Last updated: November 17, 2017

What’s New:

These terms and conditions (hereinafter, the “Terms of Use”) govern your use of HBO website (the “Site”) provided by HBO Digital Latin America LLC (“HBO,” “us,” “we,” or “our”). These Terms of Use apply to the Site and all other websites or apps that post a link to these Terms of Use (each and collectively, the “Site”). All references made in these Terms of Use to "you" or “your” include any users of the Site.

Before using the Site, carefully read these Terms of Use and our Privacy Notice.  By using, visiting, or browsing the Site, you expressly accept and agree to these Terms of Use and our Privacy Notice. If you do not agree with these Terms of Use or our Privacy Notice, do not use the Site.

HBO reserves the right, at its sole discretion, to modify or update these Terms of Use, as required by HBO from time to time.  Your continued use of the Site after HBO’s modification or update of these Terms of Use shall serve as your acceptance of the same without any type of reservation. Please review the Terms of Use periodically for any changes. The date that these Terms of Use were last modified can be found at the top of this document.

To be considered a user of the Site it is necessary to create an account (“Registered Account”).  Creating a Registered Account requires that you: (i) accept these Terms of Use; (ii) accept our Privacy Notice; (iii) be eighteen years of age or older, or in the case of a minor, have the authorization of your parents or guardian; and (iv) comply with all technical and legal requirements provided by HBO.

It is also necessary to reside in a country where the Site is available in a legal and legitimate manner. In order to use the Site on certain platforms, it may be necessary for you to have a device with certain technical specifications or characteristics, and that you fulfill certain requirements for the type of subscription you chose. 
The requirements to access the Site may be updated by HBO from time to time. If you have any questions as to the requirements in effect at any time, you should review the Frequently Asked Questions available on the Site or contact HBO. (See Section XXII)
You are responsible for the use of your username and password, and it is your responsibility to maintain the confidentiality of your credentials and take measures necessary to prevent the unauthorized use of your credentials by a third party. You should immediately notify HBO of any unauthorized use of your username and/or password.

Your registration and use of the Site serves as your consent to receive electronic communications from or on behalf of HBO regarding your account. You agree that any such communications from or on behalf of HBO will satisfy any legal requirements, such as that notice be provided to you in writing. For more information as to how we communicate with you, please review our Privacy Notice. If you no longer want to receive promotional communications, you may unsubscribe at any time using the link at the bottom of the electronic communication.

HBO grants you a limited, non-exclusive, non-transferable license to access, use, and privately display the Site for your personal use and only for so long as you continue to meet all of the eligibility criteria and are not otherwise in breach of these Terms of Use. This license will enable you to view, stream and access video, audio, graphics, photos, text, software, messages and/or special features (collectively "Content") via the Site in accordance with these Terms of Use during the timeframe in which your account is active and for the duration of time the Content item is available on the Site. Violation of these Terms of Use in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Site.

Please note that in order to access the Site, your device must be connected to the Internet, and you will be solely responsible for the cost and maintenance of any such Internet connection. HBO is not responsible for providing an Internet connection for users and registering for or use of the Site does not imply the provision of any Internet connection or supply of any infrastructure by HBO.
Additionally, the Site will only operate on certain hardware and software platforms. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Site. Please check the requirements listed in our frequently asked questions (“FAQs”) periodically, as HBO reserves the right to change requirements or cease support of any hardware or software platforms at any time.
HBO may control the maximum number of simultaneous streams per account regardless of the number of devices on which the Site is available. HBO may change the maximum number of simultaneous streams and/or registered devices per account that you may use at any time, in its sole discretion. Please refer to the FAQs for further information.

Content, including but not limited to video, audio, graphics, photos, text, special features, software and messages may be streamed to you or otherwise made available to you in connection with your use of the Site. Please note that some Content items may only be available for a limited period of time. During the time the Content is available on the Site, you will be able to view the Content as many times as you want, BUT ONCE THE CONTENT IS NO LONGER AVAILABLE AS PART OF THE SITE, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. HBO reserves the right, in its sole discretion, to disable access to any Content at any time.
Please note that not all Content will be available for all purposes. Access to certain Content may depend upon your geographic location and/or subscription and you may not be able to access content from outside the country where you contracted for the Site. You should be sure to read the detailed description available for each piece of Content to determine your options for viewing or accessing that Content. While we do our best to keep the Content descriptions up-to-date, HBO does not warrant that such descriptions will always be complete, current, or accurate. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted to the Content as a result of your registration or use of the Site. HBO does not make any representations or warranties with respect to the accessibility of any particular Content at any time.

