TABLE OF CONTENTS
1. Acceptance of Terms of Service
Each time you access and/or use 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 accept notice of posting the new terms via our sites or services. More
2. Permitted Uses
We only grant you a limited revocable license to use the site or service for your own non-commercial use subject to rules and limitations. More
3. Access to the Site and Availability of Services
Your 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. More
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
The 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. More
5. Digital Items, Subscriptions and Credits
Any 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. More
and our practices detailed in it, including targeted advertising and the use of tracking technologies. More
7. Wireless and Location-Based Features; Wi-Fi Internet Services; Social Media Plug-ins
Wireless carrier charges may apply to use of our services via wireless networks or devices and geo-location details may be collected. More
8. Your Conduct and Acceptable Use
Your use is subject to our rules regarding acceptable conduct and practices. More
NBCUniversal may, but has no obligation to, monitor your use of the services. More
10. User Content; Grant of Limited License
You 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. More
NBCUniversal is not responsible for your business dealings with merchants found on the services. More
12.Children’s Online Privacy Protection Act Notification
NBCUniversal’s services are not designed or intended for use by children. More
13. Disclaimer of Warranties
We disclaim warranties and provide the services “As Is.” More
14. Exclusion of Damages
You agree that you are entitled to no damages for any claims related to your use of the services, except as set out below. More
15.Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
Our liability to you is limited. More
16. NBCUniversal Is Not Responsible For Third-Party Websites and Content
We 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. More
You agree to indemnify us for material posted by you or through your account. More
18. Reservation of Rights
NBCUniversal reserves the right to modify or discontinue the site or services. More
We may terminate your account, password or access in our sole discretion at any time and without prior notice. More
20. Infringement Policy
You 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. More
21. Links By You To the Services
You may link to our services, subject to some basic rules. More
22. Responsible Use of Site
Please act responsibly when using the services. More
We reserve the right to investigate suspected violations of these Terms. More
24. Local Regulations
If you choose to access the services from other locations you do so on your own initiative and at your own risk. More
25. Export Control
There are restrictions on the services for those countries subject to U.S. export controls. More
26. Binding Arbitration of All Disputes. No Class Relief
You agree to arbitrate and waive jury trial and class actions. More
27. Dispute Resolution for Non-US Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law
Non-US citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law. More
28. Member Disputes
You are solely responsible for your communications with members or visitors to the services. More
29. Notice for California Users
Residents of California are entitled to specific consumer rights information. More
By accessing and using the services, you agree to certain terms regarding (a) to the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Service; (d) your limited time to file claims; (e) the manner in which you communications with us. You also agree not to assign or delegate your rights and obligations under these Terms of Service. More
31. Terms Applicable for Apple iOS
There are some other things you should know if you are accessing or using the services through an Apple device. More
1. Acceptance of Terms of Service
shall take precedence; however provisions unique to these Terms of Service (e.g., arbitration) will remain in effect as outlined here.
NBCUniversal 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.
Our 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).
To 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.
Please 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.
EACH 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.
2. Permitted Uses
Your use of the services shall be limited solely to your personal and non-commercial use. The services contain material that is derived in whole or in part from material supplied and owned by NBCUniversal as well as third parties (“Content”). As between NBCUniversal and You, NBCUniversal 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 NBCUniversal’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 NBCUniversal. 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.
You 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 NBCUniversal 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 its servers and infrastructures. 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.
To the extent that NBCUniversal 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.
You 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.
3. Access to the Site and Availability of Services
. By using or attempting to use the Site or services, you certify that you meet any other eligibility and residency requirements of the Site.
NBCUniversal 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.
You 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 NBCUniversal. NBCUniversal reserves the right to change the nature of this relationship at any time.
You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our services or this Terms of Service.
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
If you establish an account with NBCUniversal, 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 NBCUniversal 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 don’t want your activities to be shared, your only option is to deactivate the related account.
5. Digital Items, Subscriptions and Credits
Purchases 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 suspended or terminate the rights we grant you to usage 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.
We 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 our 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.
If 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.
Your 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.
7. Wireless and Location-Based Features; Wi-Fi Internet Services; Social Media Plug-ins
(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.
(b) Universal Orlando Resort Wi-Fi Internet Services
. NBCUniversal, through its providers, offers wireless Internet access to guests at select locations throughout the Universal Orlando Resort destination, including the Universal Studios Florida and Universal Islands of Adventure theme parks, Universal CityWalk entertainment complex, and other on-site Universal Orlando Resort hotel locations (“Wi-Fi Internet Services
”). If you are an XFINITY Internet subscriber your use of the Wi-Fi Internet Services is also subject to your subscriber agreement. You acknowledge that NBCUniversal 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. NBCUniversal 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. NBCUniversal also reserves the right to disconnect and/or temporarily suspend the Wi-Fi Internet Services without warning.
The 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 NBCUniversal shall not be liable for such interruptions. You further acknowledge and agree that NBCUniversal 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 NBCUniversal’s control.
Wi-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.
You 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.
(c) Terms of Wireless Features
(d) Location-Based Features
Your wireless device may be configured to automatically broadcast information to wireless access points, including our Wi-Fi Internet Services. NBCUniversal may keep a record of any publicly-broadcasted information from those mobile devices configured to communicate with our access points located at the Universal Orlando Resort destination. 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 NBCUniversal Mobile App. This data may be retained by NBCUniversal 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 within our resort destination. 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).
In addition, where any NBCUniversal 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.
Some 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-NBCUniversal products exist today that may be used specifically for these purposes.
(e) 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 chose 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, the Twitter “Tweet this” feature and Google Plus “1+” button or equivalent) 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.).
8. Your Conduct and Acceptable Use
The 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.
- No Interference. You may not interfere with any other user from using or enjoying the services.
- No Bullying. You may not use the services to threaten, abuse, harass, or invade the privacy of any third party.
- 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.
- 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.
- Don’t 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.
- 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. NBCUniversal, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the services violates this provision.
- Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation NBCUniversal or with any other person or entity.
- 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.
- 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.
We 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.
. Furthermore, NBCUniversal 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 NBCUniversal’s sole and absolute discretion are objectionable or in violation of these Terms of Service.
10. User Content; Grant of Limited License
Reviews, 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.
If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting NBCUniversal (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 NBCUniversal 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 NBCUniversal, 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 NBCUniversal 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 NBCUniversal, 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 NBCUniversal 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 NBCUniversal, 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.
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 NBCUniversal, 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 NBCUniversal 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.
Use of Name and Likeness
: By posting User Content on the services, you consent to the recording, use and reuse by NBCUniversal, 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 NBCUniversal, 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 NBCUniversal, 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.
: 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 NBCUniversal 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 NBCUniversal.
Idea Submissions Prohibited
: NBCUniversal does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to NBCUniversal through the services, including posts on any Site or any third party social network or website, or by e-mail, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to NBCUniversal the right and license to the submission as if it were User Content as specifically set forth above. In addition, NBCUniversal retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. NBCUniversal’s receipt of your unsolicited ideas and materials is not an admission by NBCUniversal of their novelty, priority, or originality, and it does not impair NBCUniversal’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
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 NBCUniversal. Notwithstanding anything else in these Terms of Service, NBCUniversal should not be seen as endorsing any User Content in any way. None of NBCUniversal or its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content
: User Content does not reflect the views of NBCUniversal. Notwithstanding anything else in these Terms of Service, NBCUniversal should not be seen as endorsing any User Content in any way. User Content posted through the services are 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 NBCUniversal, 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 NBCUniversal 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. NBCUniversal 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.
Your 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. NBCUniversal 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.
12. