TERMS AND CONDITIONS

This section sets forth the terms and conditions (hereinafter, the “General Conditions”) for the use of the content and services (hereinafter, the “Services”) of “Qube” mobile application (hereinafter, “QUBE”). QUBE and the Services are provided by the company named in clause 13 hereof (hereinafter, “HBO”). If You do not agree to these General Conditions please leave QUBE and abstain from using the Services offered in it. The use of QUBE by User shall constitute User’s full and unrestricted agreement to the General Conditions herein contained. The terms “You”, “Your”, “User”, and all conjugates of such terms, as used hereinafter, shall indistinctly refer to all the individuals and/or legal entities that access QUBE for any reason whatsoever. 1 ABOUT QUBE QUBE is an interactive mobile application that provides a scanning tool to connect the digital world with the physical world. When the QUBE icon appears on your Cinemax or HBO television channel or in other media, you scan the icon using the QUBE application. You will then be redirected to a separate site or service, where you may be able to access benefits, special offers, from third-party advertisers and/or business partners, or even HBO (hereinafter, the “Benefits”). The Benefits may include discounts and promotions for products and/or services from third party advertisers and or business partners, and/or special Cinemax and/or HBO content. 2 ACCESS TO QUBE. 2.1 Access to QUBE. Access to and use of QUBE does not require prior subscription or registration by User. However, by registering, Users maximize their QUBE experience. 2.2 Use of QUBE. 2.2.1 User may only use QUBE in accordance with these General Conditions and the applicable law referred to in clause 13 hereof. 2.2.2 User shall abstain from using QUBE for any purposes or for any effects that are illegal or contrary to the provisions of these General Conditions, or which infringe on HBO’s or any third parties’ rights and/or interests, or which could harm, disable, overload, deteriorate, or otherwise impede the operation of QUBE or prevent the regular use of QUBE by Users. 2.3 QUBE Content. 2.3.1 The content available by using QUBE, including, text, information, graphics, images, logos, trademarks, computer programs, databases, designs, functional architecture, and any other material (hereinafter, the “Content”) is protected by the applicable law of each jurisdiction pursuant to clause 13 hereof, including, without limitation, the laws on copyright, patent, trademark, utility models, industrial designs, and domain names. 2.3.2 HBO grants a limited and temporary authorization to use the Content for personal, non-commercial purposes. 2.3.3 All Content is the property of HBO and/or any of its related companies and/or third party content providers. Unauthorized use, adaptation, reproduction and/or marketing of the Content is punishable under the applicable laws of each jurisdiction. 2.3.4 The program code (including but not limited to object code and source code) developed by, or on behalf of HBO is the property of HBO and/or its licensors, is protected by the applicable law, and You shall not copy, adapt, dissemble, reverse engineer, manipulate or otherwise utilize the program code to generate and / or operate Your mobile application, or for any other purpose. 2.4 QUBE’s Permitted Use. 2.4.1 General Rules: QUBE may only be used for the purposes described in these General Conditions and not for any purposes that are contrary to applicable laws. 2.4.2 Prohibited Uses: Users shall not use QUBE to transmit, distribute, store, or destroy material: (i) which violates applicable law or (ii) in such way as to infringe third parties’ rights or to violate the confidentiality, privacy, or other rights of any other person or persons. QUBE may only be used for legal purposes to access information relating to the Services that are available through it. HBO specifically prohibits any use of QUBE intended to: 2.4.2.1 Provide incomplete, false or inaccurate biographical data. 2.4.2.2 Register more than one account for any single User. 2.4.2.3 Use any mechanism to prevent or try to prevent the adequate operation of QUBE or the Services. 2.4.2.4 Disclose or share Your password with third parties, or use Your password for unauthorized purposes. 2.4.2.5 Use or attempt to use any machine, software, tool, agent or other mechanism to navigate or search in QUBE, other than the search tools provided by HBO in QUBE. 2.4.2.6 Try to crack, decompile, reverse engineer, or otherwise obtain the source code of any of QUBE’s software programs. 