Terms of Use

www.ultravioletuniversal.com
Last updated: 1 May 2013


Welcome to www.ultravioletuniversal.com (the "Site")! Your access to and use of the Site is subject to the following terms of use (“Terms of Use”) and all applicable laws. Please read these Terms of Use carefully before using the Site. By accessing and using the Site or any portion thereof, you accept, without limitation or qualification, these Terms of Use.

Universal Sony Pictures Home Entertainment Australia Pty Limited of Level 30, 1 Market Street, Sydney NSW 2000, its parents, subsidiaries and affiliated companies (collectively, “USPHEA’ or “we” or “our” or “ us”) maintain the Site for purposes of: (i) registering USPHEA Blu-ray disc and DVD owners and/or users to provide them with access to UltraViolet features and offerings; (ii) allowing such USPHEA Blu-rayDisc and DVD owners and/or users to update their preferences; and (iii) 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, including the text, images, audio, and video, for any purpose without USPHEA’s prior written permission.

USPHEA 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 A USPHEA-AUTHORISED THIRD PARTY FROM ITS OFFICES WITHIN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. THIS SITE IS INTENDED FOR USE BY USERS IN AUSTRALIA ONLY. USPHEA 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.

USPHEA reserves the right to modify and update these Terms of Use at any time and will post the amended Terms of Use on this Site. Such modifications and updates shall be effective as of the date USPHEA posts amended Terms of Use reflecting such changes on this Site. If, at any point, you do not agree to these Terms of Use 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. 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 of Use often for updates. 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.

1. 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 and download, 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.ultraviolethq.com.

In order to access UltraViolet™ content through this Site, you must have an UltraViolet™ account. In addition to these Terms of Use and our Privacy Policy, your redemption and use of UltraViolet™ shall also be subject to the terms and conditions of the UltraViolet™ Terms of Use and Privacy Policy at http://www.ultraviolethq.com.

ULTRAVIOLET™ IS AVAILABLE ONLY TO RESIDENTS OF AUSTRALIA. YOU MUST BE AT LEAST 18 YEARS OF AGE TO CREATE AN ULTRAVIOLET™ ACCOUNT. IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN MUST FIRST CREATE AN ULTRAVIOLET™ ACCOUNT, ADD YOU TO IT AND THEN ACCEPT ALL APPLICABLE TERMS OF USE AND PRIVACY POLICIES ON YOUR BEHALF IN ORDER FOR YOU TO USE ULTRAVIOLET™.

When you purchase an eligible Blu-rayDisc or DVD that includes an UltraViolet offer, upon your valid redemption of that offer, USPHEA 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 licence to access the applicable motion picture (“Associated Content” via streaming and/or download on Authorised Devices (defined below) provided such viewing is for personal, private, non-commercial use only. Downloading and streaming of UltraViolet™ content is subject to retailer’s terms, which may be limited to three (3) downloads and free unlimited streaming only for the first 12 months after redemption. (“UltraViolet™Service”). As used herein, “Authorised Devices” shall mean those devices set forth in Support that meet minimum system requirements as USPHEA may establish in its sole discretion from time to time.

You will not be entitled to a refund from USPHEA of any portion of the purchase price of your Blu-rayDisc 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 licence in or to the UltraViolet™ Service of 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 USPHEA), 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.

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™ 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™ 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™ Service or these Terms of Use, or circumvent or modify the Associated Content. Any third-party owners of Associated Content are expressly made third party beneficiaries of each of the licence and use restrictions set forth in this Section and elsewhere in these Terms of Use.

USPHEA 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, AND YOU AGREE THAT AT ANY TIME AND FROM TIME TO TIME, USPHEA MAY DISCONTINUE OR SUSPEND YOUR ACCESS TO ULTRAVIOLET™ OR THE ULTRAVIOLET™ SERVICE 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 USPHEA (or any other copyright owners, as applicable) in any content.

2. 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 you to obtain 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.

3. Software.

USPHEA and its suppliers grant you a personal, non-exclusive, revocable licence 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 authorised 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 USPHEA or its suppliers have expressly allowed you to do so. Some Site features, software, and associated content may be accompanied by an end user licence 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 licences 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.

