is or promotes an illegal or unauthorized copy of another person's copyrighted work, or provides information to circumvent access control or copyright protection technologies;
    • Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any person or entity;
    • Violates any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
    • May be harmful to minors or seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    • Disobeys any policy or regulations established from time to time regarding use of the Services or any networks connected to the Services;
    • Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by us or any other party;
    • Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach or impair or circumvent any security or authentication measures protecting the Services;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    • Involves the transmission of any unsolicited commercial messages or other similar commercial communications (such as spam);
    • Improperly solicits or collects usernames, email addresses, passwords, or personal identifying information from other users for any purpose;
    • Otherwise violates any local, state, national or other applicable law or regulation; or
    • Contains links to other sites that contain the kind of content that falls within the descriptions set out above.

    In addition, you may not, in connection with your use of the Services:

    • Impersonate any person or entity, including our officers or employees, or falsely misrepresent your affiliation with any other person or entity;
    • Disguise the origin of any content posted or transmitted on or through the Services;
    • Interfere with or disrupt the Services or network resource;
    • Stalk or harass any person; or
    • Collect or "harvest" from the Services the names of or information associated with other users.

    In addition, you are prohibited from removing any sponsorship banners or other material inserted by us anywhere on the Services (e.g., on any web space made available for your personal use).

  13. Our Use of Content

    We will consider anything you provide to us and/or contribute to the Services as available for our use free of any obligations to you, except unsolicited submissions (see "Submissions, Postings and E-mails" above).

    We do not claim ownership in content you post or upload to the Services (including without limitation audio, video or photographs) or in communications or material provided to us by posting any public or private messages that may be viewable by other users ("User Content"). By providing, uploading or posting User Content via the Services, you automatically and irrevocably: (a) warrant that you are the owner of the User Content or have all required consents to supply the User Content and entitled to enter into these Terms of Service; (b) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person; (c) confirm that your posting of the User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; (g) your posting is in accordance with this Terms of Service and that we shall not be liable for any use or disclosure of such User Content. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Content that is contributed to the Service. Without limiting the foregoing, we shall have the right to remove any User Content that violates these Terms of Service or is otherwise objectionable as determined in our sole and absolute discretion. You acknowledge that we do not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

  14. Third-Party Sites

    The Services may link you to other websites, software or mobile applications. These sites, software or applications may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.

    We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Service or Application since such other sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

  15. Proprietary Online Services

    Parts of the Services may be provided by third-parties and subject to the rules, policies and guidelines of such third party, including, but not limited to those of Google and Facebook. You can also use the Service to access or purchase content from a variety of sources. Where the content is provided by a third party source (such as iTunes®), those services are governed by their respective privacy policies and terms.

  16. System Abuse

    Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity that may adversely affect the operation or enjoyment of the Services by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Services.

  17. Security

    Any usernames and passwords used for the Services are for individual use only. You shall be responsible for the security of your username and password. You agree not to use the username or password of another Service user at any time. We shall be entitled to monitor your username and password and, at our discretion, require you to change it. If you use a username and password that we consider insecure, we will be entitled to require this to be changed and/or terminate your account.

    You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents.

  18. Investigations

    We reserve the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any submission, posting or e-mails you make or send to any portion of the Services. We may seek to gather information from the user who is suspected of violating these Terms of Service, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such materials from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.

    BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD HARMLESS, WARNER BROS. ENTERTAINMENT INC., THEIR AFFILIATED COMPANIES ("OUR COMPANIES") AND THEIR OFFICERS, EMPLOYEE AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF OUR COMPANIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ONE OF OUR COMPANIES OR LAW ENFORCEMENT AUTHORITIES.

  19. Local Regulations

    The Services and the Application are intended for use in the United States only. We make no representation that content in the Service is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Service from other locations you do so on your own initiative and at your own risk.

    You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable export control laws.

  20. Disclaimer of Warranties

    YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT AND PREMIUM CONTENT IN THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES, OUR COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAY MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT OR PREMIUM CONTENT IN THE SERVICES OR ANY WEB SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, CONTENT OR PREMIUM CONTENT IN THE SERVICES OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT OF THE SERVICES OR ANY OTHER WEB SITE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, RISKS OF ERRORS, CORRUPTION, VIRUSES, HACKING, INTRUSIONS, DAMAGE TO EQUIPMENT, LOSS OF DATA, CONTENT, PREMIUM CONTENT OR UNAVAILABILITY OR INTERRUPTION OF SERVICE OR OPERATIONS, HOWEVER CAUSED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

    THIRD PARTY APPLICATIONS OR FEATURES ("THIRD PARTY TOOLS") PROVIDED BY THE SERVICES ARE NOT OUR RESPONSIBILITY. YOUR USE OF THIRD PARTY TOOLS IS AT YOUR OWN RISK. OUR COMPANIES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO THIRD PARTY TOOLS INCLUDING, WITHOUT LIMITATION, CONCERNING NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, RISKS OF PROGRAM ERRORS, CORRUPTION, VIRUSES, HACKING, INTRUSIONS, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF SERVICE OR OPERATIONS, HOWEVER CAUSED, ACCURACY, AVAILABILITY, SATISFACTORY QUALITY, AND MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

