Last updated: 05/03/2010
Welcome to www.universalstudiosentertainment.com (the "Site")! Universal Studios Home Entertainment LLC ("USHE"), its parent, subsidiary and affiliated companies (collectively, "NBC Universal" or "we" or "our" or "us") maintain the Site for your personal entertainment, information, education, and communication, and for additional marketing and customer service purposes. You may use material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, copy, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without NBC Universal's written permission. NBC UNIVERSAL MAY CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME, AND FOR ANY REASON OR NO REASON.
THE SITE IS CONTROLLED AND OPERATED BY USHE OR A USHE-AUTHORIZED THIRD PARTY FROM USHE'S OFFICES OR SUCH THIRD PARTY'S OFFICES WITHIN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. USHE MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS AND OTHER COUNTRIES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF ANY, TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. Please read these Terms and Conditions carefully before using the Site. By accessing and using the Site, you accept, without limitation or qualification, these Terms and Conditions.
Note that certain portions of the Site may be subject to additional terms and conditions that will be made available to you, and to which you must agree, before you may access those portions of the Site. NBC Universal reserves the right to modify and update these Terms and Conditions at any time and will post the amended Terms and Conditions on this Site. Such modifications and updates shall be effective as of the date NBC Universal posts amended Terms and Conditions reflecting such changes on this Site. If, at any point, you do not agree to these Terms and Conditions or any changes or updates thereto, your only remedy is not to use the Site and to cancel any accounts that you may have established to access the Site's features and offerings ("Accounts"). Your continued use of the Site after such changes or updates have been posted will constitute your acceptance of such changes or updates. We encourage you to check these Terms and Conditions often for updates.
1. System Requirements. Use of the Site requires a computer with Internet access (for which your ISP may charge you fees), and certain internet browsing software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
2. User Account, Password and Security. If any part of the Site requires you to open an Account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also be asked to choose a password and a screen name. You may not use a screen name that is used by someone else, is vulgar or otherwise offensive (as determined by NBC Universal), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms and Conditions. DO NOT use personal information that can identify who you are when choosing your screen name. You are entirely responsible for maintaining the confidentiality of your Account information (including screen names and passwords). Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify NBC Universal immediately of any unauthorized use of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by NBC Universal). NBC Universal will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by NBC Universal or another party due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make available your Account to others. Any distribution by you of your Account or related information may result in cancellation of your Account.
3. Software. NBC Universal and its suppliers grant you a personal, non-exclusive, revocable license to use the software and associated content (e.g., text, images, video, graphics, music, sound) made available to you on the Site only for and during the authorized use of the Site and/or the product to which the software and content relate. You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software or associated content unless NBC Universal or its suppliers have expressly allowed you to do so. Some Site features, software, and associated content may be accompanied by an end user license agreement ("EULA") or may indicate specific authorized uses or restrictions, in which case the EULA or those other rights and restrictions will apply. Copyright and other intellectual property laws and treaties protect the software and content associated with the Site.
We may disable some or all of the software at any time and for any reason. Except as otherwise set forth herein, the licenses granted to you to particular software under this section will end on the earlier of the date we disable such software or the date that you or we terminate your Account.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
4. Copyrights. You should assume that everything you see, read, watch or download on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of NBC Universal. NBC Universal or its suppliers own the title, copyright, and other intellectual property rights in the software and associated content made available to you by the Site. Such software and content is licensed and not sold, and NBC Universal and its suppliers reserve all other rights to the software and content not granted herein. You do not have ownership rights to any software or other content made available or accessible on the Site, regardless of how such software and content is used or downloaded. NBC Universal neither warrants nor represents that your use of software, content, and/or other materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with NBC Universal.
All contents of the Site are: Copyright © 2010 NBC Universal and/or its suppliers. All rights reserved.
