{"service":{"name":"HBO GO","url":"https://hbogo.pl/terms-and-conditions-direct-subscription","lang":"ENG","sector":"Video","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Paid","date":""},"document":{"title":"","text":"GENERAL TERMS AND CONDITIONS FOR HBO EUROPE\nS.R.O's ONLINE SERVICE \n1 Generally \n1.1 HBO Europe s.r.o. with its registered office at Jankovcova 1037/49, Praha 7, Postcode: 170 00, the Czech\nRepublic, registered in the commercial register administered by the City Court in Praha, Section C, Insert 29418\n(hereinafter ”HBO”) provides (i) an on demand audiovisual media service; and (ii) the linear audiovisual media\nservices: HBO, HBO2 and HBO3 channels, currently jointly known as “HBO GO”, to be made available at\nwww.hbogo.pl or another website or application designated by HBO (hereinafter the ”Website”) with the linear\nand on-demand content as applicable (hereinafter the ”Service”). \n\n1.2  These general terms and conditions (hereinafter the ”User Terms and Conditions”) apply to agreements\nbetween HBO and a natural person (hereinafter the “User”) regarding the Service. Only natural persons who are\n18 years of age and older who reside in Poland may enter into an agreement with HBO on  providing the Service.\nHBO has the right to refuse to enter into an agreement, or immediately terminate an agreement with a User if the\nUser has previously breached HBO's User Terms and Conditions. HBO may, instead of refusing to enter into or\nterminate an agreement , require the User to provide security for such User's obligations pursuant to the\nagreement.\n\n1.3 These User Terms and Conditions  apply to and are binding upon HBO and the User. Agreements are also\nsubject to special terms and conditions (including any special offers, prices, payment terms and methods, term of\nagreement, etc.), offered by HBO from time to time in conjunction with the execution by the User of an agreement\nwith HBO. In conjunction with any conflicts between the special terms and conditions and the User Terms and\nConditions, the special terms and conditions shall prevail. The User Terms and Conditions and the special terms\nand conditions together constitute the agreement applicable between the User and HBO (hereinafter the\n”Agreement”). If the subscription to the Service is purchased via a third party acting as an agent or commissioner\n(e.g. iTunes-Apple, hereinafter: “Third Party Agent”), the terms and conditions of this Agreement shall be\napplicable subject to the special terms specified in section 22. Regardless of whether a subscription to the\nService is purchased from HBO directly or via a Third Party Agent, HBO is the provider of the Service and\nresponsible for its content, and the User has to enter into this Agreement with HBO. In order to obtain access to\nthe Service, the User must confirm that the User has read and accepted the Agreement. \n\n1.4 After ordering the Service from HBO, HBO will provide a confirmation of the Agreement by e-mail sent to the\ne-mail address submitted by the User in connection with the User’s registration according to section 4 below.\nSuch confirmation will contain the text of the Agreement. The Agreement is concluded in the moment when the\nUser accepts the Agreement by clicking the designated button on the Website to finalize the order. \n\n1.5 The Agreement can only be concluded in the Polish language only. The Agreement (which constitutes\nagreement concluded by electronic means) will be stored by HBO and the User will receive the text of the\nAgreement in the confirmation email delivered to the email address provided by the User. The currently\napplicable User Terms and Conditions are available on the Website. Users acknowledge that their personal data\nare processed by HBO in compliance with the applicable Personal Data Policy available on the Website.\n\n2 Scope of the Service\nTerritory\n\n2.1 The Service may only primarily be used in Poland (hereinafter the ”Territory”). Users are entitled to use the\nService while temporarily present in other member states of European Economic Area (hereinafter: ”EEA”) in\naccordance with the Regulation 2017/1128 of the European Parliament and of the Council on cross-border\nportability of online content services in the internal market. The EEA includes EU countries and also Iceland,\nLiechtenstein and Norway. When Users access the Website or initiates content playback, HBO will verify that the\nUsers’ IP address is located in the EEA. If the Users’ IP address is unidentifiable or located outside of the EEA,\nthe access to the Website will not be provided and content playback will be denied.\n\nContent \n\n2.2 On the Website the Service contains movies, series, documentaries and other programs available:\n\n(i) as the live channels: “HBO”, “HBO2” and “HBO3” channels (the “Channels”); and\n\n(ii) on-demand basis included by HBO at its sole discretion from time to time.