2.4.3 QUBE Security Rules: Users shall not breach or attempt to breach QUBE’s security, including, without limitation: (i) accessing to data not intended for such User or entering a server or account the access to which is not authorized to such User; (ii) evaluating or testing the vulnerability of any system or network, or violating the security measures or identification without due authorization; (iii) trying to prevent the use of the Services by any User, host or network, including, without limitation, by sending viruses to QUBE or by saturation or denial of service attacks; (iv) sending unrequested emails, including promotions and/or advertising of products or services; or (v) altering or falsifying any TCP/IP packet header or any portion of the information in the header of any email. System or network security violations are criminal offenses and could result in both criminal and civil liability. HBO shall investigate any cases of system security violations and may notify the competent authorities, so that action may be taken against any Users involved in any such violations. 2.4.4 HBO reserves its right to suspend or terminate any User who, in HBO’s sole and absolute discretion and opinion, does not meet the standards defined in these General Conditions or in HBO’s then current policies, and shall no way be liable to such user for any compensation, indemnification, or damages whatsoever. 3 USER’S PERSONAL DATA. REGISTRATION WITH QUBE. 3.1 If You register with QUBE, You may be asked to provide certain information to HBO, which may include but which is not limited to full name; country, province/state, and city of residence; date of birth; gender; valid email address; and a picture which will be included in your QUBE profile, so as to provide you a more personalized experience. 3.2 HBO reserves its right to process information for the purpose of offering You products and services from HBO, its affiliates, other advertisers, and/or business partners based on the preferences You indicated upon registering or at any time thereafter, and/or through your interaction with QUBE; such products and services may be offered by HBO, its affiliates, other advertisers, and/or business partners. 3.3 Please consult QUBE’s Privacy Policy to learn more about the treatment of your personal data. 3.4 User shall be responsible for all use of User’s account, irrespective of whether such use was authorized by You. You shall give HBO immediate notice of any unauthorized use of your account or password. 3.5 Users who are registered with and/or who use QUBE warrant that all information User provided is true, accurate, current, and correct, and promise to keep such information current and accurate, by updating such information in QUBE or giving notice to HBO of any changes as specified in clause 13 hereof. 4 MINORS 4.1 You must be at least 18 years of age, or the age of majority in your state, province, territory, and/or country to use QUBE and/or enjoy the Services. 4.2 QUBE and/or the Services offered through QUBE are not addressed to, and have not been designed for use by, minors. It is possible, that at any time, the language or other materials accessible in or through QUBE may be inappropriate for minors or offensive to other Users. If You decide to use QUBE, You acknowledge and agree that You may be exposed to graphic images and sounds, which could contain nudity, sexual activity, violence, adult language, or other adult themes or situations. You agree that Your use of the Site is at Your own risk and that HBO will not be liable to You based on the type of Content accessed or which may be accessed. It is Your responsibility to ensure that the manner in which You access or allow access to content does not violate the laws or other applicable regulations. 4.3 By accessing QUBE and using the Services, You confirm that You are of legal age. 5 USER’S LIABILITY. 5.1 User represents, acknowledges, and agrees that the use of QUBE, the Services, and/or the Content is at the User’s sole and exclusive risk and responsibility. 5.2 Moreover, any User who obtains the Benefits by using QUBE, is fully and exclusively responsible and liable for the payment of any and all sums of money and other obligations, present or future, in connection with the offering, allocation, delivery and/or procurement of the Benefits, including but not limited to, as an example, any transportation or accommodation expenses, and/or all taxes necessary to access the Benefits, as applicable. 6 WARRANTY AND LIABILITY DISCLAIMER. 6.1 HBO does not warrant the availability or continued operation of QUBE, the Services, or the Benefits offered. Not all Services, Benefits, and/or content are generally available in all geographical areas. Additionally, HBO does not warrant or guarantee the use or functionality of QUBE or the Services for performing any specific activity, nor does it guarantee the infallibility thereof, and in particular, without limitation, HBO does not guarantee that Users will be able to effectively utilize QUBE, accesses the various sites and Benefits accessible through QUBE or those Sites from which the Services are provided. 