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Component Spacer - Small"},"IsDynamic":true,"OrderOnPage":1},{"Component":{"LastPublishedDate":"0001-01-01T00:00:00","RevisionDate":"2024-11-15T21:03:47","Schema":{"Folder":{"PublicationId":"tcm:0-58-1","Id":"tcm:58-6724-2","Title":"Article"},"RootElementName":"GDSArticleDetail","Publication":{"Id":"tcm:0-58-1","Title":"060 UO.com Website (EN-US)"},"Id":"tcm:58-73882-8","Title":"GDS - Article - Detail"},"Fields":{"heading":{"Name":"heading","Values":["Terms Of Service"],"FieldType":2,"KeywordValues":[]},"shortDescription":{"Name":"shortDescription","Values":["Welcome to the Universal Destinations & Experiences Terms of Service (“Terms of Service” or “Terms”). Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort, Universal City Studios LLC d/b/a Universal Studios Hollywood, Universal Studios LLC d/b/a Universal CityWalk Hollywood, NVU – Vegas LLC d/b/a Universal Horror Unleashed, Universal City Travel Partners d/b/a Universal Parks & Resorts Vacations, their subsidiaries and affiliated companies, NBCUniversal Media, LLC, its subsidiaries and affiliated companies, and Comcast Corporation and its subsidiaries and affiliated companies (collectively, \"Universal\" or “We”, “Our” or “Us”) maintain UniversalDestinationsandExperiences.com, UniversalOrlando.com, UniversalStudiosHollywood.com, UniversalHorrorUnleashed.com and related websites, Mobile Apps, and Wi-Fi Internet services (collectively, the \"services\"). These services include any purchase of admission ticket(s) and/or pass(es) to visit Universal properties through the Sites as defined in Section 1 below.\n
\nThese Terms set out the agreement between us and you regarding how you can use the services and what responsibilities you and we have to each other. PLEASE READ THESE TERMS OF SERVICE CAREFULLY; THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING YOUR ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATED TO CONTRACTING INFECTIOUS AND/OR COMMUNICABLE DISEASES (INCLUDING WITHOUT LIMITATION COVID-19), NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL BY USING THE SITE OR ANY SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE SERVICES. LAST UPDATED NOVEMBER 15, 2024.\n
\n1. Acceptance of Terms of Service
\n2. Permitted Uses
\n3. Access to the Site and Availability of Services
\n4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
\n5. You Agree to Our Privacy Policy and Third-Party Ads
\n6. Wireless and Location-Based Features; Wi-Fi Internet Services; Social Media Plug-ins +
\n7. Your Conduct and Acceptable Use
\n8. Monitoring
\n9. Digital Items, Subscriptions and Credits
\n10. User Content; Grant of Limited License
\n11. Merchants
\n12. Children’s Online Privacy Protection Act Notification
\n13. Disclaimer of Warranties
\n14. Exclusion of Damages
\n15. Limitation of Liability; Applicability of Disclaimers, Exclusions and Limits
\n16. Universal Is Not Responsible for Third-Party Websites and Content
\n17. Indemnification
\n18. Reservation of Rights
\n19. Termination
\n20. Infringement Policy
\n21. Links By You to the Services
\n22. Responsible Use of Site
\n23. Investigations
\n24. Local Regulations
\n25. Export Control
\n26. Litigation of All Disputes; Jury Waiver; No Class Relief
\n27. Express Assumption of Risk & Release of Liability - COVID-19 & Other Infectious and/or Communicable Diseases
\n28. Member Disputes
\n29. Notice for California Users
\n30. General
\n31. Terms Applicable for Apple iOS
\n32. Official In-Park or In-Venue Social Media Giveaway Rules
\n33. Official Social Media Sweepstakes Rules
1. Acceptance of Terms of Service
\nEach time you access and/or use our Sites or services, you agree to be bound by these Terms of Service and any Additional Terms that will apply prospectively to you. You agree to receive notice of posting the new terms via our Sites or services, and your continued use after posting new terms constitutes acceptance of any new and/or revised terms.\n
\nIf you do not agree with any of these Terms of Service, including the Privacy Policy incorporated herein, please do not use our services. By using our services you will be deemed to have irrevocably agreed to these Terms, including as they relate to your assumption of risk and release of liability associated with infectious/communicable diseases (including COVID-19 as defined by the World Health Organization and any strains, variants, or mutations thereof) and your ticket and/or pass purchase and/or hotel accommodations and/or vacation package purchase. Some areas of our services may also be subject to Additional Terms and conditions, which you should read carefully before making any use of those areas. Such Additional Terms will not change or replace these Terms regarding use of our services, unless otherwise expressly stated.\n
\nThese Terms of Service apply when you interact digitally with UniversalDestinationsandExperiences.com, UniversalOrlando.com, UniversalStudiosHollywood.com, UniversalHorrorUnleashed.com and other Internet Sites owned or operated by Universal (the “Site” or “Sites”), Mobile Apps, Wi-Fi Internet access points, and any other services, products and any related software or mobile and/or tablet applications offered by Universal, including any purchase of admission ticket(s) and/or pass(es) and/or hotel accommodations and/or vacation package(s) to Universal’s properties through the Sites and any visits to Universal’s properties using admission ticket(s) and/or pass(es) and/or hotel accommodations and/or vacation package(s) purchased through the Sites. Note that in some instances, both these Terms of Service and separate additional terms or licenses, guidelines, rules or terms of service will apply to your use of some services offered and/or operated by Universal (in each such instance, and collectively, “Additional Terms”). These Additional Terms will be posted in connection with the applicable services and will be in addition to these Terms of Service. Where any direct conflict exists between these Terms of Service, or any Additional Terms, and the applicable Privacy Policy, the terms of the Privacy Policy shall take precedence; however provisions unique to these Terms of Service will remain in effect as outlined here.\n