\nThe User obtains access to the content which is provided on the Website from time to time, immediately after the\nUser has ordered the Service and accepted the Agreement. HBO strives to continuously improve the User's\nviewer experience. The Service and its content may therefore, in the future from time to time be replaced,\nmodified or updated.\n2.2.1 The current list of on-demand content of the Service shall be available on the Website. Changes,\nmodifications to, or updates of, the on-demand content of the Service and other changes to the appearance of\nthe Website are not to be deemed to constitute a modification of the Agreement or the Service unless applicable\nlaw requires otherwise.\n2.2.2  The User acknowledges that some of the selected programming may not be available on the Channels\ndistributed via the Website due to legal restrictions of the content owners. HBO reserves the right to change the\nname any of the Channels included in the Service and/or include also other channels in the Service, without any\nprior notice. Such changes or unavailability of certain programming on any of the Channels (or other channel(s))\nwill not be considered as changes to the Agreements.\n2.2.3 Most of the programming included in the Service is available in Polish language (either voiced-over or\ndubbed and/or subtitled), however some programming may only be available in original language.\nHBO may introduce different tiers of the Service with different pricing in the future. If different tiers are introduced,\nindividuals will be able to subscribe to any of the tiers at their election.\nSubscription \n2.3 For a monthly fee, the User may subscribe and obtain access to the full content of the Service or selected tier\nof the Service, if made available.\n2.4 HBO may offer the Service without charge on terms specified in connection with the offer and the Agreement\nand determined upon its sole discretion (hereinafter the “Trial Period”). The User can choose to terminate the\nService, at any time during the Trial Period, without having to pay for the Service. HBO does not charge any fees\nduring the Trial Period.\n2.5 If HBO offers the Trial Period, the Users who are eligible may only use one Trial Period during a consecutive\ntwelve (12) months period. Trial Period eligibility may by verified by HBO based on data provided by the User,\nincluding but not limited to the e-mail address, payment method and/or ID devices ascribed to the account, in\norder to prevent abuse of the Trial Period. In case HBO suspects abuse of the Trial Period or its terms, HBO may\nimmediately take measures to prevent such abuse, including termination of the Agreement. \n2.6 If the User has not terminated the Agreement during the Trial Period, the Trial Period will automatically, and\nwithout notice to the User, transform into a usual subscription for which the User must pay the ordinary\nsubscription fee. If the User decides to not become a paying User, the User must thus terminate the Agreement\nduring the Trial Period. The end date of the Trial Period will be made available to the User in the user account on\na continuous basis. \n2.7 HBO or its partners may from time to time offer vouchers for use of the Service by the Users. Unless the\nterms and conditions of the voucher offer provide otherwise, by redeeming such vouchers, Users are entitled to a\none time special promotional use of the Service for a limited period of time (e.g. an additional free trial period in\naddition to the Trial Period) (hereinafter the “Promotion Period”), and Users will be eligible to use one voucher\n(and participate in one voucher campaign) during any consecutive twelve (12) months’ period.\n3 Use of the Service \nTo be able to use the Service, the User must register a user account on the Website (see, further, section 4),\nhave access to equipment, systems and connections in accordance with these User Terms and Conditions (see\nfurther, section 5), and after the expiration of a potential Trial Period or Promotion Period, make payment in\naccordance with these User Terms and Conditions (see, further, section 6). Furthermore, certain technical\nsafeguards have been implemented to prevent unauthorized use of the Service, such as copying, use outside the\nTerritory and EEA and further dissemination of the content provided in the Service.