Universal Pictures Home Entertainment LLC ("UPHE"), its parent NBCUniversal Media LLC (“NBCUniversal”), subsidiary and affiliated companies (collectively, "UPHE" or "we" or "our" or "us") maintain www.uphe.com and related websites (the "Sites"), games, interactive TV, and any other services, products and any related software or mobile applications offered by UPHE (collectively, the "Online Services"). Welcome to one of our offerings! Thank you for visiting and learning more about us.
TABLE OF CONTENTS
2. Permitted Uses
We only grant you a limited revocable license to use the Online Services for your own non-commercial purposes subject to rules and limitations.
3. Access to the Sites and Availability of Online Services
Your use of our Online Services is subject to various restrictions designed to preserve the Online Services and protect our users. We may change or discontinue our Online Services in whole or in part.
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
The Online Services (including the Sites) may include a social network. You will provide true, accurate and current data if you establish an account. Your activities on the Online Services (including interaction with other members, advertisers, video viewing and audio accessed) may be shared with others.
5. Digital Items, Subscriptions and Credits
Digital items and credits are provided subject to a limited, non-transferable, revocable license to you for certain virtual goods and game play, and have no cash value.
7. Wireless and Location-Based Features
Wireless carrier charges may apply to the use of our Online Services via wireless networks or Devices and you agree to our collection of geo-location information.
8. Your Conduct and Acceptable Use
Your use is subject to our rules.
UPHE may, but has no obligation to, monitor your use of the Online Services.
10. User Content; Grant of Limited License
You grant us a broad license to any content you post on our Online Services. No confidential or fiduciary relationship is created by your posting on our Online Services.
UPHE is not responsible for your business dealings with merchants found on the Online Services.
12. Children's Online Privacy Protection Act Notification
The Online Services are not designed for use by children.
13. Disclaimer of Warranties
We disclaim warranties and provide the Online Services "As-Is."
14. Exclusion of Damages
You agree that you are entitled to no damages for any claims related to your use of the Online Services, except as set out below.
15. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
Our liability is limited.
16. We Are Not Responsible For Third Party Websites and Content
We are not responsible for third parties or their content, advertisement(s), applications or websites.
You agree to indemnify us for any material posted by you.
18. System Abuse
You agree not to undertake any activity which may adversely affect the operation or enjoyment of the Sites by any other person.
You must obtain access to the World Wide Web and pay any service fee associated with that access.
20. Reservation of Rights
UPHE reserves the right to modify or discontinue the Online Services.
We may terminate your account, password or access in our sole discretion.
22. Infringement Policy
You may not post content you do not own or control.
23. Links By You To the Online Services
You may link to our Online Services, subject to some basic rules.
24. Responsible Use of the Online Services
Please act responsibly when using the Online Services.
26. Local Regulations
If you choose to access the Online Services from a location outside of the United States you do so on your own initiative and at your own risk.
27. Export Control
There are restrictions on the Online Services for those countries subject to U.S. export controls.
28. Binding Arbitration of All Disputes. No Class Relief
You agree to arbitrate and waive jury trial and class actions.
29. Dispute Resolution for Non-US Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law
Non-US citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law.
30. Member Disputes
You are solely responsible for your communications with members or visitors to the Online Services.
31. Notice for California Users
Residents of California are entitled to specific consumer rights information.
34. Terms Applicable for Apple iOS
There are some other things you should know if you are accessing or using the Online Services through an Apple Device.
To access the Online Services or some of the resources they have to offer, you may be asked to provide registration details. It is a condition of use of the Online Services that all the details you provide be correct, current, and complete. If we at UPHE believe the details are not correct, current, or complete, we have the right to refuse you access to the Online Services, or any of their resources, and to terminate or suspend your account.
You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a "Device") or other means remove, alter, bypass, avoid, interfere with, or circumvent (a) any copyright, trademark, or other proprietary notices marked on the Online Services or Content, (b) any digital rights management mechanism, tool, technology or other content protection or access control measure associated with the Online Services or Content, or (c) any advertisement on the Online Services and/or within Content. You may not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or re-transmit Content unless expressly permitted by UPHE in writing. You may not incorporate Content into, or stream or retransmit Content via, any hardware or software application or make it available via frames or in-line links, or scrape or aggregate Content from the Site or Online Services. You may not build a business, in whole or in part, or create derivative works or materials utilizing any portion of the Online Services or Content, whether or not for profit.
