Last updated: December 05, 2012
Welcome to www.universalhidef.com (the "Site")! Universal Studios Home Entertainment LLC (“USHE”), its parent, subsidiary and affiliated companies (collectively, “NBCUniversal” or “we” or “our” or “us”) maintain the Site for purposes of (i) registering USHE Blu-ray™ disc owners and/or users to provide them with access to BD-Live™ features and offerings via the BD-Live™ Center (“BD-Live™ Center”) and/or pocket BLU™; (ii) registering USHE Blu-ray™ disc and DVD owners and/or users to provide them with access to Digital Copy and UltraViolet™ features and offerings; (iii) allowing such USHE Blu-ray™ disc and DVD owners and/or users to update their preferences; and (iv) 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 any purposes, including the text, images, audio, and video without NBCUniversal’s written permission. NBCUNIVERSAL 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 or any portion thereof, 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. NBCUniversal 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 NBCUniversal 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 NBCUniversal), 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 NBCUniversal immediately of any unauthorized use of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by NBCUniversal). NBCUniversal 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 NBCUniversal 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. NBCUniversal 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 NBCUniversal or its suppliers have expressly allowed you to do so. Some BD-Live™ or 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 NBCUniversal. NBCUniversal 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 NBCUniversal 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. NBCUniversal 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 NBCUniversal.
All contents of the Site are: Copyright © 2011 NBCUniversal 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 NBCUNIVERSAL (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 BD-LIVE™ CENTER, 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 NBCUNIVERSAL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE, NBCUNIVERSAL 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 NBCUniversal 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. NBCUniversal 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 NBCUniversal’s defense of such claim.
7. Submissions. While we are always happy to hear from you, it is NBCUniversal’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 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 NBCUniversal and NBCUniversal or its affiliates may adapt, change, license, perform, sell, reproduce, disclose, transmit, publish, broadcast, post or otherwise use it as they see fit. Furthermore, NBCUniversal 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 NBCUniversal, 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 NBCUniversal are either the property of, or used with permission by, NBCUniversal. 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 NBCUniversal 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 NBCUniversal 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 NBCUniversal 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. NBCUniversal has no obligation to monitor the Communication Features. However, NBCUniversal 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. NBCUniversal 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 NBCUniversal, and such communications shall not be considered reviewed, screened or approved by NBCUniversal. Statements made in chats, forums, bulletin boards, “my movie commentary” features (not available in Canada), and other Communication Features reflect only the views of their authors. NBCUniversal 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 NBCUniversal spokespersons, and their views do not necessarily reflect those of NBCUniversal.
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. NBCUniversal is not responsible for information that you choose to communicate to other users via the Communication Features, or for the actions of other users.
NBCUniversal reserves the right at all times to disclose any content found on the Communication Features as NBCUniversal 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 NBCUniversal'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 NBCUniversal employees, moderators, or staff members.
· Use the Communication Features for any commercial purpose without the express consent of NBCUniversal.
· 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 Blu-ray™ player or 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 writing to us at Universal.Support@hidefsupport.com. 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.
11. Buddies. We may offer you the ability to interact with other users who own the same USHE Blu-ray™ disc as you (“Buddies”) in special features through the BD-Live™ Center. A user who wants to interact may enter another user’s email address to facilitate such interaction. Potential Buddies will always receive an invite which they may accept or decline prior to becoming another user’s Buddy. In the event that a Buddy accepts such invitation, we will use that Buddy’s email address to facilitate the interaction between the two users on an on-going basis. If you want to remove a Buddy from your Buddy-list and/or remove yourself from a Buddy’s Buddy-list, you can do so at any time by clicking “Remove” next to the Buddy’s name in the “MY BUDDIES” section of your Account. Before accepting an invitation to become another user’s Buddy, please be aware that you may receive interactive applications and communications from any USHE Blu-ray™ disc for which you are a registered owner under the applicable username.
12. Digital Copy (Other than UltraViolet™). The NBCUniversal digital copy service (“Digital Copy Service”) provides a digital copy (“Digital Copy”) of a motion picture when you purchase an eligible Blu-ray™ disc or DVD that includes an offer for a Digital Copy of specified content. The Digital Copy Service provides the Digital Copy and other services under certain terms and conditions as set forth herein and on the Digital Copy page (including, without limitation, the "What is a Digital Copy?" section thereof), which are incorporated herein by reference. The Digital Copy Service is operated in the United States by NBCUniversal and/or by a third party on behalf of NBCUniversal and is available only to residents of the United States and Canada. If you do not reside in one of those countries, you may not use the Digital Copy Service.
IF YOU ARE UNDER THE AGE OF 18, PLEASE BE SURE TO OBTAIN YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION BEFORE USING THE DIGITAL COPY SERVICE. CHILDREN UNDER THE AGE OF 13 ARE EXPRESSLY PROHIBITED FROM USING THE DIGITAL COPY SERVICE.
Upon your valid redemption of a Digital Copy offer, NBCUniversal 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. As used herein, “Authorized Devices” shall mean those devices set forth in "What is a Digital Copy?" that meet minimum system requirements as NBCUniversal may establish in its sole discretion from time to time. NBCUniversal 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 NBCUniversal 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 Service or 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 NBCUniversal), 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 use limitation systems associated with the Digital Copy or the associated content.