From time to time, HBO may choose to make available updates, bug fixes, or other changes or enhancements to the Site (collectively, "Site Updates"). Site Updates may be:
(a) Automatic, such as in connection with general website changes and additional features or updates required by the Site;
(b) At your election, in which instance you will receive information and instructions for how to authorize optional Site Updates; or
(c) Mandatory, in which case you will be required to consent to the Site Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Site.
Please note that the Site may be unavailable during a Site Update.

You may not take any action that is prohibited by any applicable law or regulation in your place of residence, which is prohibited by these Terms of Use, which hinders HBO’s ability to provide the Site or which contravenes the main purpose thereof. Prohibited conduct includes, without limitation: (i) use of the Site to show any Content or other audiovisual material to a public audience; (ii) providing false or inaccurate information; (iii) attempting to access HBO’s data and/or that of third parties without authorization; (iv) altering and/or copying any Content; and (v) using or distributing any tools that may be used to breach the security or reliability of the Site.

HBO reserves the right to investigate any possible violations of these Terms of Use. HBO also reserves the right to deny access to any person who, in its discretion, has breached any provision of these Terms of Use.

The Site may contain Content that is inappropriate for children and/or adolescents. HBO shall attempt to inform you of the age classification of Content available on the Site; however, you are responsible for reviewing the Content before exposing it to children or adolescents. The Site has implemented a “Parental Control” function that allows you to manage the Content that may be viewed through the Site.  This “Parental Control” system is a tool offered without any type of performance guarantee and HBO undertakes no liability with regard to its functionality and provides it without any guarantee or warranty.  
If you choose to access any adult or mature Content on the Site, you acknowledge and agree that exposure to visual images and sounds that depict nudity, sexual activity, violence, adult language, or are otherwise graphic in nature, may occur. You agree that use of the Site is at your sole risk and that HBO shall have no liability to you for the type of Content that you access or allow to be accessed. It is your responsibility to ensure that the manner in which you access Content or allow it to be accessed, does not violate applicable laws or regulations.

The “HBO” and “HBO GO” trademarks are owned and registered by HBO or its affiliates. The Content made available as part of the Site, including, without limitation, the images, audio, information, characters, logos, video clips, movies, series, and any kind of programming is registered and/or owned by HBO or other entities who have licensed such Content to HBO.  All Content is protected by copyright law, intellectual property laws and other applicable international standards and/or treaties. You acknowledge that any unauthorized use of the Site, the Content, underlying software, or any portion thereof will constitute a violation of copyright.
Some trademarks, whether or not registered, may be used by HBO for purpose of identification or reference, without implying that HBO claims to be the owner or licensee thereof.
HBO does not authorize your use of any trademark, trade name and/or any material protected by copyright, intellectual property laws, or other applicable international standards and/or treaties, including, without limitation, any logo, name or character without the prior written consent of the owner of the trademark or right.

The Site may be able to connect with or link to other websites, including social media sites such as Facebook and Twitter (“Linked Websites”). HBO is not responsible for the content or any other aspect of Linked Websites; and any access to Linked Websites by you is at your own risk. HBO does not guarantee that the Linked Websites are reliable or appropriate. Your use of a Linked Website shall be governed by the terms of use, privacy policies and other policies of such Linked Website. HBO is not liable for any damage, of any nature, that may be suffered by the user as a consequence of accessing a Linked Website. BY CONNECTING YOUR REGISTERED ACCOUNT WITH OR LINKING TO A LINKED WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE LINKED WEBSITE (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH LINKED WEB SITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR REGISTERED ACCOUNT TO ANY LINKED WEBSITE. You are not permitted to link to the Site from any third-party site without the prior written permission of HBO. However, the Site may link you to other sites on the Internet including, without limitation, sites owned or controlled by our distributors. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of HBO, and you acknowledge that (whether or not such sites are affiliated in any way with HBO or its partners) HBO is 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 HBO or any association with its operators.

HBO has the right to use any comments, information, ideas, opinions, advice, concept, or any other material contained in any communication you send to us ("Communications"), including responses to questionnaires or publications, without consideration, acknowledgment or payment of any kind, for any purpose, including developing, manufacturing and marketing products and creating, modifying or improving the Site, in accordance with the rules provided for in our Privacy Notice. You further agree not to assert any "moral rights" to the Communication, to the extent permitted by law.
HBO does not accept unsolicited submissions of content, creative ideas, suggestions, stories, or other potential content and is not responsible for the similarity between programming content of any third party with materials or ideas transmitted by HBO. If you choose to send any unsolicited material or ideas to HBO, you do so with the understanding that you will receive no compensation of any kind and waive any action against HBO and its related companies for the use of such materials and ideas.
HBO is not required to acknowledge receipt of your comments. Contacting HBO will not create a confidential, fiduciary, privileged or special relationship between the user and HBO. HBO does not have, nor will have, any duty or liability, direct or indirect, with respect to any copyright infringement or trademark related claims based on your Communications.