To the extent that UPHE makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, tool, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both the Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
UPHE may change, suspend or discontinue any aspect of the Sites or Online Services at any time without notice or liability.
You are responsible for any charges incurred in obtaining access to the Sites and Online Services. The Sites and Online Services are currently provided for free, although you may be given the opportunity to purchase products or services through the Sites or Online Services from UPHE. UPHE reserves the right to change the nature of this relationship at any time.
If you establish an account with UPHE, you agree to provide true, accurate and current data. Any usernames and passwords used for the Sites and Online Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify UPHE of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Sites and/or Online Services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the Online Services.
Purchases of usage subscriptions (including credits, points, and/or virtual currency) or any virtual items made available on the Online Services, if any, are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, non-transferable, non-assignable, personal, and revocable right to use, whether or not such purchase included a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. Your right to use may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.
We do not recognize the transfer of usage subscriptions or virtual items (including for "real" money or any other consideration or items of value whether inside or outside of the Online Services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.
If we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing such usage subscriptions or virtual items, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual items, or for loss or damage due to error or any other reason.
(a) Wireless Features. The Online Services may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Online Services' features and upload content to the Online Services, receive messages from the Online Services, and download applications to your wireless Device (collectively, "Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
(b) Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Online Services for Wireless Features, then you agree to notify UPHE of any changes to your wireless contact information (including phone number) and update your accounts on the Online Services to reflect the changes.
In addition, where any UPHE Mobile App collects precise information about the location of your Devices, it will be used to provide requested location services, and, depending on the particular Mobile App it may be used, among other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure, inaccuracy or incorrect use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family-finding purposes, fleet tracking, or any other type of business or enterprise use — other non- UPHE products exist today that may be used specifically for these purposes.
(d) Social media plug-ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) are integrated into our Sites and other Online Services. Where our Online Services contain a plug-in to a social network, these are clearly marked (e.g., with a Facebook button). If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plug-in to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g., you press the Facebook "Like" feature, the Twitter "Tweet this" feature, the Google Plus "+1" button or equivalent) or leave a comment on the relevant web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our Online Services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in, etc., then you may be permitting us to have ongoing access to certain limited information from your social network profile (such as your name, social networking ID page, email address, photo, gender, location, the people/websites you follow, etc.).
The following rules are a condition of your use of and access to the Online Services:
- No Interference. You may not interfere with any other user from using or enjoying the Online Services.
- Don't Damage Our Sites, Online Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Sites, any other Online Services, or to obtain unauthorized access to the Online Services or Content or any data or other information of any third party.
- Don't Damage Anyone's Device. You may not attempt to gain unauthorized access to other Devices, computer systems or networks connected to the Online Services or use the Online Services, Content or any information contained therein for any unlawful purpose. UPHE, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the Online Services violates this provision. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
- Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.
- No Criminal or Unlawful Conduct. You may not engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us once we become aware of any violation of these provisions.
Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between UPHE, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that UPHE does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.
Use of Name and Likeness: By posting User Content on the Online Services, you consent to the recording, use and reuse by UPHE, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, "Personal Elements"), as used, edited, altered, fictionalized or modified by UPHE, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with UPHE, or related Sites or Online Services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
Idea Submissions Prohibited: UPHE does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to UPHE through the Online Services, including posts on our Sites or any third party social network or website, by e-mail, text message or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to UPHE the right and license to the submission as if it were User Content as specifically set forth above. In addition, UPHE retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. UPHE's receipt of your unsolicited ideas and materials is not an admission by UPHE of their novelty, priority, or originality, and it does not impair UPHE’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
Liability for User Content: User Content posted through the Online Services are provided by users like you who are unaffiliated with UPHE, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not UPHE, are entirely responsible and liable for any claims, loss or damages relating to any and all User Content that you upload, post, email or otherwise transmit via the Online Services. UPHE is not responsible for User Content, accuracy or opinions expressed on the Online Services, and UPHE does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Sites or Online Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Online Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. UPHE will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Online Services.
The Sites and Online Services are not designed or intended for use by children under the age of 13.