You may not: (i) modify the Digital Copy or the content in any way, including but not limited to, removing any proprietary notices or labels on the Digital Copy or contained in the associated content; (ii) use your Digital Copy or the associated content in conjunction with any device or service designed to circumvent, avoid, bypass, remove, deactivate, impair, or otherwise defeat, technological measures that control access to, or the rights in, the Digital Copy or the associated content or other work protected by the copyright laws of any jurisdiction; (iii) use the Digital Copy or associated content to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (iv) counterfeit or paste any associated content to any web site or web page; or (v) publicly display, transmit, broadcast or exhibit the Digital Copy or any associated content. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify the Digital Copy, the associated content or these Terms and Conditions. Any third-party owners of associated content are expressly made third party beneficiaries of each of the license and use restrictions set forth in this Section and elsewhere in these Terms and Conditions.
NBCUNIVERSAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS TO, TRANSFER, STORAGE AND/OR USE OF THE DIGITAL COPY SERVICE OR DIGITAL COPY WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT AT ANY TIME AND FROM TIME TO TIME, NBC UNIVERSAL MAY DISCONTINUE OR SUSPEND YOUR ACCESS TO THE DIGITAL COPY SERVICE OR DIGITAL COPY 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 NBCUniversal (or any other copyright owners, as applicable) in any content.
13. UltraViolet™. Leading movie studios, technology companies, and retailers have developed a revolutionary new system for collecting movies and TV shows – UltraViolet™. Currently, UltraViolet enables you to access movies via streaming, as described below. Once UltraViolet is fully implemented, buying once can bring you an unprecedented array of download, disc, and streaming rights to view content on multiple devices and share among up to six members of your family or household (including you). For more information about UltraViolet, visit http://www.uvvu.com
When you purchase an eligible Blu-ray™ disc or DVD that includes an UltraViolet offer, upon your valid redemption of that offer, NBCUniversal 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 Streaming Service”). As used herein, “Authorized Devices” shall mean those devices set forth in http://uvvu.com/faqs.php that meet minimum system requirements as NBCUniversal may establish in its sole discretion from time to time.
You will not be entitled to a refund from NBCUniversal of any portion of the purchase price of your Blu-ray™ disc or DVD if the UltraViolet Streaming 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 Streaming Service of Associated Content. The UltraViolet Streaming Service and Associated Content may be used solely for your personal, private, non-commercial use. You may not use the UltraViolet Streaming 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 NBCUniversal), 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 Streaming 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 Streaming Service or the Associated Content.
You may not: (i) modify the Associated Content in any way, including, but not limited to, removing any proprietary notices or labels contained in the Associated Content; (ii) use your UltraViolet Streaming Service or the Associated Content in conjunction with any device or service designed to circumvent, avoid, bypass, remove, deactivate, impair, or otherwise defeat, technological measures that control access to, or the rights in, the Associated Content or other work protected by the copyright laws of any jurisdiction; (iii) use the UltraViolet Streaming Service or Associated Content to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (iv) counterfeit or paste any Associated Content to any web site or web page; or (v) publicly display, transmit, broadcast or exhibit the Associated Content. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent the UltraViolet Streaming Service or these Terms and Conditions, or circumvent or modify the Associated Content. Any third-party owners of Associated Content are expressly made third party beneficiaries of each of the license and use restrictions set forth in this Section and elsewhere in these Terms and Conditions.
NBCUNIVERSAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS TO AND/OR USE OF ULTRAVIOLET OR THE ULTRAVIOLET STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT AT ANY TIME AND FROM TIME TO TIME, NBCUNIVERSAL MAY DISCONTINUE OR SUSPEND YOUR ACCESS TO ULTRAVIOLET OR THE ULTRAVIOLET STREAMING SERVICE WITHOUT NOTICE TO YOU.
Any capabilities associated with the UltraViolet Streaming Service as permitted hereunder are solely an accommodation to you and shall not constitute a grant or waiver of any rights of NBCUniversal (or any other copyright owners, as applicable) in any content.
15. 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.
16. Site Operations. The Site is controlled and operated by NBCUniversal or a third party authorized by NBCUniversal (“Third Party”) from its offices or such Third Party’s offices within the State of California, United States of America. NBCUniversal 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.
17. 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.
19. Assignment. NBCUniversal 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.
20. Notices. All notices given by you or required under these Terms and Conditions shall be sent by writing to us at Universal.Support@hidefsupport.com. NBCUniversal may give notice to you by means of a general notice on the Site, electronic mail to your email address on record in NBCUniversal's Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in NBCUniversal's Account information.
21. Removal of your Account. You may remove your Account, at any time and for any reason, by writing us at Universal.Support@hidefsupport.com, or by visiting the "MY ACCOUNT" section of the BD-Live™ Center and then selecting the remove button. Please note that a user's removal of his or her Account will not prevent him or her from receiving marketing information from NBCUniversal, 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 NBCUniversal, 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 "MY ACCOUNT" section of his or her Account, or write us at Universal.Support@hidefsupport.com. 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.
NBCUniversal 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 NBCUniversal 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 emails, remove the material permanently, cancel postings, warn users, terminate your Account or take other corrective action it deems appropriate.
22. 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.
24. Language. It is the express wish of the parties that these Terms and Conditions and all related documents have been drawn up in English.
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