6.2 HBO does not warrant or guarantee that QUBE will be free of errors or that QUBE and/or its servers will be free from computer viruses or other malware. 6.3 QUBE and the Services are provided “as is”, without any warranties whatsoever. HBO reserves the right to remove, delete or modify QUBE and/or any Content published in QUBE at any time without prior notice. 6.4 HBO does not warrant the accuracy, truthfulness, completeness, currentness, or validity of the Content, the Services, Benefits, software, texts, graphics, or links. 6.5 HBO does not warrant the availability, operation, quality, or delivery of, or make any other warranty in connection with the Benefits offered through QUBE, in particular those offered by third parties. 6.6 HBO shall in no case be liable for any damages (whether sustained by Users, any third parties, and/or their respective property) including, without limitation, direct and/or indirect damages, loss of profit or loss of chance arising from or in connection with the use or inability to use, or failure of QUBE and/or in connection with the Benefits offered through QUBE, irrespective of whether HBO has been advised or warned of the likelihood of such damages. 6.7 The Benefits offered through QUBE are only effective during a specific time period, and are subject to the advertisers’ and/or other business partners’ who are offering said Benefits making them available, according to the circumstances prevailing at the time each such Benefit is granted. Additional terms and conditions may apply to each such Benefit, as imposed by the advertisers and/or other business partners offering said Benefit. The lack of availability of the Benefit for any reason shall not give rise to any right of action or any right of compensation to User from HBO. In this regard, HBO disclaims any and all liability for damages of any nature whatsoever which may be sustained by Users, any third parties and/or their property arising in connection with the Benefits, including, without limitation, failure by the advertisers and/or other business partners offering said Benefits to provide same, and damages arising from the operation, availability (or unavailability), quality, use and/or impossibility to use the Benefits. You acknowledge and agree that HBO is a mere intermediary, third party to any relationship that may arise between You and the provider(s) of the Benefits. In such regard, QUBE Users who access the Benefits offered through QUBE hereby waive any and all claims, causes of action, suits, and demands against HBO for any damages or other harm sustained by User in connection with the use of QUBE for such purpose, with particular regard to those Benefits provided, made available, or advertised by third parties. 6.8 HBO disclaims any and all liability for damages of any nature whatsoever that could arise from the actions of unauthorized third parties with respect to Users’ personal data, as well as the Services offered at QUBE. 7 LINKS TO OTHER SITES. 7.1 QUBE contains and/or provides links to other Internet sites. HBO does not support, manage, or control the content of such websites. HBO is not liable for the content of the websites of advertisers, business partners and/or other third parties and makes no representation or warranty in connection with the content or accuracy of such websites. HBO is not liable for the data recollected by such websites. If You decide to access to such websites, You do so at your own risk. In such regard, User understands that such websites belong to and are controlled by third parties who are independent of HBO, and agrees that HBO shall not be liable for any damages (whether sustained by Users, any third parties and/or their respective property) including, without limitation, direct and/or indirect damages, loss of profit or loss of chance arising from the use or inability to use, or failure of such websites, which User accesses (or attempt to access) through QUBE, even if HBO has been advised or warned of the likelihood of such damages. 8 UNAUTHORIZED ASSIGNMENT OR COMMERCIAL USE. 8.1 You agree not to, and shall not assign, any of Your rights or obligations under these General Conditions. Furthermore, You agree not to make any unauthorized or commercial use of QUBE. 8.2 User also undertakes to use QUBE and the Services in a diligent manner, in compliance with the applicable law in force and these General Conditions. 9 CANCELLATION. 