\nUniversal may modify these Terms of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the services following the posting of any changes to the Terms of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms of Service via posting of updates on our services.\n
\nOur Sites and services are general audience Sites and services for adults. We will assume (and by using our Site(s) or services you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).\n
\nTo access any of the services or any of the resources we have to offer, you may be asked to provide registration details. It is a condition of use of these Terms that all the details you provide be correct, current, and complete. We have the right to refuse you access to the services, or any of its resources, and to terminate or suspend your account for any reason.\n
\nPlease note that these Terms may be revised and reissued, prospectively by posting updated terms on the services. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the services. You should visit this page regularly to review the current terms. Your continued use of the services will be deemed as irrevocable acceptance of any revisions.\n
\nEACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITES OR SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service and any applicable Additional Terms each time you use any of the services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Service (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except your continued use of the Sites or services after you receive notice of an update to the Terms of Service and/or applicable Additional Terms shall be deemed as your acceptance to all such revisions. In the event any notice to you of new or revised Terms of Service or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the e-mail you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised or additional Terms of Service by discontinuing use of the Site and services.\n
2. Permitted Uses
\nWe only grant you a limited revocable license to use the Site or service for your own personal and non-commercial use subject to rules and limitations.\n
\nThe services contain material that is derived in whole or in part from material supplied and owned by Universal as well as third parties (“Content”). As between Universal and You, Universal owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the services and Content. You acknowledge Universal's valid intellectual and proprietary property rights in the services and Content and that your use of the services is limited to the access, viewing and downloading of Content, all solely as authorized by Universal. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the services or Content or to any portion thereof except for the limited rights expressly granted herein.\n
\nYou may use the services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the services or Content, or (iii) any advertisement on the services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the services or Content unless expressly permitted by Universal in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or services with any third party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the services. See Section 21 for terms applicable to use of links to the services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the services or their servers and infrastructure. You may not, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the services or Content, whether or not for profit.\n
\nTo the extent that Universal makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.\n
\nYou are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.\n
3. Access to the Site and Availability of Services
\nYour use of our Site and services is subject to various restrictions designed to protect the services and our users. We may change or discontinue our online services in whole or in part.\n
\nThe Site and services are intended for use by users who are over the age of 18 and reside in the United States, its territories and possessions (“U.S.”) or those outside of the U.S. that consent to use the services in accordance with U.S. laws, this Terms of Service and the Privacy Policy. By using or attempting to use the Site or services, you certify that you meet any other eligibility and residency requirements of the Site.\n
\nUniversal may change, suspend or discontinue any aspect of the Site or services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 (Termination) below.\n
\nYou are responsible for any charges incurred in obtaining access to the Site and services. The Site and services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site from Universal. Universal reserves the right to change the nature of this relationship at any time.\n
\nYou and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our services or these Terms of Service.\n
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
\nThe Sites and services may include social networking features. You will provide true, accurate and current data if you establish an account. Your activities on the services (including interaction with other members, advertisers, video viewing and audio accessed) may be shared with others.\n
\nIf you establish an account with Universal, you agree to provide true, accurate and current data in connection with that account. Any usernames and passwords used for this Site or services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify Universal of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Site and/or services may include social networking features and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the services. If you do not want your activities to be shared, your only option is to deactivate the related account.\n
5. You Agree to Our Privacy Policy and Third-Party Ads
\nBy accessing and using the services, you consent to our Privacy Policy and our practices detailed in it, including targeted advertising and the use of tracking technologies.\n
\nYour privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site and the services. Click here to show this notice, which forms part of these Terms of Service.\n