\n4 Registration, user name and password \n\n4.1 Registration of a user account must take place in the Territory on www.hbogo.pl by using the Polish\ncredit/debit card or such other payment method available on the Website. Users who have a permanent\nresidence in Poland and are physically present in their country of residence at the time of the registration may\nregister an account in order to access the Service. When the User registers an account, HBO will verify that the\nUser’s payment method is issued in Poland and that the User’s IP address is located in the same country. If the\nUser’s IP address is unidentifiable or located in another country than Poland or if the User’s payment method is\nissued in a country outside of Poland, the access to the Service will not be provided.\n4.2 The User shall be responsible for ensuring that the stated information at the time of registration is correct,\nand, where necessary, update his/her user account with correct information. Upon registration, the User may only\nprovide information regarding its payment method of choice. Obvious data entry errors will be checked and\nnotified to the User. Nevertheless, the User should review and verify the completeness and accuracy of his/her\ndata supplied during the registration process.\n4.3 Depending on the payment method of choice, upon registration the User shall be requested to provide all or\nsome of the following data: first name, last name, e-mail address, password, credit/debit card number, CVV/CCV\ncode and credit/debit card expiration date, cardholder name, details related to a payment method of choice, for\nexample, the account details of a relevant payment provider, voucher code or any other information that might be\nrequired and necessary to complete the registration (hereinafter the ”Log-On Information”). The User's Log-On\nInformation is personal and may not be used by a third party. The User shall store the Log-On Information in\norder to protect it against unauthorised access. The User is responsible for all use of the Service which takes\nplace through the User's account.\n4.4 If the User suspects unauthorised use of the User's Log-On Information, the User shall immediately notify\nHBO of this fact and change the User's password. In the event HBO has cause to believe that the Log-On\nInformation has been disclosed or in some other manner is being misused by unauthorised persons, HBO shall\nbe entitled to immediately terminate the Agreement in accordance with section 12.4 (c).\n4.5 HBO shall be entitled at any time to request that the User changes the User's password. Changes shall be\neffected promptly and may cause temporary disruptions in the use of the Service. \n4.6 The use of any payment method of choice may be blocked in case of reasonable suspicion of fraud or any\nother offence. \n5 Equipment, etc.  \n5.1 In order to use the Service, the User must possess the necessary and approved systems, connection and\nequipment. \n5.2 The specification of current systems requirements is available on the Website. However, the fulfilment of\nthese systems requirements does not guarantee that the User will be able to use the Service indefinitely and for\nreasons outside HBO’s control. Use of the Service may require the installation by the User of third-party software.\nHBO will provide information on the Website regarding which third-party software can be used, but HBO does not\nprovide its own software and shall not be responsible for such third-party software and updates thereof. \n5.3 The Service requires that the User has access to the necessary Internet connection. The User is responsible\nfor all costs associated with such connection, including data traffic costs, irrespective of where in the Territory\n(see, above, section 2.1) the User uses the Service. The specification of requirements for the minimum download\nspeed required to use the Service is available on the Website. \n5.4 Only the types of devices currently listed on the Website may be used and registered for the Service. HBO\nshall be entitled from time to time to determine which device that is to be regarded as approved based on current\ntechnical development and standards. HBO does not provide its own devices and assumes no responsibility for\nany approved device’s performance or its continuous compatibility with the Service and updates thereof. \n5.5 The User shall be entitled to use and register the Service on up to five (5) approved devices, which includes\ncomputers, mobile phones, tablets or other approved devices. Changes of registered, approved devices may be\ncarried out on the User's account (currently maximum 5 times per month). HBO may implement rules regarding\nthe frequency with which registered, approved devices may be changed by the User. Information regarding such\nrules shall be communicated to the User in accordance with section 11 below. Unless otherwise notified by HBO,\nonly two (2) simultaneous streams of the Service are allowed on registered and approved devices. \n5.6 To the extent permitted by the applicable law, HBO is not responsible for the User's failure to