Last updated: 1 May 2013
Universal Sony Pictures Home Entertainment Australia Pty Limited of Level 30, 1 Market Street, Sydney NSW 2000, its parents, subsidiaries and affiliated companies (collectively, “USPHEA’ or “we” or “our” or “ us”) maintain the Site for purposes of: (i) registering USPHEA Blu-ray disc and DVD owners and/or users to provide them with access to UltraViolet features and offerings; (ii) allowing such USPHEA Blu-ray Disc and DVD owners and/or users to update their preferences; and (iii) additional marketing and customer service purposes. You may use material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, copy, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including the text, images, audio, and video, for any purpose without USPHEA’s prior written permission.
USPHEA MAY CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME, AND FOR ANY REASON OR NO REASON.
THE SITE IS CONTROLLED AND OPERATED BY A USPHEA-AUTHORISED THIRD PARTY FROM ITS OFFICES WITHIN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. THIS SITE IS INTENDED FOR USE BY USERS IN AUSTRALIA ONLY. USPHEA MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS AND OTHER COUNTRIES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF ANY, TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
Leading movie studios, technology companies, and retailers have developed a revolutionary new system for collecting movies and TV shows – “UltraViolet”. Currently, UltraViolet enables you to access movies via streaming and download, as described below. Once UltraViolet is fully implemented, buying once can bring you an unprecedented array of download, disc, and streaming rights to view content on multiple devices and share among up to six members of your family or household (including you). For more information about UltraViolet, visit http://www.ultraviolethq.com.
When you purchase an eligible Blu-ray Disc or DVD that includes an UltraViolet offer, upon your valid redemption of that offer, USPHEA grants you and up to five members of your family or household a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited right and licence to access the applicable motion picture (“Associated Content” via streaming and/or download on Authorised Devices (defined below) provided such viewing is for personal, private, non-commercial use only. Downloading and streaming of UltraViolet content is subject to retailer’s terms, which may be limited to three (3) downloads and free unlimited streaming only for the first 12 months after redemption. (“UltraVioletService”). As used herein, “Authorised Devices” shall mean those devices set forth in Support that meet minimum system requirements as USPHEA may establish in its sole discretion from time to time.
You will not be entitled to a refund from USPHEA of any portion of the purchase price of your Blu-rayDisc or DVD if the UltraViolet Service is unavailable for any reason.
You may not sell, rent, distribute, lease, sublicense, broadcast or otherwise assign any right or licence in or to the UltraViolet Service of Associated Content. The UltraViolet Service and Associated Content may be used solely for your personal, private, non-commercial use. You may not use the UltraViolet Service or Associated Content for any commercial or illegal purpose. You may not copy, reproduce, transfer, download, capture or store in any physical media (except as expressly authorized by USPHEA), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the UltraViolet Service, the Associated Content or any related software. You may not reverse engineer, decompile, disassemble, translate, modify, erase, delete, damage or disable any computer file, software, security technology, copy protection or use limitation systems associated with the UltraViolet Service or the Associated Content.
USPHEA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS TO AND/OR USE OF ULTRAVIOLET OR THE ULTRAVIOLET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT AT ANY TIME AND FROM TIME TO TIME, USPHEA MAY DISCONTINUE OR SUSPEND YOUR ACCESS TO ULTRAVIOLET OR THE ULTRAVIOLET SERVICE WITHOUT NOTICE TO YOU.
Any capabilities associated with the UltraViolet Service as permitted hereunder are solely an accommodation to you and shall not constitute a grant or waiver of any rights of USPHEA (or any other copyright owners, as applicable) in any content.
USPHEA and its suppliers grant you a personal, non-exclusive, revocable licence to use the software and associated content (e.g., text, images, video, graphics, music, sound) made available to you on the Site only for and during the authorised use of the Site and/or the product to which the software and content relate. You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software or associated content unless USPHEA or its suppliers have expressly allowed you to do so. Some Site features, software, and associated content may be accompanied by an end user licence agreement ("EULA") or may indicate specific authorized uses or restrictions, in which case the EULA or those other rights and restrictions will apply. Copyright and other intellectual property laws and treaties protect the software and content associated with the Site.
We may disable some or all of the software at any time and for any reason. Except as otherwise set forth herein, the licences granted to you to particular software under this section will end on the earlier of the date we disable such software or the date that you or we terminate your Account.
YOUR USE OF THE SITE IS AT YOUR RISK. NEITHER USPHEA (INCLUDING ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AFFILIATES, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AND AGENTS) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (COLLECTIVELY, “USPHEA PARTIES” SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, CONTENT, CODE OR SOFTWARE AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OR ALL OF THE USPHEA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ANY USPHEA PARTY AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCOUNT OR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AN USPHEA PARTY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USPHEA PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. WHILE USPHEA USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE, USPHEA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ITS ACCURACY. THE USPHEA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. WHILE USPHEA TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO ONLINE SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE USPHEA PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER THAT MAY RESULT FROM UNAUTHORISED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE USPHEA PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE OR USE OF THE SITE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE USPHEA PARTIES IS TO STOP USING THE SITE, AND TO CANCEL YOUR ACCOUNT(S). USPHEA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
While we are always happy to hear from you, it is USPHEA’s policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as screenplays, stories, original artwork, technical concepts, know-how or techniques. Any communication or material you do transmit to the Site and/or to other users via the Site (including, without limitation, your use of the Communication Features as defined below) by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be owned by USPHEA and USPHEA or its affiliates may adapt, change, license, perform, sell, reproduce, disclose, transmit, publish, broadcast, post or otherwise use it as they see fit. Furthermore, USPHEA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By transmitting or posting an unsolicited submission you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that you waive any right to make any claim against USPHEA, its parents, subsidiaries or affiliates relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
The Site is controlled and operated by a third party authorised by USPHEA (“Third Party”) from its offices within the State of California, United States of America. this site is intended for use by users in Australia only. USPHEA makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.