\nAny personal details and data acquired by Universal from your participation on the services will be used in accordance with our Privacy Policy and Tracking (Cookies) Technologies Policy, including targeted advertising and tracking information we collect automatically. To learn more about how you can opt out of targeted advertising, please click on the “Ad Choices” icon on the Site (where applicable), as described more fully in the Privacy Policy.\n
6. Wireless and Location-Based Features; Wi-Fi Internet Services; Social Media Plug-ins
\nWireless carrier charges may apply to use of our services via wireless networks or devices and geo-location details may be collected.\n
\n(a) Wireless Features. The services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the features and upload content to the services, receive messages from the services, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.\n
\n(b) Universal Wi-Fi Internet Services. Universal, through its providers, offers wireless Internet access to guests at select locations (“Wi-Fi Internet Services”). If you are a XFINITY Internet subscriber your use of the Wi-Fi Internet Services is also subject to your subscriber agreement. You acknowledge that Universal reserves the right, but is not obligated, to monitor the activities of those who use the Wi-Fi Internet Services to ensure the integrity of the service and ensure compliance with these Terms of Service and/or the law. We may record information regarding your usage of the Wi-Fi Internet Services including the geographic locations through which you connect to the network, when and for how long you use the network, and the frequency and size of your data transfers. Universal has the right (but not the obligation) to block or restrict Wi-Fi access to certain third-party applications and third-party Internet websites, within its sole discretion. Universal also reserves the right to disconnect and/or temporarily suspend the Wi-Fi Internet Services without warning.\n
\nThe Wi-Fi Internet Services are subject to the availability, capacity, and other operational limitations of the requisite network infrastructure and associated facilities. You acknowledge and agree that temporary interruptions of the Wi-Fi Internet Services may occur and that Universal shall not be liable for such interruptions. You further acknowledge and agree that Universal has no control over third-party applications and websites which you may use or access during your use of the Wi-Fi Internet Services, and that delays and disruptions of other network transmissions are beyond Universal's control.\n
\nWi-Fi Internet access is not inherently secure and wireless communications can be intercepted by certain third-party technologies. We will not be liable to you or any other party for any lack of security related to your communications on the Wi-Fi Internet Services.\n
\nYou agree not to attempt to bypass network security, program a false IP or MAC address into your device, or to attempt to collect information about other users of the Wi-Fi Internet Services.\n
\n| Terms of Wireless Features. If you register for any Wireless Features or access our Wi-Fi Internet Services then you agree that, in connection with those services, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features or your access to any Wireless Internet Services in accordance with our Privacy Policy. If you have registered via the services for Wireless Features, then you agree to notify Universal of any changes to your wireless contact information (including phone number) and update your accounts on the services to reflect the changes.\n
\n(d) Location-Based Features. For services on mobile devices (“Mobile Apps”) when you use one of our location-enabled services, we may collect and process information about your actual location. Some of the Mobile Apps or services require your location information for the feature to work. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location will be tracked and may be shared with others consistent with the Privacy Policy.\n
\nYour wireless device may be configured to automatically broadcast information to wireless access points, including our Wi-Fi Internet Services. Universal may keep a record of any publicly broadcasted information from those mobile devices configured to communicate with our access points at Universal locations. The data collected by our Wi-Fi Internet Services may include but is not limited to: device MAC address, device ID, date/time stamp, Wi-Fi access point location (which can be associated with an actual physical location), device operating system, radio channel, radio signal strength, radio band, and any user information made available through any Universal Mobile App. This data may be retained by Universal and may be used for, but is not limited to, internal and analytical purposes to ensure the integrity of the wireless network and Apple iBeacon system, to identify wait times and visitation trends for rides, shows and attractions, and to improve your experience at our locations. We may use aggregate information to better understand guest behavior and make improvements to the guest experience (e.g., managing queue line wait times and improving traffic flow).\n
\nIn addition, where any Universal Mobile App collects precise information about the location of your devices, it will be used to provide requested location services, and, depending on the particular Mobile App, it may be used, amongst other uses, to collect aggregate information, allow tagging or to check-in.\n
\nSome Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate device location tracking by us by uninstalling any Mobile App(s) or feature(s). If you visit a location served by our Wi-Fi Internet Services, you can terminate device location tracking by deactivating your device’s Wi-Fi access features. The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other non-Universal products exist today that may be used specifically for these purposes.\n
\nPlease see our Privacy Policy to find out more about how to opt out of providing location information or contact privacy@nbcuni.com.\n