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 of Use without the written permission of USPHEA. USPHEA 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 USPHEA 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. USPHEA 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 USPHEA.

5. PLEASE READ CAREFULLY. THIS SECTION LIMITS USPHEA’S RESPONSIBILITY TO YOU FOR YOUR USE OF THE SITE.

YOUR USE OF THE SITE IS AT YOUR RISK. NEITHER USPHEA (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, “USPHEA 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 USPHEA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ANY USPHEA 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 USPHEA 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 USPHEA 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 USPHEA USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE, USPHEA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ITS ACCURACY. THE USPHEA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. WHILE USPHEA TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO ONLINE SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE USPHEA PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER THAT MAY RESULT FROM UNAUTHORISED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE USPHEA 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 USPHEA PARTIES IS TO STOP USING THE SITE, AND TO CANCEL YOUR ACCOUNT(S). USPHEA 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.

6. Indemnity.

You agree to indemnify, defend and hold the USPHEA Parties harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any USPHEA Party in connection with any of your transmissions or postings to the Site, your use of the Site, any action taken by USPHEA 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 of Use. THIS INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. USPHEA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with USPHEA’s defence of such claim.

7. Submissions.

While we are always happy to hear from you, it is USPHEA’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 USPHEA and USPHEA or its affiliates may adapt, change, license, perform, sell, reproduce, disclose, transmit, publish, broadcast, post or otherwise use it as they see fit. Furthermore, USPHEA 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 USPHEA, 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 USPHEA are either the property of, or used with permission by, USPHEA. 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 of Use or specific permission provided elsewhere on the Site. Any unauthorised 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 USPHEA and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Site without the written permission of USPHEA 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 of Use, is strictly prohibited. You are also advised that USPHEA will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

10. Third Party/Partner Services.

This Site contains links to or references to other web sites owned and operated by third parties. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of USPHEA or any other USPHEA Party. This could be the case even for those web sites that carry USPHEA’s or other USPHEA Parties’ trademarks or logos or which are framed by the Site. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites.

Without limiting the generality of the foregoing, before providing any information to any partner or merchant service page or using its products and services, you should review the terms of use and privacy policy of such websites. USPHEA has not reviewed all of the partner or merchant services, if any, offered within the Site and is not responsible for the content of any partner or merchant service pages or any other services offered within the Site. Your use of any partner or merchant service pages is at your own risk. Your correspondence or business dealings with, or participation in promotions of, partners or merchants found on or through the Site, 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 partner or merchant. USPHEA 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 partners or merchants on the Site.

11. Site Operations.

The Site is controlled and operated by a third party authorised by USPHEA (“Third Party”) from its offices within the State of California, United States of America. this site is intended for use by users in Australia only. USPHEA 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.

12. Privacy Policy.

See our PRIVACY POLICY relating to the collection and use of your information, which is incorporated into and forms a part of these Terms of Use. You hereby consent that USPHEA may use your personally identifiable information in accordance with the terms of the Privacy Policy.

13. United States Export Controls.

Software from this Site is 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.

14. Assignment.

USPHEA may assign Terms of Use, 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.

15. Notices.

All notices given by you or required under these Terms of Use shall be sent in writing to our office address (Level 30, 1 Market Street, Sydney NSW 2000) or by email to usacustomerservice@sonydadc.com. USPHEA may give notice to you by means of a general notice on the Site, electronic mail to your e-mail address on record in USPHEA’s Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in USPHEA’s Account information.

16. Governing Law; Venue.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of New South Wales, Australia. You expressly consent and submit to the exclusive jurisdiction and venue of the courts of New South Wales.

17. General.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference and any separate terms of use/service on any feature of the Site, constitute the entire agreement between you and USPHEA with respect to the Site and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and USPHEA with respect to the Site. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. USPHEA's failure to enforce at any time any of the provisions of these Terms of Use shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by USPHEA of any provision, condition or requirement of these Terms of Use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in these Terms of Use, no default, delay or failure to perform on the part of USPHEA shall be considered a breach of these Terms of Use if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of USPHEA.