  21. Limitation of Liability

    WE DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT OR PREMIUM CONTENT ON THE SERVICES OR ANY WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY OF OUR COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY OF OUR COMPANIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

    WE shall NOT be liable for any use OR MISUSE of the APPLICATION OR ANY SERVICES USING THE APPLICATION. You acknowledge the APPLICATION IS BEING MADE available in reliance on the exclusions and limitations of liability and disclaimers of warranty set forth HEREIN and that the same form an essential basis of the bargain between the parties. IN NO EVENT SHALL THE OUR COMPANIES' LIABILITY TO YOU FOR ANY AND ALL DAMAGES OF ANY TYPE EXCEED FIVE HUNDRED DOLLARS (US $500.00).

    THE MATERIAL, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE SERVICES ARE NOT NECESSARILY THOSE OF OUR COMPANIES OR OTHER CONTENT PROVIDERS. WE MAY REMOVE OR MODIFY ANY CONTENT OR PREMIUM CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN OUR SOLE DISCRETION.

    WE MAY NOT UNDERTAKE MONITORING OR REVIEW OF COMMUNICATIONS OF USERS OF THE APPLICATION OR THE SERVICES, AND THE CONTENT OF SUCH COMMUNICATIONS IS NOT OUR RESPONSIBILITY. ANY USE OF THE FEATURES OF THE APPLICATION OR THE SERVICES WHICH ALLOW USERS TO COMMUNICATE (THE "COMMUNICATION FEATURES") WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

  22. Indemnity

    You agree to indemnify and hold harmless our Companies, and our respective officers, directors, employees, agents, and distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of the Services or your account.

  23. Jurisdictional Issues

    The Services and content is presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California.

  24. Disputes / Arbitration

    If a dispute arises between you and us, our preference is to resolve the matter quickly and in the most cost effective manner possible. Before resorting to the methods described below for settling a dispute, we ask that you visit the Out My Window Customer Service web site and provide us with notice of the dispute. Upon receipt, we shall have no less than ten (10) business days to attempt to resolve the dispute with you before the parties resort to the other alternatives described in this Section 24.

    Any dispute of any kind between you and any of our Companies arising under these Terms of Service shall be resolved by binding arbitration in the county in which you reside. Both parties reserve the right to seek an injunction or temporary restraining order from a Federal or State court in the United States. However, after such request for relief has been heard by such court, the remainder of the dispute will be resolved by binding arbitration as otherwise set forth herein. We reserve the right to demand any remedy for violations of these Terms of Service and/or any other rules and regulations set forth on the Services, including without limitation the right to block access from a particular Internet address.

    Any arbitrator proceeding over a dispute arising under these Terms of Service shall be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and shall follow California law in adjudicating the dispute. The parties agree that an arbitrator proceeding over a dispute should seek, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow the JAMS rules in arbitrating their dispute, except to the extent that the JAMS rules are inconsistent with this Agreement or the class action waiver described below.

    If the claim you wish to assert against us is less than $10,000, then, at your election, the arbitration may proceed in-person, by telephone, or by written briefs. At your election, you also may bypass arbitration and proceed to assert your claim in small claims court. If either party files a claim in state or federal court that is required by this Agreement to have been brought to arbitration, then the other party shall be entitled to his/her/its reasonable attorneys' fees incurred in successfully filing a motion to compel the claim to arbitration.

  25. CLASS ACTION WAIVER

    THE PARTIES AGREE THAT THEY WILL RESOLVE THEIR DISPUTES ON AN INDIVIDUAL BASIS. ANY CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THIS AGREEMENT ALSO PREVENTS ANY PARTY FROM PARTICIPATING IN A CLASS ACTION (EXISTING OR FUTURE) THAT WAS BROUGHT BY ANY OTHER PARTY. INSTEAD, THE PARTIES AGREE TO RESOLVE THEIR DISPUTES UNDER THIS AGREEMENT ON AN INDIVIDUAL BASIS.

  26. Severability

    If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

  27. Claims of Infringement

    If you believe that any content appearing on the Services infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
    1. your name, address, telephone number, and e-mail address;
    2. a description of the copyrighted work that you claim has been infringed;
    3. a description of each place where alleged infringing material is located;
    4. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
    5. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
    6. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent

Copyright Agent
Out My Window
c/o Warner Bros. Technical Operations Inc.
4000 Warner Blvd., Bldg. 168
Burbank, CA 91522

Email: legal@outmywindow.com

We seek to preserve any and all exemptions from liability that may be available under the copyright or other applicable law.