Effective Date: 11-Aug-2014
UltraViolet is operated by the Digital Entertainment Content Ecosystem (DECE) LLC, a Delaware limited liability company located in the United States. You may contact us by mail at 1807 Santa Rita Road, Suite D235, Pleasanton, CA 94566 USA or by email at firstname.lastname@example.org.
PLEASE NOTE THAT SECTION IX CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US. Please review these Terms carefully before using the Services.
You accept the Terms by accessing or using the Services or by otherwise indicating your consent. We may change these Terms or modify any features of the Services at any time. We will post notice of modifications to these Terms on this page. Changes will become effective 14 days after they are posted, except that changes due to laws, regulations, code of practice, or similar requirements or to reflect new features are effective immediately. You accept any changes to the Terms by continuing to access or use the Services after we post the changes.
The Services include a cloud-based, digital video rights locker, which is a centralized repository that stores data about and enables you to manage the rights for video content that you have obtained from third parties (the “UltraViolet Library”). You must be at least 13 years old to have an UltraViolet Library. If you are 13 to 17 years old, you must obtain consent from your parent or legal guardian to have an UltraViolet Library.
You agree to provide accurate and complete information and to keep your information current. You are solely responsible for all use of the Services and are responsible for maintaining the confidentiality and security of your password and UltraViolet Library. This includes any use of and access to the Services by minors or others whose use of or access to the Services you authorize, even if such use or access is a result of your failure to set appropriate parental or other controls. In the event of a security breach, including unauthorized access or use of your UltraViolet Library, you will immediately notify us at email@example.com.
You may not share your UltraViolet Library with more than six users. You may access and use only a single UltraViolet Library. Your UltraViolet Library may be linked with up to twelve authorized third-party UltraViolet-compatible players, such as smartphones and tablets (“UltraViolet-Compatible Players”). Each UltraViolet-Compatible Player may be linked to only one UltraViolet Library at any given time. You can unlink an UltraViolet-Compatible Player from your UltraViolet Library through either a “Verified Removal” or an “Unverified Removal.” A “Verified Removal” is where the UltraViolet-Compatible Player itself is involved in the removal process. An “Unverified Removal” is where the removal must be initiated through your UltraViolet Library because a Verified Removal cannot be performed (for example, because the UltraViolet-Compatible Player is lost or damaged). In order to prevent abuse, we impose limits on the number of times UltraViolet-Compatible Players that can be removed and linked. Each UltraViolet Library is limited to two Unverified Removals every 365 days; additional attempted Unverified Removals within that period will not be considered a removal and will count against the total number of permitted linked UltraViolet-Compatible Players. An Unverified Removal may be converted into a Verified Removal if a Verified Removal is subsequently initiated from the applicable UltraViolet-Compatible Player. An UltraViolet-Compatible Player that has been unlinked from an UltraViolet Library may be relinked to the same UltraViolet Library only three times during any ninety-day period.
We have administrative access to your UltraViolet Library to, for example, provide customer service, offer maintenance and support, investigate complaints, and fix errors, but these actions are in our sole discretion and we are not obligated to take these actions at your request or otherwise.
If you or an authorized user of your UltraViolet Library travel to or change the country or territory settings for your UltraViolet Library, you may not be able to download or stream content that was available to you in your previous country or territory through third-party services.
You can learn more about the features of your UltraViolet Library by visiting uvvu.com and selecting the “Help” link.
UltraViolet may offer parental controls designed to assist parents and legal guardians in restricting access to and use of the UltraViolet Library. Please note that there are circumstances where the UltraViolet parental controls may not be effective. For example, if third-party content is downloaded to an UltraViolet-Compatible Player or streamed via a third-party streaming service that does not require you to login, that content may be accessible to anyone who has access to that UltraViolet-Compatible Player or streaming service. In such circumstances, you also must set parental controls (if available) on that UltraViolet-Compatible Player or streaming service. You remain responsible for configuring any and all parental control settings associated with your UltraViolet Library, UltraViolet-Compatible Players, and third-party streaming services. If an UltraViolet-Compatible Player or streaming service does not provide parental control settings, and parental control settings are important to you, you should not use that UltraViolet-Compatible Player or streaming service.