While UPHE uses reasonable efforts to include up-to-date information on the Sites and Online Services, UPHE makes no warranties or representations as to their accuracy, timeliness, reliability, completeness or otherwise.
YOUR USE OF THE SITES AND ONLINE SERVICES IS AT YOUR OWN RISK. UPHE PROVIDES THE SITES AND ONLINE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UPHE, ITS PARENT (NBCUNIVERSAL), ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE " UPHE PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UPHE DOES NOT WARRANT THAT THE SITES OR ONLINE SERVICES WILL (A) BE UNINTERRUPTED; (B) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (C) MEET YOUR REQUIREMENTS; OR (D) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. UPHE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONLINE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AND ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UPHE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE ONLINE SERVICES OR ANY WEB SITES LINKED TO THE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UPHE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITES, ONLINE SERVICES, OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE UPHE PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITES, ONLINE SERVICES, OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
NONE OF THE UPHE PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITES OR ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF UPHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE UPHE PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES, ONLINE SERVICES, OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, UPHE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (A) YOUR FAILURE TO COMPLY WITH SECTION 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (B) CONTENT POSTED TO THE SITES, ONLINE SERVICES OR ANY OTHER SERVICES BY YOU OR ANY THIRD PARTY.
THE UPHE PARTIES DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITES, ONLINE SERVICES, OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITES, ONLINE SERVICES, OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF UPHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF UPHE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, THE UPHE PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PROVISION WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
THE THIRD PARTY WEBSITES LINKED TO OR FROM THE SITES OR ONLINE SERVICES ARE NOT CONTROLLED BY UPHE. ACCORDINGLY, UPHE MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD PARTY WEBSITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEBSITES. YOUR USE OF THIRD PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITES OR ONLINE SERVICES OF A LINK TO A THIRD PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY UPHE. WHEN YOU ACCESS ANY OF THESE THIRD PARTY SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY WEBSITES.
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Sites by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Sites.
You are prohibited from using any services or facilities provided in connection with the Sites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, UPHE reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
In order to use the Sites or Online Services, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Sites or Online Services on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
UPHE reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Sites, Online Services and/or any software, facilities and services on the Sites and Online Services, with or without notice, and/or to establish general guidelines and limitations on their use.
UPHE respects the intellectual property of others, and we ask our users to do the same. The Sites, Online Services, and Content are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by UPHE on the Online Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by UPHE or others ("Trademarks").
UPHE, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Online Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. UPHE accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property; please send a written notice to the agent identified below to request a review of the alleged infringement:
UPHE Designated Agent
Universal Pictures Home Entertainment
100 Universal City Plaza
Universal City, CA 91608
By e-mail: email@example.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- Your name, address, telephone number and e-mail address;
- A physical or electronic signature of a person authorized to act on behalf of (a) the owner of an exclusive right that is allegedly infringed or (b) the person defamed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Online Services are covered by a single notification, a representative list of such works. Similarly, for Content that is defamatory or infringes patent, trademark, or other proprietary rights of a third party, please submit a list of such Content;
- Identification of the Content that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit UPHE to locate such Content;
- A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Online Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with UPHE or cause any other confusion, and (c) the links and the content on your website do not portray UPHE or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to UPHE. UPHE reserves the right to suspend or prohibit linking to the Online Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Please act responsibly when using the Sites and Online Services. You may only use the Sites, Online Services and their contents for lawful purposes and in accordance with applicable law. You are prohibited from storing, distributing or transmitting any unlawful material through the Sites and Online Services. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Sites or Online Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through the Sites and Online Services are the sole responsibility of the sender, not UPHE, and that you are responsible for all material you upload, publicly post or otherwise transmit on or through the Sites and Online Services.
UPHE makes no representation that Content on the Online Services is appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Online Services from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country where you reside.