5. PLEASE READ CAREFULLY. THIS SECTION LIMITS NBC UNIVERSAL'S RESPONSIBILITY TO YOU FOR YOUR USE OF THE SITE. YOUR USE OF THE SITE IS AT YOUR RISK. NEITHER NBC UNIVERSAL (INCLUDING ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AFFILIATES, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AND AGENTS) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (COLLECTIVELY, "NBCU PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, CONTENT, CODE OR SOFTWARE AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OR ALL OF THE NBCU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ANY NBCU PARTY AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCOUNT OR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AN NBCU PARTY'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE NBCU PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. WHILE NBC UNIVERSAL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE, NBC UNIVERSAL MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ITS ACCURACY. THE NBCU PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. WHILE NBC UNIVERSAL TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO ONLINE SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE NBCU PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. IN NO EVENT SHALL NBC UNIVERSAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO NBC UNIVERSAL TO ACCESS THIS SITE.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE NBCU PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE OR USE OF THE SITE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE NBCU PARTIES IS TO STOP USING THE SITE, AND TO CANCEL YOUR ACCOUNT(S). NBC UNIVERSAL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
6. Indemnity. You agree to indemnify, defend and hold the NBCU Parties harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any NBCU Party in connection with any of your transmissions or postings to the Site, your use of the Site, any action taken by NBC Universal or its designees as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred, or in connection with any breach by you of these Terms and Conditions. THIS INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. NBC Universal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NBC Universal's defense of such claim.
7. Submissions. While we are always happy to hear from you, it is NBC Universal's policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as screenplays, stories, original artwork, technical concepts, know-how or techniques. Any communication or material you do transmit to the Site and/or to other users via postings on the Site (including without limitation your use of the Communication Features as defined below), by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be owned by NBC Universal and NBC Universal or its affiliates may adapt, change, license, perform, sell, reproduce, disclose, transmit, publish, broadcast, post or otherwise use it as they see fit. Furthermore, NBC Universal is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By transmitting or posting an unsolicited submission you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that you waive any right to make any claim against NBC Universal, its parents, subsidiaries or affiliates relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
8. Images. Images of people or places displayed on the Site by USHE or NBC Universal are either the property of, or used with permission by, NBC Universal. The use of these images by you, or anyone else at your request or on your behalf, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
9. Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of NBC Universal and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of NBC Universal or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that NBC Universal will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
You agree to use the Communication Features only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Features. NBC Universal has no obligation to monitor the Communication Features. However, NBC Universal reserves the right to review materials posted to the Communication Features and to remove any materials at any time, without notice, for any reason and in its sole discretion. NBC Universal reserves the right to terminate or suspend your access to any or all of the Communication Features at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by NBC Universal, and such communications shall not be considered reviewed, screened or approved by NBC Universal. Statements made in chats, forums, bulletin boards, and other Communication Features reflect only the views of their authors. NBC Universal specifically disclaims any liability with regard to the Communication Features and any actions resulting from your participation in any Communication Features. Moderators and hosts of such Communication Features are not authorized NBC Universal spokespersons, and their views do not necessarily reflect those of NBC Universal.
You acknowledge and agree that your communications with other users via the Communication Features are public and not private communications, and that you have no expectation of privacy concerning your use of these Communication Features. You acknowledge that personal information that you communicate on the Communication Features may be seen and used by others and result in unsolicited communications; therefore, WE STRONGLY ENCOURAGE YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE COMMUNICATION FEATURES. NBC Universal is not responsible for information that you choose to communicate to other users via the Communication Features, or for the actions of other users.
NBC Universal reserves the right at all times to disclose any content found on the Communication Features as NBC Universal deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such content, in whole or in part, in NBC Universal's sole discretion.
Code of Conduct
In furtherance of the foregoing, and by way of example and not as a limitation, you agree not to do any of the following while using the Site:
· Use the Site to do anything illegal.
· Harass, abuse, or spam other users.
· Scream, yell, threaten, or stalk other users.
· Restrict or inhibit any other user from using and enjoying the Site. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.
· Distribute, post, publish, upload, disseminate or discuss defamatory, infringing, obscene, sexual or other unlawful materials like child pornography or illegal drugs including images, audio, video, or text.
· Post links to websites that violate the Code of Conduct.
· Post "spoilers" (critical plot details) about movies or other media in the title of a topic or in a message without a clear notice. To discuss such information in a topic, users should leave the title of the topic as vague as possible, ensuring that no mention of the actual spoiler itself is included, and include a warning (i.e. "SPOILER") in the topic title. In a message post in a non-marked or otherwise unexpected topic, users should leave several blank lines in a post after a warning before revealing any vital plot information.