BECAUSE AN ULTRAVIOLET LIBRARY MAY CONTAIN RIGHTS TO EXPLICIT, VIOLENT OR ADULT CONTENT, PARENTAL DISCRETION AND UTILIZATION OF ULTRAVIOLET’S PARENTAL CONTROL FUNCTIONALITY AS WELL AS THE PARENTAL CONTROLS AVAILABLE ON YOUR ULTRAVIOLET-COMPATIBLE PLAYERS AND STREAMING SERVICES IS ADVISED FOR MINORS.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws, regulations, code of practice, or similar requirements. For example, and without limitation, you may not:
· obtain or attempt to gain access to any UltraViolet Library or to any content for which you do not have rights or authority to access, including without limitation by impersonating any person or entity or otherwise misrepresenting your identity or affiliation;
· alter, edit, delete, obscure, otherwise change the meaning or appearance of, enclose, repurpose, redistribute, republish, or publicly perform any of the content associated with your UltraViolet Library, including without limitation by linking to, hosting, embedding, streaming, or framing the content;
· alter any trademarks, trade names, logos, service marks, promotional taglines, copyright notices or warnings or any other proprietary content or rights notices included therein or thereon;
· engage in unauthorized spidering, screen or database scraping, or harvesting of content or personal information, or use any other unauthorized automated or unauthorized means to access, log, or compile information;
· take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
· use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services (including, without limitation, a virus, spyware, or malware) or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
· attempt (or encourage or support anyone else’s attempt) to circumvent, decrypt, decipher, decompile, disassemble, reverse engineer, or otherwise alter or interfere with any of the software comprising or in any way making up a part of the Services including, without limitation, any security or content protection of content;
· use the Services for any commercial purpose; or
· engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
You may terminate your UltraViolet Library at any time by visiting uvvu.com and using the provided mechanism to close your UltraViolet Library. If you or another authorized user terminates your UltraViolet Library, you and all other authorized users will lose access to the UltraViolet Library and the rights associated with it. We may, but are not obligated to, retain your information for a reasonable period after termination in case your termination was in error.
We may, in our sole discretion and without any notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services if we believe you or a user of your UltraViolet Library are using or have used the Services in violation of the Terms, laws, regulations, code of practice, or similar requirements, or in any manner other than for its intended purpose and in accordance with all other applicable guidelines and requirements, or in the case of a request from law enforcement or other government authorities; unexpected technical issues or problems; or if we reasonably believe that your UltraViolet Library has been created fraudulently or a user of your UltraViolet Library has otherwise committed fraud. We may, upon reasonable notice to you, terminate any UltraViolet Library that is inactive for one year. We may modify, suspend, or cease providing the Services or any portion of the Services at any time without notice or any liability to you or any third party.
ON TERMINATION BY US, YOU, OR ANOTHER USER OF YOUR ULTRAVIOLET LIBRARY, YOU WILL LOSE ALL RIGHTS TO ACCESS CONTENT ASSOCIATED WITH YOUR ULTRAVIOLET LIBRARY THROUGH THE SERVICES, UNLESS YOU HAVE DOWNLOADED THE CONTENT TO AN ULTRAVIOLET-COMPATIBLE PLAYER PRIOR TO TERMINATION. FOR THE AVOIDANCE OF DOUBT, TERMINATION OF YOUR ULTRAVIOLET LIBRARY DOES NOT TERMINATE ANY OTHER RIGHTS THAT YOU MIGHT HAVE FROM THIRD PARTIES TO ACCESS, USE, OR WATCH CONTENT YOU HAVE LAWFULLY OBTAINED. FOR EXAMPLE, IF YOU HAVE PURCHASED A PHYSICAL COPY OF THE CONTENT (SUCH AS A DVD), YOU MAY CONTINUE TO USE THAT PHYSICAL COPY, CONSISTENT WITH ANY APPLICABLE LICENSE TERMS, THIRD-PARTY RESTRICTIONS, AND LAWS.