Unless otherwise specified, the Content on the Online Services is presented solely to provide information regarding and to promote UPHE's services and other products available in the U.S. The Online Services are controlled and operated by UPHE from its offices within the State of New York. UPHE makes no representation that Content on the Online Services is appropriate or available for use outside the U.S. Those who choose to access the Online Services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Online Services is further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or on the U.S. Commerce Department's Table of Deny Orders. By using the Online Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Section 28 is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and UPHE agree that we intend that this Section 28 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 28 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 29 shall apply to all relevant disputes between you and us.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and UPHE (the "Arbitrator");
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and UPHE; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than US$10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply the internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or UPHE 's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, UPHE will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney's Fees. In the event you recover an Award greater than UPHE 's last written settlement offer, the Arbitrator shall also have the right to include in the Award UPHE 's reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but UPHE shall in all events bear its own attorneys' fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor UPHE shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice. UPHE may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after UPHE has given notice of such modifications and only on a prospective basis for claims arising from UPHE Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against UPHE in your local small claims court within the U.S., if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
(l) Injunctive Relief. The foregoing provisions of this Section 28 will not apply to any legal action taken by UPHE to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Online Services, any Content, your User Content and/or UPHE's intellectual property rights (including such rights that UPHE may claim may be in dispute), UPHE's operations, and/or UPHE's products or services.
This Section 29 applies to non-US Residents, where applicable law prohibits arbitration of disputes in accordance with Section 28.
Universal Pictures Home Entertainment
c/o CT Corporation
818 W 7th Street #200
Los Angeles, CA 90017
Senior Vice President Litigation
100 Universal City Plaza
Universal City, CA 91608
By e-mail: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, UPHE and you will engage in a dialogue in order to attempt to resolve the Section 29 Dispute, though nothing will require either you or UPHE to resolve the Section 29 Dispute on terms with respect to which you and UPHE, in each of our sole discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 29 Dispute.
(d) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 29 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 29(a)) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 29 DISPUTE ARISING - OR IT WILL BE FOREVER BARRED.
(e) Injunctive Relief. The foregoing provisions of this Section 29 will not apply to any legal action taken by UPHE to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Online Services, any Content, your User Content and/or UPHE's intellectual property rights (including such rights that UPHE may claim may be in dispute), UPHE's operations, and/or UPHE's products or services.
You are solely responsible for any interaction with other members or visitors to the Online Services, and UPHE reserves the right, but shall have no obligation, to monitor disputes between you and any other member of UPHE.
Under California Civil Code Section 1789.3, California users of the Online Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
(i) Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service, mobile service, and other services needed for your access to and use of the Online Services and you will be responsible for all charges related to them.
(c) You acknowledge that UPHE, and not Apple, is responsible for providing the Online Services and Content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the Online Services.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Online Services.
(g) Further, you agree that if the Online Services, or your possession and use of the Online Services, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(i) When using the Online Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Online Services.
UltraViolet™. When you purchase an eligible Blu-ray™ disc or DVD that includes an UltraViolet offer, upon your valid redemption of that offer, UPHE grants you and up to five members of your family or household a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited right and license to access the applicable motion picture ("Associated Content") via streaming on Authorized Devices (defined below) an unlimited number of times so long as any such viewing is for personal, private, non-commercial use only ("UltraViolet Service"). For purposes of the use of the UltraViolet Service, "Authorized Devices" shall mean those Internet protocol (“IP”) connected Devices (e.g., personal computers, tablets, smart phones, home video disk players, and IP connected televisions) that comply with specific content usage/protection rules and that meet certain minimum system requirements as Ultraviolet™ may establish in its sole discretion from time to time. You will not be entitled to a refund from UPHE of any portion of the purchase price of your Blu-ray™ disc or DVD if the UltraViolet Service is unavailable for any reason.
You may not sell, rent, distribute, lease, sublicense, broadcast or otherwise assign any right or license in or to the UltraViolet Service or Associated Content. The UltraViolet Service and Associated Content may be used solely for your personal, private, non-commercial use. You may not use the UltraViolet Service or Associated Content for any commercial or illegal purpose. You may not copy, reproduce, transfer, download, capture or store in any physical media (except as expressly authorized by UPHE), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the UltraViolet Service, the Associated Content or any related software. You may not reverse engineer, decompile, disassemble, translate, modify, erase, delete, damage or disable any computer file, software, security technology, copy protection or use limitation systems associated with the UltraViolet Service or the Associated Content.
UPHE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS TO AND/OR USE OF ULTRAVIOLET™ OR THE ULTRAVIOLET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, YOU AGREE THAT AT ANY TIME AND FROM TIME TO TIME, UPHE MAY DISCONTINUE OR SUSPEND YOUR ABILITY TO REDEEM ULTRAVIOLET™ OFFERS INCLUDED WITH eligible Blu-ray™ disc OR DVD PURCHASES WITHOUT NOTICE TO YOU.
