THIS WEBSITE (www.uvvu.com) ("WEBSITE") IS CONTROLLED AND OPERATED BY THE DIGITAL ENTERTAINMENT CONTENT ECOSYSTEM (DECE) LLC ("DECE" or " we"). DECE IS A LIMITED LIABILITY COMPANY FORMED IN DELAWARE, USA (COMPANY NUMBER 4536477).
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DECE. PLEASE READ THESE TERMS CAREFULLY.
Conduct In Connection with the Website
In addition to any other requirements associated with the accessing, browsing and/or use of the Website, you may not and agree not to:
- obtain or attempt to gain unauthorized access to any UltraViolet Account to which you are not a Member, or obtain or attempt to gain unauthorized access to UltraViolet content to which you do not have permission or authority to access;
- alter, edit, delete, obscure, otherwise change the meaning or appearance of, enclose, repurpose, redistribute, republish or publicly perform any of the Website content, including by linking to, hosting, embedding, streaming, framing and/or using any other means;
- alter any trademarks, trade names, logos, service marks, promotional taglines, copyright notices or warnings or any other proprietary content or proprietary rights notices included therein or thereon;
- engage in spidering, screen scraping, database scraping, harvesting of email addresses or other personal information from or through the Website, including, without limitation, any information residing on any server or database connected to the Website;
- use the Website in any manner that could interrupt, damage, disable, degrade, overburden or impair the Website or interfere with any other Member's use and enjoyment of the Website or UltraViolet;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else's attempt to do any of the foregoing) with any part or portion of the Website, including without limitation, any security aspects or content protection of Website content;
- upload, post, link to, transmit, distribute or otherwise publish to, on or through the Website, any information, content, or materials that are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, or which causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property rights or otherwise is in breach of or violates any applicable law or regulation, including, without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation;
- use the Website to violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- impersonate or misrepresent yourself or your connection to any other entity or person;
- upload, post, link to, transmit, distribute or otherwise publish any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
- post or otherwise distribute untruthful or incorrect information that may mislead others with respect to certain functions or features of the service;
- use the Website to harvest information about Members for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk mail or other communications;
- resell or redistribute the Website to anyone else either permanently or temporarily;
- use the Website for any commercial purpose;
- publish, distribute or disseminate any topic, name, material, file or information that incites discrimination, hate or violence towards one person or a group because of their race, religion, nationality, transgender status, homosexual status or HIV/AIDS status, or that insults the victims of crimes against humanity by contesting the existence of those crimes; or
- use the Website, in whole or in part, in violation of any applicable law or regulation.
IF YOU VIOLATE OR CIRCUMVENT, OR ATTEMPT TO VIOLATE OR CIRCUMVENT, ANY SECURITY, CONTENT PROTECTION OR OTHER TECHNOLOGY OR ANY APPLICABLE LAWS, REGULATIONS OR REQUIREMENTS ASSOCIATED WITH USE OF THE WEBSITE OR ULTRAVIOLET, YOU MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL LIABILITY.
You may link to the homepage of the Website, but you must only do so in a way that is fair, does not damage the reputation of DECE and/or the UltraViolet service, and does not suggest any form of association, approval or endorsement of you, your goods or services and/or your website by DECE.
Intellectual Property Matters
As between you and DECE, DECE owns, solely and exclusively, all rights, title and interest in and to the Website and all of the content, software, code, data and other materials thereon, and the look-and-feel, design and organization of any aspect thereof, including any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein (collectively, the "UltraViolet Website Material"). Your use of the Website does not grant to you ownership or title of, in or to any UltraViolet Website Material. The UltraViolet Website Material is for your personal and non-commercial use only. You may not reproduce, distribute, copy, perform, display, modify, create derivative works from, or offer for sale any information contained on or obtained from or through the Website or the UltraViolet Website Material, without the express written consent of DECE. In particular, you are not permitted to republish any part of the Website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without DECE's prior written permission.
The trademarks, trade names, domain names, service marks, logos and other distinctive brand features associated with the Website are proprietary to DECE and other third parties. Nothing contained in or provided through the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, domain names, service marks, logos or other distinctive brand features without DECE's written permission or that of the third-party rights holder.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, FUNCTIONS, USER INTERFACES, AND MATERIALS THEREOF OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT ANY PROMISES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, (b) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, (c) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (d) THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, (e) THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, (f) THAT ANY OF THE FEATURES OR FUNCTIONALITY ASSOCIATED WITH THE WEBSITE WILL BE AVAILABLE AT ANY GIVEN TIME OR FOR ANY DURATION, OR (g) THAT YOUR USE OF THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. DECE, ITS AFFILIATES, MEMBERS, CONTRACTORS, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "DECE ENTITIES") HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE DECE ENTITIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT AS A RESULT OF YOUR ACCESS TO OR USE OF THE WEBSITE. YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU SHOULD DISCONTINUE USING THE WEBSITE.