use the Service\n\nor for access to the Service being limited due to an overload on the Internet or due to faults or problems relating\nto computers or other devices, networks, electronics or communications which are outside of HBO’s control. \n6 Fees and payment \n6.1 Fees for the Service shall be payable in accordance with the prices applicable from time to time which are\navailable on the Website. The applicable fees will be available to the User prior to the conclusion of the\nAgreement and the registration procedure provides for an express confirmation by the User that he is aware that\nthe order is with the obligation to pay the price. If (i) the price is determined in Euro and (ii) the payment method\nused for the payment is based on local currency, the applicable exchange rate will be determined by the relevant\nbank (or by payment provider). HBO is not responsible for the applicable exchange rate or for other charges\napplied by the bank or by a payment provider. Please contact your payment method service provider for details.\n6.2 If the User is not eligible for a Trial Period, nor for a Promotion Period, the first payment of the subscription\nfee shall be made on the date when the User entered into the Agreement and thereafter payments of the\nsubscription fee to HBO for the immediately following month shall be made in advance on the same day of each\nmonth which corresponds to the day upon which the User entered into the Agreement for the Service. If such day\ndoes not exist in the given month the last day of the given calendar month shall be the payment date.\n6.3 The User may effect payment of the fee through any of the means of payment offered by HBO on the\nWebsite. The User agrees to sign the necessary documents and, at each due date, keep sufficient funds for\npayment of the Service available through the selected means of payment. \n6.4 If the User is granted a Trial Period or Promotion Period, no payment shall be made during such period(s). A\nfirst payment shall be made on the first day after the end of the Trial Period or the Promotion Period (provided the\nUser has not terminated the Agreement before the end of the Trial Period or the Promotion Period) and thereafter\nthe same day each month the following months. If such day does not exist in the given month the last day of the\ngiven calendar month shall be the payment date.\n6.5 If sufficient funds are not made available by the User on the date when payment is due, HBO will provide a\n“failed payment” notification by e-mail sent to the e-mail address submitted by the User and HBO will again try to\ndraw the fee – no more than five (5) times – from the credit or debit card. \n6.6 If payment is not made on time, HBO shall also be entitled to suspend or limit the User's access to the\nService immediately. HBO shall also be entitled to terminate the Agreement immediately if the delay in payment\nexceeds twenty (20) days.\n7 Use of the Service \n7.1 The User may only use the Service for the User's personal use and in accordance with these User Terms and\nConditions. The User may not - and may not encourage, facilitate or cause any other party to  do any of the\nfollowing: \n(a) use the Service for a commercial or public purpose; \n(b) use the Service for any unlawful or unsuitable purpose; \n(c) copy/reproduce, lend, sell, broadcast, or otherwise distribute, edit or in any other manner transfer or adapt\ncontent from the Service; \n(d) circumvent, modify, remove, alter or in any other manner manipulate any security, encryption, or other\ntechnology or software which is part of the Service; or\n(e) otherwise use the Service in contravention of copyright laws, other laws, or these User Terms and\nConditions. \n7.2 The Service may only be used within the Territory and in compliance with section 2.1 hereof within the EEA.\nThe User may not in any manner - and may not encourage, facilitate or cause a third party to - use or attempt to\nuse the Service outside the Territory or under conditions hereof outside the EEA. \n7.3 Use of the Service in violation of this section 7 shall at all times be deemed to constitute a material breach of\nAgreement which may result in HBO terminating the Service with immediate effect (see, further, section 12). \n8 Minors\n8.1 The Service may contain materials which are deemed unsuitable for minors and which may be perceived by\nothers as obscene or disturbing.   \n\n8.2 The Service is not intended to be used by children without the involvement, supervision and consent of\nparents or guardians. Parents, guardians or other adults who allow children to use the Service shall bear sole\nresponsibility for determining whether the content of the Service is suitable for such child. \n8.3 HBO provides technical means to restrict access to the Service or to certain content. A password, PIN Code\nor other similar means may be required to access the Service or certain content. The User is responsible for\nensuring that such technical means are activated and effective as provided and instructed by HBO, unless such\nmeans must always be used to access to the Service.