As between you and us, other than the rights you have obtained with respect to content associated with your UltraViolet Library, we own all rights, title and interest in and to the Services 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 “Materials”). Your use of the Services does not grant to you ownership or title of, in or to any Materials, any other part of the Services, or content. The Services, Materials, and content associated with your UltraViolet Library are 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 Services or the Materials, without our express written consent. Without limiting the foregoing, you are not permitted to republish or reproduce any part of the Services on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. The creation and use of an UltraViolet Library does not grant you any intellectual property or other rights therein.
Your rights with respect to any specific content associated with your UltraViolet Library are established by the retailer from which you obtained such rights and are subject to the limitations and restrictions imposed by copyright holders and other third parties. When you obtain rights to content, that content remains subject to the intellectual property rights of the copyright owner and other third parties and is being licensed to you with limitations and restrictions and is not sold to you. You may only use the content for your personal, non-commercial use as expressly authorized by the copyright owner and other applicable third parties, including the applicable retailer.
The trademarks, trade names, domain names, service marks, logos and other distinctive brand features associated with the Services are proprietary to us and other third parties. Nothing contained in or provided through the Services 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 our written permission or that of the third-party rights holder.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
· identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
· identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material, including the date and time of the alleged infringement;
· your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
· 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;
· a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent is:
1807 Santa Rita Road
Pleasanton, CA 94566 USA
Phone: +1 (415) 508-4344
Upon receipt of a notice of claimed infringement (or any statement in conformance with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate, in appropriate circumstances, the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.
Use of the Services requires Internet access and access to or use of third-party content, services, and UltraViolet-Compatible Players, and may require certain software, updates, or upgrades thereto (“Third-Party Elements”). Your ability to use the Services may be affected by the performance of these Third-Party Elements and by changes in technology over time. High-speed Internet access is strongly recommended. Third-Party Elements may not support all of the features and functionality of the Services. You acknowledge and agree that any system requirements, which may be revised from time to time, are your responsibility. You further acknowledge and agree that we are not responsible for failure in proper configuration or limitations of your Third-Party Elements. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such Third-Party Elements. Use of any Third-Party Elements is at your own risk.
You may be subject to, and are solely responsible for complying with, any additional terms and conditions associated with your use of such Third-Party Elements. For example, and without limiting the generality of the foregoing, your rights with respect to any third-party content are established by the retailer from which you obtained such rights and are subject to the limitations imposed by copyright holders and other third parties. Any third-party terms and conditions are in addition to these Terms and do not in any way modify your obligations under these Terms.
You remain responsible for any and all fees associated with your use of any Third-Party Elements and any hardware, software, or Internet access required to use the Services or any features thereof.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
In order to expedite and control the cost of disputes, we and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the Services (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
· Notice of Dispute. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. You must send any Notice of Dispute by first class U.S. Mail to us at DECE Administration, 1807 Santa Rita Road, Suite D235, Pleasanton, CA 94566 USA. We will send any Notice of Dispute to you by first class U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty days from the date the Notice of Dispute is sent. After sixty days, you or we may commence arbitration.
· Small Claims Court. You may choose to litigate any Dispute in small claims court (or the equivalent), if the Dispute meets all the requirements to be heard in small claims court. You may litigate in small claims court whether or not you first negotiated informally.
· Binding Arbitration and Governing Law. If the Dispute is not resolved by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. To the fullest extent permitted by law, the Terms and any Dispute that might arise between you and us shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.
· Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
· Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
· Arbitration Fees. 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 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 Dispute had been resolved in a 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.
· Disputes must be filed within one year. To the extent permitted by law, any Dispute under this agreement must be filed within one year in small claims court or in an arbitration proceeding. The one-year period begins when the Dispute or Notice of Dispute first could be filed. If a Dispute isn't filed within one year, it's permanently barred.