Any capabilities associated with the UltraViolet Service as permitted hereunder are solely an accommodation to you and shall not constitute a grant or waiver of any rights of UPHE (or any other copyright owners, as applicable) in any content.
Digital Copy (Other than UltraViolet™). Subject to purchase of an eligible Blu-ray™ disc or DVD that includes an offer for a digital copy ("Digital Copy") of specified content, you may redeem a Digital Copy of a motion picture (or such other specified content) through a Retailer as set forth at UPHE.com/Redeem. The Digital Copy and other services, if any, will be provided to you under certain additional terms as set forth in these UPHE.com/Redeem Additional Terms and on the Digital Copy FAQs page (including, without limitation, the "What is a Digital Copy and how do I get one?" section thereof), which are incorporated herein by reference. This Digital Copy offer is available only to residents of the United States and Canada. If you do not reside in one of those countries, you may not redeem the Digital Copy offer.
IF YOU ARE UNDER THE AGE OF 18, PLEASE BE SURE TO OBTAIN YOUR PARENT'S OR LEGAL GUARDIAN'S PERMISSION BEFORE REDEEMING A DIGITAL COPY OFFER. CHILDREN UNDER THE AGE OF 13 ARE EXPRESSLY PROHIBITED FROM REDEEMING A DIGITAL COPY OFFER.
Upon your valid redemption of a Digital Copy offer, UPHE grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited right and license to retain a permanent Digital Copy on the Authorized Devices (defined below) to which the electronic playback license was initially downloaded, and to view the Digital Copy an unlimited number of times so long as any such viewing is for personal, private, non-commercial use only. For purposes of viewing a Digital Copy, "Authorized Devices" shall mean those IP connected Devices (e.g., personal computers, tablets, smart phones, home video disk players, and IP connected televisions) that comply with specific content usage/protection rules and that meet certain minimum system requirements as the relevant Retailer may establish in its sole discretion from time to time. UPHE will not replace the Digital Copy if you delete the Digital Copy or if you are unable to play the content because the file has been corrupted or otherwise damaged. You will not be entitled to a refund from UPHE of any portion of the purchase price of your Blu-ray™ disc or DVD if the Digital Copy is unavailable for any reason.
You may not sell, rent, distribute, lease, sublicense, broadcast or otherwise assign any right or license in or to the Digital Copy. The Digital Copy may be used solely for your personal, private, non-commercial use. You may not use the Digital Copy for any commercial or illegal purpose. You may not copy, reproduce, transfer, download, capture or store in any physical media (except as expressly authorized by UPHE), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Digital Copy, any associated content or any related software. You may not reverse engineer, decompile, disassemble, translate, modify, erase, delete, damage or disable any computer file, software, security technology, copy protection or usage limitation systems associated with the Digital Copy or the associated content.
UPHE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS TO, TRANSFER, STORAGE AND/OR USE OF THE DIGITAL COPY WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, YOU AGREE THAT AT ANY TIME AND FROM TIME TO TIME, UPHE MAY DISCONTINUE OR SUSPEND YOUR ABILITY TO REDEEM DIGITAL COPY OFFERS INCLUDED WITH eligible Blu-ray™ disc OR DVD PURCHASES WITHOUT NOTICE TO YOU.
Any capabilities to transfer, export and/or store the Digital Copy as permitted hereunder are solely an accommodation to you and shall not constitute a grant or waiver of any rights of UPHE (or any other copyright owners, as applicable) in any of its content, or that of any third party.
Please note that you may redeem either the UltraViolet™ offer or the Digital Copy offer that accompanies each eligible Blu-ray™ disc or DVD purchase, but you cannot redeem both offers for a single eligible purchase.
(a) You acknowledge that when accessing Extras Content, you may be redirected out of the Retailer’s environment and into the UPHE-Hosted Environment (whether or not you are notified or aware of that fact) and that the Retailer has no obligation whatsoever to furnish any maintenance or support services to you with respect to the Extras Content while in the UPHE-Hosted Environment.
(b) To the maximum extent permitted by applicable law, the Retailer disclaims all warranties and liability with respect to the Extras Content while in the UPHE-Hosted Environment.
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