\n9 Modifications and amendments \n9.1 User hereby expressly acknowledges that HBO has a right to change the fees and other clauses of the Terms\nand Conditions to a reasonable extent. The User shall be notified of such changes by e-mail sent to the e-mail\naddress provided by the User no later than thirty (30) days prior to such change entering into force. In conjunction\nwith such change, the User shall be entitled to terminate the Agreement  with effect on the day upon which the\nchange is to take effect. HBO shall inform the User in its notice of his/her right to terminate the Agreement. If the\nUser does not terminate the Agreement before such change takes effect, the User shall be deemed to have\naccepted such change.\n9.2 User hereby expressly acknowledges that HBO has a right to make significant changes to the content\ncovered by the Service to reasonable extent. The User shall be notified of such changes by e-mail sent to the e-\nmail address provided by the User no later than thirty (30) days prior to such change entering into force. In\nconjunction with such significant change, the User shall be entitled to terminate the Agreement with effect on the\nday upon which the change is to take effect. HBO shall inform the User in its notice of his/her right to terminate\nthe Agreement. If the User does not terminate the Agreement before the change takes effect, the User shall be\ndeemed to have accepted such change.  \n9.3 For the purpose of section 9.2, a change which relates to the content is significant where the volume of the\ncontent covered by the Service is drastically reduced or the overall orientation of the content is significantly\nchanged. The expiry or termination of a license for a certain program or series, or the decision not to produce or\ninclude further seasons of a certain series shall not be deemed a significant change. The significant change shall\nbe only such change, which will result in significant decrease of the titles of the films and/or series included in the\nService. The significant decrease shall mean the decrease by 50% or more of all titles of films and/or series on\nthe overall content covered by the Service. \n9.4 In case of early termination pursuant to this section 9, when the User has made payment related to a period\nafter the expiry, HBO will repay the exceeding amount within thirty (30) days from the expiry of the Agreement.\nInformation to Users regarding changes and repayment\n9.5 Information regarding changes described above will be provided to Users in accordance with section 11\nbelow. \n10 Loss of right of withdrawal\nBy entering into the Agreement, the User explicitly grants his/her consent to providing access to (delivering of)\nthe Service immediately after entering into the Agreement and paying the fee pursuant to Agreement. The User\nhereby acknowledges that by getting access to (delivery of) the Service before the end of the fourteen (14) day\nperiod for withdrawal from the Agreement, the User loses the right to withdraw from the Agreement pursuant to\nSection 1829 of the Civil Code (Act. No. 89/2012 Coll., as amended), within the fourteen (14) days period after\nentering into the Agreement. If the User has entered into the Agreement and the provision of the Service has\ncommenced, but the User no longer wants to use the Service and be bound by the Agreement, then the User has\nto terminate the Agreement in accordance with section 12 below. The registration procedure provides for an\nexpress confirmation (checkbox) by the User that he/she grants consent to providing access to (delivering of) the\nService immediately after entering into the Agreement and paying the fee and acknowledgement that by getting\naccess to (delivery of) the Service before the end of the fourteen (14) day period for withdrawal from the\nAgreement, the User loses the right to withdraw from the Agreement.\nThe provision of this Section 10 does not affect the User’s right to terminate the Agreement at any time during the\nTrial Period without having to pay for the Service, as provided in Section 2.4.\n\n11 Information to customers \n11.1 HBO may send notices to the User by e-mail, or publication on the Website in compliance with the\napplicable laws. \n11.2 The User is obliged to update his contact information should these change during the use of the Service.\nHBO shall be deemed to have fulfilled its notification obligation by sending notices to the last-stated e-mail\naddress of the User, regardless whether such address is no longer used by the User or are otherwise unusable.