\n| Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (amongst others) are integrated on our Site and other services. Where our services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account, the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g., you press the Facebook “Like” feature or the Twitter “Tweet this” feature) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).\n
\nIf you do not want the social network to collect the information about you described above, or to share it with us and other third parties, please review the Privacy Policy of the relevant social network and/or log out of the relevant social network before you visit our services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser. See our Privacy Policy to find out more about how our Sites contain plug-ins to social media networks.\n
7. Your Conduct and Acceptable Use
\nYour use is subject to our rules regarding acceptable conduct and practices.\n
\nThe following rules are a condition of your use of and access to the services. You are responsible for the content of your communications (including User Content as defined in Section 10) via the services.\n
No Interference. You may not interfere with any other user from using or enjoying the services.\n
No Bullying. You may not use the services to threaten, abuse, harass, or invade the privacy of any third party.\n
Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.\n
Your Materials Must be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.\n
Do not Damage Our Site, Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other services, or to obtain unauthorized access to the services or Content or any data or other information of any third party.\n
No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the services or use the services, Content or any information contained therein for any unlawful purpose. Universal, in its sole and absolute discretion, shall determine whether any content you transmit or receive, or your use of the services violates this provision.\n
No Collection of Personal Information from Other Users and No Commercial Use. You may not collect information about other users of the services in violation of our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.\n
Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with Universal or with any other person or entity.\n
No Criminal or Unlawful Conduct. You may not use the services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.\n
Follow These Terms of Service and Conduct Rules. You may not take any action on the services that violates any applicable law or these Terms of Service.\n
\nWe may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the services or seeking other legal or equitable remedies once we become aware of any violation of these provisions.\n
8. Monitoring
\nUniversal may, but has no obligation to, monitor the use by you and other end users of the services. During monitoring, any information relating to any user or their respective activities on the services may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy Furthermore, Universal reserves the right at all times to disclose any information posted on any portion of the services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Universal's sole and absolute discretion are objectionable or in violation of these Terms of Service.\n
9. Digital Items, Subscriptions and Credits
\nAny digital items and credits are provided subject to a limited revocable license to only you for certain virtual goods and game play and have no cash value.\n
\nPurchases of usage subscriptions (including credits, points, and/or virtual currency) or any virtual items made available on the services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. We may also immediately suspend or terminate the rights we grant you to use subscriptions and virtual items for any or no reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.\n
\nWe do not recognize the transfer of usage subscriptions or virtual items (including for “real” money or any other consideration or items of value whether inside or outside of the services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.\n
\nIf we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.\n
10. User Content; Grant of Limited License
\nYou grant us a broad license to content you post on our services and bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on our services.\n
\nReviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.\n
\nIf you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Universal (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Universal the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that Universal, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Universal under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Universal, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate Universal or any other person or entity to exercise any of the rights granted by you under these Terms of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Service. You agree that Universal, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.\n
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Universal, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that Universal does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.\n
Use of Name and Likeness: By posting User Content on the services, you consent to the recording, use and reuse by Universal, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Universal, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Universal & Resorts, or related Sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.\n
Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by Universal or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Universal.\n
Idea Submissions Prohibited: Universal does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming videos, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Universal through the services, including posts on any Site or any third-party social network or website, or by email, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to Universal the right and license to the submission as if it were User Content as specifically set forth above. In addition, Universal retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. Universal’s receipt of your unsolicited ideas and materials is not an admission by Universal of their novelty, priority, or originality, and it does not impair Universal’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.\n