9.1 HBO may, but has no obligation to , issue warnings, provisional suspensions, and/or permanent cancellations (termination of membership) of Users where, in the sole and absolute discretion of HBO, a User has violated one or more of these General Conditions, any notice, regulations of use and/or instructions given to User by HBO. 9.2 Notwithstanding the provisions in 9.1 above, HBO reserves its right, at its sole and absolute discretion, (but has no obligation to) to seek all remedies available to it under applicable law, in the event that You violate one or more of these General Conditions. 9.3 HBO may, (but has no obligation to), suspend and/or withdraw the QUBE application either on a temporary or permanent basis, in its sole an absolute discretion, without any prior notice to Users. 10 INDEMNITY. You agree to, at HBO’s sole and absolute discretion, defend, indemnify, and hold HBO harmless from and against any and all charges, actions or claims, including, without limitation, reasonable legal expenses resulting from your use of QUBE, the Content and the Services. 11 GENERAL. 11.1 HBO reserves the right to modify these General Conditions, in whole or in part, at any time. HBO may notify Users of any such changes either by sending a communication to User to the email address registered with QUBE, or by means of a notice to User at the time User accesses QUBE, or while User is using QUBE. 11.2 User agrees that the communication sent by HBO to such email address or by means of a notice to be given at the time User accesses QUBE or while User is using QUBE shall be fully effective and regarded as a notice given by conclusive means. User waives the right to raise any objections to the notices sent by HBO to such email address. Likewise, in the event User continues to use QUBE after being notified of any such changes to these General Conditions, such continued use shall be deemed acceptance by User of the new General Conditions. 11.3 Should any of the clauses of these General Conditions be declared null and void, or otherwise be found to be unenforceable, such nullity will not affect the validity of the remaining clauses, which shall remain valid and in full force and effect. 11.4 These General Conditions, together with the Privacy Policy represent the entire agreement between You and HBO in relation to the use of QUBE. 12 EFFECTIVE TERM AND TERMINATION. The provision of QUBE and its Services shall be effective indefinitely. Notwithstanding the foregoing, HBO may to terminate or suspend the provision of QUBE and/or any of the Content or Services, at any time. 13 LOCALIZATION. 13.1 For Users located outside of Brazil: These General Conditions and our Privacy Policy 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 General Conditions 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 General Conditions 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: - claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; - claims that arose before this Agreement or any prior agreement; - claims that may arise after the termination of this Agreement. 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 General Conditions. 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. 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 General Conditions 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. 13.2 For users located in Brazil: These General Conditions 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. 13.3 For Users located in Argentina: These General Conditions are governed and construed in accordance with Argentine law. In case of disputes, claims or controversies, You and HBO agree to settle such disputes in an amicable manner. Accordingly, You must first send an email to HBO describing in detail such dispute, claim or controversy (the “Notice”). The Notice shall be sent to the following email address: contactohbogo@hbo-la.com. The Notice shall (i) describe the nature and grounds of your claim or dispute; and (ii) describe Your specific petition to settle the dispute. If You and HBO fail to reach an agreement to settle the dispute within a term of 30 days following receipt of the Notice by HBO, You may then institute legal proceedings in connection with your claim. In such case, the User submits to the jurisdiction of the Ordinary Courts of the City of Buenos Aires, expressly waiving any other venue and / or jurisdiction. 13.4 QUBE and all the Services set forth in these General Conditions are managed and provided by HBO Digital Latin America, LLC, domiciled at 396 Alhambra Circle, Suite 400, Coral Gables, Florida 33134, United States of America. 14 CONTACT If You have any queries regarding these General Conditions when using QUBE, You can reach us by email at: contactohbogo@hbo-la.com for assistance in Spanish; contacthbogo@hbo-la.com for assistance in English; or contatohbogo@hbo-la.com for assistance in Portuguese. These Terms and Conditions were last updated on February 18, 2020.