· Temporary Injunctive Relief. Prior to the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.
· Severability. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of section IX remaining in full force and effect. If this entire agreement to arbitrate is found to be illegal or unenforceable, the parties agree to the fullest extent permitted by applicable law that any Dispute relating to your use of the Services or these Terms shall be commenced and heard in the appropriate court in New Castle County, Delaware, USA. To the fullest extent permitted by law, you agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County, Delaware, USA.
Your use of the Services is at your own risk. The Services are provided “as is” without warranties, REPRESENTATIONS, OR Guarantees (Collectively, “warranties”) of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, TITLE, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, availability, usefulness, quality, or completeness of the Services, or any third-party ELEMENTS, or that the functions provided will be uninterrupted and free from any viruses, errors, loss, corruption, attack, INTERFERENCE, breach, or other security intrusion. We expressly disclaim any liability for any errors or omissions in the SERVICES, or any third-party ELEMENTS. some jurisdictions may not allow the exclusion of CERTAIN implied warranties, so some of the above exclusions may not apply to you.
in no event will we, or our affiliates, members, contractors, licensors, and each of their respective directors, officers, employees, agents, and assigns (Collectively, the “DECE ENTITIES”) be liable, whether in contract, TORT, NEGLIGENCE, BREACH of statutory duty, or otherwise, for any losses, claims, LIABILITIES, COSTS, AWARDS, FINES, PENALTIES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND OTHER PROFESSIONAL EXPENSES) AND DAMAGES OF ANY NATURE WHATSOEVER AND WHETHER OR NOT REASONABLY FORESEEABLE OR AVOIDABLE (COLLECTIVELY, “losses”) suffered by a party that cannot reasonably be considered to arise naturally from a breach of this agreement or the event(s) giving rise to the losses, or any direct, indirect, special, incidental, consequential, exemplary or punitive LOSSES, or other LOSSES whatsoever arising from or directly or indirectly related to, the use of, or the inability to use the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services, SUBMISSIONS, or third-party ELEMENTS, even if one or more of the DECE ENTITIES has been advised of the possibility of such damages or lossES. Any claim arising out of or connected with the Services will be limited to the greater of $100 or the amount that you paid to access the Services. SOME JURISDICTIONS MAY NOT ALLOW OR MAY RESTRICT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF ACTIONS, DAMAGES, or otherwise, and in such jurisdictions, liability shall be limited to the fullest extent permitted by law.
In no event shall the dece entities be responsible or liable for or in connection with any dispute between or amongst you and any third parties from whom THIRD-PARtY ELEMENTS are acquired or consumed, or in connection with any content posted, transmitted, exchanged, or received by or on behalf of you or any other person on or through the services. you understand and agree that (i) the mutual agreements made in this section reflect a reasonable allocation of risk given that the services are free and (ii) WE would not have allowed you access to the services without these limitations on liability.
You agree to indemnify, defend and hold DECE Entities harmless on demand from and against any and all Losses arising in any way from your use of the Services or any alleged violation by you of these Terms or applicable laws and regulations. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which we are entitled to indemnification under this section. In such event, you shall provide us with full cooperation as we reasonably request at your own expense.
The following provisions apply when you use the Services outside the United States:
· You consent to having your personal data transferred to and processed in the United States.
· You will not use the Services if you are prohibited from receiving products, services, or software originating from the United States. Without limiting the foregoing, you will not use the Services if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
· We try to create consistent standards for everyone, but we also strive to respect local laws. You may have additional consumer rights under your local laws that these Terms do not change.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us, and you have not relied on any warranties, statements, or representations that are not set out in these Terms. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to exercise our rights, enforce any provisions of these Terms, or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. You will not transfer, assign, or hold on trust any of your rights or obligations under these Terms to anyone else without our consent. We may exercise any of our rights hereunder and perform any of our obligations directly or through third parties. Any rights granted to us extend equally to third parties acting on our behalf.