Public Nature of Services: While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of Universal. You acknowledge that you have no expectation of privacy with regard to any User Content.\n
Liability for User Content: Notwithstanding anything else in these Terms of Service, Universal should not be seen as endorsing any User Content in any way. User Content posted through the services is provided by users like you, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not Universal, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the services. None of Universal or its affiliates, or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the services, nor shall they have any liability for any such User Content. Universal does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Site or services, you may be exposed to User Content that is offensive, indecent, or objectionable.\n
11. Merchants
\nUniversal is not responsible for your business dealings with merchants found on the services.\n
\nYour correspondence or business dealings with, or participation in promotions of, merchants found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Universal will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the services.\n
12. Children’s Online Privacy Protection Act Notification
\nUniversal's services are not designed or intended for use by children under the age of 18.\n
\nProtections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.\n
13. Disclaimer of Warranties
\nAs set forth in detail in this section, we disclaim warranties and provide the services “As Is.”\n
\nWhile Universal uses reasonable efforts to include up to date information on the Site and services, Universal makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.\n
\nUNIVERSAL PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNIVERSAL, ITS PARENT, ITS SUBSIDIARIES, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “UNIVERSAL PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE UNIVERSAL PARTIES DO NOT WARRANT THAT THE SERVICES, OR YOUR ACCESS TO OR USE OF THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE UNIVERSAL PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE UNIVERSAL PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE UNIVERSAL PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE UNIVERSAL PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.\n
14. Exclusion of Damages
\nYou agree that you are entitled to no damages for any claims related to your use of the services, except as set out below.\n
\nNONE OF THE UNIVERSAL PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE UNIVERSAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE UNIVERSAL PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, THE UNIVERSAL PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.\n
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
15. Limitation of Liability; Applicability of Disclaimers, Exclusions and Limits
\nOur liability to you is limited.\n
\nIN NO EVENT WILL THE UNIVERSAL PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO THE UNIVERSAL PARTIES IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.\n
\nBECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, UNIVERSAL PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.\n
16. Universal Is Not Responsible for Third-Party Websites and Content
\nWe are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within our services.\n
\nFor your convenience, the services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY UNIVERSAL. ACCORDINGLY, UNIVERSAL MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY UNIVERSAL. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.\n
17. Indemnification
\nYou agree to indemnify us for material posted by you or through your account.\n
\nYou agree to defend, indemnify and hold harmless Universal, its parent, its subsidiaries, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Universal's servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the services.\n
18. Reservation of Rights
\nUniversal reserves the right to modify or discontinue the Site or services.\n
\nUniversal reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Site or services and/or any software, facilities and services on the Site or services, with or without notice, and/or to establish general guidelines and limitations on their use.\n
19. Termination
\nWe may terminate your account, password or access in our sole discretion at any time and without prior notice.\n
\nUniversal may, in its sole discretion, terminate your password, account (or any part thereof) or use of the services, or remove and discard any User Content or information stored, sent, or received via the services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Site or services, (ii) any unauthorized access or use of the services, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the services shall not affect any right or relief to which Universal may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Universal and its licensors and all rights granted by you to Universal shall survive in perpetuity.\n
20. Infringement Policy
\nYou may not post content you do not own or control or otherwise have the right to post, and we encourage you to report any infringing activity you identify on the services.\n
\nUniversal respects the intellectual property of others, and we ask our users to do the same. The Site and services and materials incorporated by Universal on the Site and services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Universal on the Site and services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Universal or others (“Trademarks”).\n
\nUniversal, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Universal accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property please send a written notice to the agents identified below to request a review of the alleged infringement:\n
\nNBCUniversal\n
\nAttn: DMCA Agent\n
\n100 Universal City Plaza, LRW 6Universal City, CA 91608\n
\nPhone: 818-777-1000\n
\nEmail: dmca.agent@nbcuni.com
\nIn addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:\n