\n12 Term of the Agreement and termination \n12.1 Agreements on subscription for the Service is entered into for a subscription period of one (1) month and is\nautomatically prolonged one (1) month at a time until the User or HBO terminates the Agreement pursuant to\nthese User Terms and Conditions. Except for, as set forth in section 9.4 above, no subscription fee paid in\nadvance for the relevant period will be repaid and the User has the right to continue to use the Service until the\nend of that period. If the User is entitled to a Trial Period pursuant to section 2.4 or Promotion Period pursuant to\nsection 2.7, the subscription period starts running from the first day of the Trial Period, or Promotion Period, as\napplicable, and lasts for the period equal to the Trial Period and/or Promotion Period, as applicable, and is\nautomatically prolonged for one (1) month period(s) until the User or HBO terminates the Agreement pursuant to\nthese User Terms and Conditions.\n12.2 If the User wishes to terminate the Agreement, HBO must be notified by e-mail, post letter or, if HBO\nprovides such alternative, through the Website (at hbogo.pl/contact). In case the User initiates the termination,\nHBO will send a confirmatory e-mail to the User at the end of the subscription period. If HBO wishes to terminate\nthe Agreement, HBO shall notify the User by e-mail or post letter. In accordance with clause 12.1 the Agreement\nwill be terminated as of the end of the then current one month term of the Agreement.\n12.3 In conjunction with changes to fees or the User Terms and Conditions, the right to termination shall occur in\naccordance with section 9. \n12.4 Subject to what is prescribed above, HBO shall be entitled to terminate the Agreement with immediate effect\nand at the same time make the Service immediately unavailable to the User in the event that: \n(a) the User is delayed in making payment for a period of not less than twenty (20) days; \n(b) there are reasonable grounds to assume that the User is insolvent; \n(c) the User abuses the Trial Period, the Promotion Period or its terms;\n(d) there is unauthorised use of the Service or there are reasonable grounds to assume that such unauthorised\nuse is occurring;\n(e) the User has tried to use a Trial Period on more than one (1) occasion during any twelve (12) month\nconsecutive period;, or\n(f) the User has in some other manner committed a material breach of the Agreement, or repeated breach of the\nAgreement.\n13 Intellectual property rights \n13.1 In conjunction with the execution of the Agreement with HBO, HBO grants the User a non-exclusive, non-\ntransferable and limited license to watch the content of the Service. The User may only use the Service and its\ncontent in accordance with the Agreement and for his/her private personal use.\n13.2 The materials on the Website and the content of the Service are protected by copyright, trade mark law\nand/or other intellectual property laws. The Agreement with HBO does not in any way entail a transfer to the User\nof any title or any other intellectual property rights to the contents of the Service or to the Service.\n14 Security\n14.1 The User shall not be entitled to act in any manner that may cause the Service or Website to no longer\nfunction, being overloaded, damaged or impaired. Nor may the User impinge on another User's use of the\nService.\n14.2 The User may not attempt to acquire unauthorised access to networks, computer systems, content or\n\ninformation relating to the Website or the Service. Breaches of this provision shall at all times be deemed to\nconstitute a material breach of the Agreement which, among others, may result in termination of the Agreement\nwith immediate effect (see, further, section 12). \n15 Limitation of liability, disruptions and outages\n15.1 The User shall notify HBO on any disruptions, outages and other faults as soon as possible, and not later\nthan seven days following their occurrence, to be entitled to any compensation in accordance with Section 15.2\nhereof. HBO shall not be responsible for faults in the Service which are beyond HBO's control in accordance with\nsection 5.6 above or other faults due to the use by the User of equipment which is not approved or which is due\nto the negligence of (i) the User, or (ii) a third party.