· Give out information that personally identifies you (e.g., your real name, address, phone number, credit card number, etc.). This information could be used by other users for illegal or harmful purposes. Also, don't give out the personal information of other users.
· Create a username or publish any topic, material or information that other users may be offended by; this includes comments that look, sound like, stand for, hint at, abbreviate, or insinuate any of the following: profane words/phrases, sexually explicit language, sexual innuendo, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances, or illegal activities.
· Create a username or publish any topic, material or information that references controversial religious or political topics, notorious people, organizations, or sensitive current or historical events that may also be considered inappropriate.
· Impersonate or harass NBC Universal employees, moderators, or staff members.
· Use the Communication Features for any commercial purpose without the express consent of NBC Universal.
· Use the Site or any material or information which is made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Upload files or post links to materials that contain viruses, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer or other property of another.
· Advertise or offer to sell or buy any goods or services.
· Use the Site to send, either directly or indirectly, any unsolicited bulk messages or unsolicited commercial communications.
· Create a false identity for the purpose of misleading others.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
· Make false complaints or provide false feedback about other users of the Site.
· Use, download, or otherwise copy, or provide to a third party (whether or not for a fee) any (i) directory of users of the Site, (ii) information about users of the Site, or (iii) Site usage information.
· Interfere with or disrupt networks connected to the Site or violate the regulations, policies, or procedures of such networks.
· Violate any relevant law or posted guidelines or codes relating to the use of the Site.
If you believe that any user's use of a Communication Feature violates this Code of Conduct or any other Terms and Conditions, please report such violation to us by using the contact form located at http://www.universalstudios.com/contact_form.php?email_id=10. We cannot guarantee that we will respond to your message, and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
12. Governing Law; Venue. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State, excluding that body of California law concerning conflicts of law. You expressly consent and submit to the exclusive jurisdiction and venue of the state or federal courts located in Los Angeles County, California, and each party irrevocably waives any and all rights to trial by jury.
13. Site Operations. The Site is controlled and operated by NBC Universal or a NBC Universal-authorized third party ("Third Party") from its offices or such Third Party's offices within the State of California, United States of America. NBC Universal makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. United States Export Controls. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, 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.
16. Assignment. NBC Universal may assign Terms and Conditions, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Account and cease using the Site.
17. Notices. All notices given by you or required under these Terms and Conditions shall be sent to us via the contact form located at http://www.universalstudios.com/contact_form.php?email_id=10. NBC Universal may give notice to you by means of a general notice on the Site, electronic mail to your e-mail address on record in NBC Universal's Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in NBC Universal's Account information.
18. Removal of your Account. You may remove your Account, at any time and for any reason, by visiting the account management section of your Account. Please note that a user's removal of his or her Account will not prevent him or her from receiving marketing information from NBC Universal, its affiliates and/or subsidiaries or other service providers on the Site. In the event that a user wishes to stop receiving any such marketing information from NBC Universal, its affiliates and/or subsidiaries or other service providers, the user should select the "unsubscribe" link at the bottom of any message (if available), adjust preferences in the account management section of his or her Account, or write to us. In order to unsubscribe from receiving marketing information from other websites or services offered through the Site or otherwise, the user should contact the appropriate company to unsubscribe from receiving such marketing materials or information.
NBC Universal may terminate your Account, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Without limiting the foregoing, if NBC Universal believes, in its sole discretion, that a violation of these Terms and Conditions or any EULA or other license agreement entered into by you has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, terminate your Account or take other corrective action it deems appropriate.
19. Infringement Policy. The United States Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notification requesting that the material be removed, or access to it blocked. The DMCA requires that notification of claimed copyright infringement be sent to our designated agent, who is:
Gillian M. Lusins
NBC Law Department
30 Rockefeller Plaza, RM. 1081E
New York, NY 10009
To be effective, the notification must include the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification 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.
21. Language. It is the express wish of the parties that these Terms and Conditions and all related documents have been drawn up in English.
© 2010 NBC Universal