If you believe that any content appearing on the Site has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:

Copyright Agent:

HBO Latin America Group
396 Alhambra Circle, Suite 400
Coral Gables, FL 33134
United States of America
Attn: Legal Department
Please note that while HBO seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that HBO is a serviceprovider as defined in 17 U.S.C. section 512c or elsewhere in the law.
Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. 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 any third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful.

YOUR USE OF THE SITE IS AT YOUR OWN RISK.  THE SITE AND ALL CONTENT, SOFTWARE OR ANY OTHER ASSOCIATED FEATURE OR FUNCTIONALITY OF THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. HBO DOES NOT REPRESENT, CLAIM OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HBO, ITS AFFILIATES AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (INDIVIDUALLY OR JOINTLY) TO YOU FOR ANY PERSONAL INJURY OR ANY LOSS OR DAMAGE (WHETHER ACTUAL, SPECIAL, INDIRECT, REMOTE, OR OTHERWISE RECOGNIZED UNDER APPLICABLE LAW) INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY THE LOSS OF FUNCTIONALITY OF THE SITE; DATA LOSS CAUSED BY A VIRUS, WORM, TROJAN OR OTHER HARMFUL CODE; OR OTHERWISE RESULTING FROM ANY USE OF THE SITE AND/OR THE CONTENT. WITHOUT LIMITATION, YOU (AND NOT HBO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. YOU ASSUME THE RISK IN USING THE SITE AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE AFFECTS STATUTORY RIGHTS THAT CANNOT BE RENOUNCED.
HBO may provide personal information in response to a legal or administrative process, for example, in answer of a court order or to exercise any rights in the scope of an administrative and/or judicial proceeding. The user agrees to hold HBO harmless and not make a claim against it, for any reason, resulting from the actions taken by HBO during or as a result of an investigation, court order, administrative proceeding, or judicial proceeding.

To the extent that the Site requires the use of infrastructure systems, networks and services of third parties, for example, a mobile telephony or Internet access company, in these cases, the user is solely responsible for contracting the same with its preferred supplier and keeping its account or subscription current.

You can cancel your subscription at any time through your service provider. Please note that you must cancel your subscription before it renews for a subsequent period in order to avoid being charged for the subsequent period. If you cancel your subscription, the cancellation will become effective upon request and is subject to the policies of any billing or other service provider to the extent agreed upon by you.  

Any communication sent to HBO with respect to the desire to cancel the subscription to the Site will not be sufficient for the cancellation of such subscription and no action will be taken by HBO with respect to your cancellation.  You will need to contact your service provider directly to cancel your subscription. 

These Terms of Use constitute an agreement between you and HBO, and not between you and any other service provider(s). Please review the policies of your service provider to confirm your compliance with those terms. Unless otherwise specified, service provider will have no obligation to provide maintenance and support services, or respond to product claims regarding the Site.
iOS Subscribers
Accessing the Site via iOS products must be in accordance with the App Store Terms of Service in addition to the Terms of Use set forth herein.  You acknowledge and agree that Apple, Inc., (“Apple”) and any subsidiaries of Apple, are third party beneficiaries to these Terms of Use.  Upon your acceptance of these Terms of Use, Apple will have the right (and be deemed to have accepted the right) to enforce these Terms of Use as a third party beneficiary.

You agree to indemnify and hold harmless HBO and the service provider through which you’ve contracted for the Site, and their respective shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors and their respective directors, officers, and employees (collectively, the "Indemnified Parties"), from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from your breach of any of the foregoing provisions of these Terms of Use, representations or warranties, and/or from your placement or transmission of any content onto the Site's servers, and/or from any and all use of your username and password in violation of these Terms of Use or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