\n15.2 In respect of such disruptions, outages and other faults for which HBO bears responsibility under section\n15.1 and resulting in the Service being unusable for a continuous period exceeding 24 hours, Users who request\nit, shall be entitled to receive a proportional reduction in the fee. If the disruptions, outages and other faults for\nwhich HBO bears responsibility under section 15.1, result in the Service being unusable for period exceeding (i)\nthree consecutive days, or (ii) ten days in total during any calendar month, User may terminate the subscription\nagreement with retroactive effect as of the last payment (billing) date (the “Termination Date”) and request the\nrefund of the monthly subscription fee paid for the month after the Termination Date. In addition, Users may\nrequest compensation of costs reasonably spent for making a justified claim under this Section 15.2. within one\nmonth following the deadline for making such claim. Refunds will be made by using the payment method chosen\nby the User for payment of the subscription fee. In case of continued subscription, the amount of the\ncompensation will be, at HBO´s discretion, (i) deducted from the next payment of the subscription fee or (ii)\nprovided in a form of a voucher.\n15.3 Users are not entitled to any compensation for disruptions, outages and other faults resulting in the Service\nwhich are due to maintenance. HBO informs Users that there are three types of maintenance:\nMonthly Scheduled Maintenance: It occurs one day per each month between 01:00 AM-05:00AM CEST.\nNon Scheduled Maintenance: It may occur between 01:00 AM-05:00AM CEST if it is necessary from operation\npoint of view.\nEmergency Maintenance: It may occur anytime, in case there is an emergency technical issue which would\nmaterially affect the delivery of the Service. If the Emergency Maintenance lasts for a continuous period\nexceeding 24 hours, the HBO´s liability shall be governed by Section 15.2 hereof, unless Emergency\nMaintenance was caused by circumstances beyond HBO´s control.\nDuring all 3 maintenance breaks the Service may not be accessed.\n15.4 User´s claims for compensation have to be filed using contact details provided in Section 21 hereof for\ntermination, complaints and claims. The claims shall contain the name of the User, description of the fault and the\nperiod of its duration, and a material evidencing such fault (if requested by HBO). HBO may request other details\nnecessary to identify the User, to determine the amount of compensation, and to settle the claim.\n16 Duty to compensate \nThe User consents to compensate and hold HBO, its subsidiaries, employees, board members and licensors\nharmless for any losses, expenses or demands arising as a result of, or in conjunction with, the User's breach of\nthe Agreement, the User's violation of applicable laws or the User's violations of third-party rights. \n17 Assignment \nHBO shall be entitled, with the prior consent of the User, to assign its rights, claims and obligations pursuant to\nthe Agreement  to another company within the same group or to a third party who may be reasonably expected to\nfulfil its obligations pursuant to the Agreement in a satisfactory manner. The User shall be entitled to assign the\nUser's rights and obligations pursuant to the Agreement with prior HBO's consent. \n18 Links from the Website\nThe Website may include links to other websites provided by third parties. HBO has no control over, and\nassumes no responsibility whatsoever for, such links or the content of such websites. The User's use of such\nwebsites shall be at the User's own risk.\n\n19 No consent \nIf HBO refrains from requiring the fulfilment of a right under the Agreement or refrains from acting against the\nUser's violation of the Agreement this shall not be deemed an authorization of the infringement or future similar\ninfringements and shall not otherwise affect HBO's rights pursuant to the Agreement.\n20 Complaints and Disputes \nIf the User is, for any reason, not satisfied with the Service, such Subscriber may contact HBO using contact\ndetails specified in Section 21 or other contact details if available on the Website. \nThe User and HBO shall first attempt to resolve any disputes arising out of the Agreement by an amicable\nsettlement. In the event, the parties cannot reach a settlement, the dispute shall be resolved by a competent\ncourt in Poland. The Agreement is governed by the Czech Law, unless otherwise provided herein. You may also\nbe entitled to certain consumer protection rights and other mandatory provisions under the laws of Polish\njurisdiction. The User shall, as a consumer, before filing an action with a competent court, have the right to refer\ncomplaints to one of the Polish bodies authorized to resolve consumer`s complaints and disputes out of court.\nThe current list of such bodies is published in the Register available at the Office for Competition and Consumer\nProtection (UOKiK) website: polubowne.uokik.gov.pl and include inter alia Regional Offices of the Polish Trade\nInspection or , or to use the link https://ec.europa.eu/consumers/odr to resolve a consumer dispute out of court\nonline. With respect to the content of the Service, the User may file its complaint with the Czech Council for\nRadio and Television Broadcasting, www.rrtv.cz.