THE WEBSITE MAY INCLUDE DESCRIPTIONS OF PLANS FOR THE DEVELOPMENT AND LAUNCH OF ULTRAVIOLET AND FEATURES THEREOF IN VARIOUS JURISDICTIONS. THESE PLANS DO NOT CONSTITUTE A GUARANTEE OR COMMITMENT TO YOU AND DECE RESERVES THE RIGHT TO CHANGE THE ULTRAVIOLET SERVICES IT ELECTS TO OFFER AT ANY TIME WITHOUT NOTICE.
DECE may exercise any of its rights hereunder and/or perform any of its obligations directly or through third parties. Any rights granted to DECE, including any releases from or limitations on liability, extend equally to third parties acting on DECE's behalf.
Claims of Copyright Infringement
DECE respects the intellectual property rights of others, and requires that the individuals who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to DECE's copyright agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
· your address, telephone number, and email address;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the alleged infringing material is located;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
· a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or authorized to act on the owner's behalf.
1807 Santa Rita Road
Pleasanton, CA 94566
Phone: +1 (415) 508-4344
Links to Other Materials or Websites
The Website may link to or reference other third party websites or companies. The linked websites are not under the control of DECE, and DECE is not responsible for the content of any linked website or any link contained in a linked website. DECE reserves the right to terminate any link or linking program at any time. DECE does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party websites linked to the Website, you do this entirely at your own risk.
Unsolicited Submission Policy
DECE DOES NOT WISH TO RECEIVE UNSOLICITED SUBMISSIONS, INCLUDING, WITHOUT LIMITATION: IDEAS, INFORMATION, SAMPLES, DEMOS, MARKETING PLANS, DESIGNS OR COPYRIGHT MATERIALS ("SUBMISSIONS") PROVIDED TO DECE FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION: NEW ADVERTISING CAMPAIGNS, PROMOTIONS, PRODUCTS, TECHNOLOGIES OR PROCESSES. THE PURPOSE OF THIS UNSOLICITED SUBMISSION POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DECE'S PRODUCTS, SERVICES OR MARKETING STRATEGIES WHICH MIGHT SEEM SIMILAR TO SUCH SUBMISSIONS. SHOULD YOU SEND DECE SUBMISSIONS YOU CONFIRM BY DOING SO THAT YOU ACCEPT THAT DECE WILL NOT TREAT THOSE SUBMISSIONS AS CONFIDENTIAL OR PROPRIETARY AND THAT YOU PROVIDE DECE WITH THE RIGHT TO USE AND EXPLOIT SUCH SUBMISSIONS ON A WORLDWIDE, SUBLICENSABLE, ROYALTY-FREE BASIS, IN PERPETUITY HOWSOEVER DECE DEEMS FIT.
Resolving Disputes (United States)
If you are resident in the United States or accessing the Website from the United States, this Section entitled Resolving Disputes/United States applies to you and any claims relating to the Website or your usage thereof.
1. Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice (a "Notice") by first class United States mail to DECE at:
1807 Santa Rita Road
Pleasanton, CA 94566.
Any Notice must include your full legal name and a valid return address for you in order to be effective. Neither of us may start a formal proceeding (except for Claims described in subsection 3 below) for at least sixty days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the email address on file with us.
American Arbitration Association
1633 Broadway, 10th Floor New York, New York 10019
Web site: www.adr.org
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (" FAA"), and not by any state law concerning arbitration.
3. Small Claims: Instead of proceeding to arbitration, you have the option to pursue a Claim in small claims court (or the equivalent) so long as (1) the Claim remains in that court, and (2) is made solely on your behalf. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
4. Cost Sharing. Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable arbitration rules. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. However, we will advance or reimburse your fee if the arbitration firm or arbitrator determines there is good reason requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
7. Exception. Prior to the appointment of an arbitrator, nothing herein shall prevent a party from seeking temporary injunctive relief in any court of competent jurisdiction, without waiving the right to arbitration.
Resolving Disputes (Non-United States)
If you are not a resident in the United States nor accessing the Website from the United States, this Section entitled Resolving Disputes (Non-United States) applies to you and any claims relating to the Website or your usage thereof.
Entire Agreement; Interpretation.
Effective Date: November 14, 2013