For users located outside of Brazil:
These Terms of Use and our Privacy Notice shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.
In the event any dispute, claim or controversy arises, HBO and you hereby agree to resolve those disputes through binding arbitration instead of in courts (the “Arbitration Agreement”). 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. Any arbitration under this Arbitration Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you hereby waive any right to such proceedings.
Any dispute, claim or controversy arising out of or relating to the Site or your use of the Site, these Terms of Use and this Arbitration Agreement, must be filed within one year of the relevant events. You waive – that is, give up your right to pursue - any dispute, claim or controversy that is not filed within one year and any right you may have had to pursue that dispute, claim or controversy in any forum is permanently barred.
Except as set forth below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Site or your use of the Site, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

References in this paragraph to "HBO," "we," and "us" include our respective parents, subsidiaries, partners, affiliates, agents, employees, predecessors in interest, licensees, licensors or providers of content, successors, and assigns, as well as all authorized or unauthorized users of the Site under this or prior Terms of Use. 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 HBO are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this agreement. A party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, or by other mail delivery Site that provides proof of delivery (e.g., FedEx), a written notice of dispute ("Notice"). The Notice to HBO should be addressed to: General Counsel, HBO Latin America Group, 396 Alhambra Circle, Suite 400, Coral Gables, FL 33134 ("Notice Address"). The Notice must:
(i) describe the nature and basis of the claim or dispute; and
(ii) set forth the specific relief sought ("Demand"). If HBO and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or HBO may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by HBO or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HBO is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this agreement, and will be administered by the AAA. The AAA Rules are available online at http://adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this agreement, including Disclaimer of Warranties and Limitation of Liability. The arbitrator shall have the right to award money damages and other appropriate relief, consistent with the terms of this agreement; HOWEVER THE ARBITRATOR SHALL NOT HAVE THE RIGHT TO AWARD INJUNCTIVE RELIEF AGAINST EITHER PARTY OR TO CERTIFY A CLASS ACTION OF ANY KIND. All issues are for the arbitrator to decide. Unless you and HBO agree otherwise, any arbitration hearings will take place in English, either (i) in person in Miami-Dade County, Florida, United States of America, or (ii) by video conference during which you shall be able to appear from the county (or parish) of the billing address associated with your subscription, or any other location of your choosing which has appropriate video conference facilities available. If your claim is for $10,000 or less, there shall be no in person hearing; and 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 video conference as established by the AAA Rules. If your claim exceeds $10,000, the right to and format of 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. Each party shall be responsible for their own attorneys' fees. Although under some laws HBO may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b) of the United States of America).
YOU AND HBO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. If the waiver of the right to participate in a class action set forth above is found to be illegal or unenforceable for any reason whether by judicial, legislative, or other action, then the entirety of the agreement to arbitrate contained above is null and void. In that instance, you and HBO agree to waive your right to a jury trial. You and HBO further agree that any dispute, claim or controversy arising out of or relating to the Site or your use of the Site, and these Terms of Use shall be brought in the appropriate state or federal court located in New York, New York, United States of America; and that we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York, New York, United States of America.
Notwithstanding the foregoing, disputes enforcing, protecting, or concerning the validity of any of your or HBO's intellectual property rights (or the intellectual property rights of any of HBO's licensors) are not covered by the agreement to arbitrate contained in this section.

For users located in Brazil:
These Terms of Use shall be written and interpreted in accordance with Brazilian Law. In the event of any dispute, claim, or controversy, you and HBO hereby agree to resolve those disputes, amicably. Accordingly, you must first send an e-mail to HBO describing in detail any such dispute, claim, or controversy between you and HBO ("Notice"). The Notice should be sent to the email address contatohbogo@hbo-la.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 HBO do not reach an agreement to resolve the dispute within 30 days after receipt of notification by HBO, you can then initiate legal proceedings on the matters raised in the Notice.

HBO shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder 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, war, national emergency, Governmental action, or other cause beyond HBO’s control.

If you have any question or concern with respect to the Terms of Use, Privacy Policy, or any other aspect of the Site, you may contact us at HBO Latin America Group, at 396 Alhambra Circle, Suite 400, Coral Gables, Florida 33134, United States of America or at our email address: contactohbogo@hbo-la.com for support in Spanish and English or contatohbogo@hbo-la.com for support in Portuguese.

If any provision of this document is found to be illegal, void or otherwise unenforceable, then such provision shall be considered to be severable and independent, and shall not affect the validity, application and enforceability of any of the remaining provisions. These Terms of Use, together with the Privacy Notice constitutes the full agreement between the parties on the terms and conditions of use with respect to the different contents, information, materials, applications, servers, software and other options related to the Site.

Your Privacy

Your acknowledgement indicates that you have read and accepted our privacy notice and that you consent to our use of and transfer of your personal data to the USA.