\n21 Contact information and competent regulator\nHBO may be contacted at the address HBO Europe s.r.o., Jankovcova 1037/49, Praha 7, Postcode: 170 00, the\nCzech Republic, phone number: +420 261094444 or email address: sekretariat@hbo.cz.\nIn case of termination, complaints or claims, please use the following contact details: hbogo.pl/contact\nThe Council for Radio and Television Broadcasting, Škrétova 44/6, 120 00 Praha 2, the Czech\nRepublic, www.rrtv.cz, is a regulatory authority supervising the provision of the Service, including the HBO\nchannels.\n22 Third Party Agent\n22.1 If a subscription to the Service is purchased via a Third Party Agent, the creation/activation of the\nsubscription, the payment and the termination of the subscription is managed by the Third Party Agent according\nto its special terms and conditions (e.g. the applicable iTunes terms and conditions, hereinafter: “Third Party\nSpecial Terms”). Therefore the User is obliged to read and accept the Third Party Special Terms in addition to\nthe acceptance of this Agreement.\n22.2 In addition to the above mentioned, the following special terms shall apply if a subscription to the Service is\npurchased via a Third Party Agent. If there is any contradiction between the special terms below and the other\nterms of this Agreement, the special terms below shall govern. In addition the terms and conditions of this\nAgreement, the Third Party Special Terms shall apply to the subscription in the following cases:\n(i) The Third Party Agent is responsible for all subscription creation/activation, payment or failed payment and\ntermination related communications.\n(ii) Vouchers – specified in section 2.7. - cannot be redeemed via Third Party Agent.\n(iii) Registration shall take place on a special HBO application to be installed on a device or via an operating\nsystem controlled by the Third Party Agent. The subscription fee will be charged by the Third Party Agent,\nprovided that the User has registered a credit/debit card or other valid payment method with the Third Party\nAgent.\n(iv) The Third Party Agent is responsible for the collection of the recurring monthly subscription fees until the\nsubscription is terminated.\n(v) As part of the registration process the User must create its own HBO account by providing certain account\ninformation necessary to its creation (e.g. name, e-mail address and password). If a User does not have an\naccount with HBO, access to the Service is not possible.\n(vi) The Verification of the country specified in Section 4.1 will be done by the Third Party Agent.\n(vii) If the User wishes to terminate the Agreement, the terms and conditions for termination stipulated in the\n\nThird Party Special Terms shall apply and the User must contact the Third Party Agent and not HBO.\n(viii) Refund claims shall be submitted to the Third Party Agent in accordance with the Third Party Special Terms.\nThe Third Party Agent is responsible for the payment of any refund.\n(ix) If the User has any questions or requests in connection with subscription creation, subscription activation,\nsubscription termination or payment related issues, the User shall contact the customer service of Third Party\nAgent.\n(x) Any request submitted to HBO under GDPR to Anonymize or delete an account, will not terminate the User’s\nobligation to pay the subscription fee to the Third Party Agent. The subscription fee shall always be paid until the\nUser terminates its subscription via Third Party Agent in accordance with the Third Party Special Terms.\n(xi) If a User wishes to switch from a subscription to the Service via a Third Party Agent to a direct subscription\nwith HBO, the User must first terminate the subscription via the Third Party Agent and thereafter register again\ndirectly with HBO using a credit/debit card or other valid payment method. If a User wishes to switch from a direct\nsubscription with HBO to a subscription via a Third Party Agent, the User must first terminate direct subscription\nwith HBO and thereafter register again via the Third Party Agent. HBO will not monitor whether a User has one or\ntwo subscriptions and/or payment methods activated.\n(xii) Receipts or invoices are available via the Third Party Agent.\n(xiii) According to GDPR, the Third Party Agent acts a separate data controller regarding the data collected and\nstored by the Third Party Agent. All data subject requests in connection with data collected, stored or otherwise\nprocessed by the Third Party Agent must be submitted to the Third Party Agent.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}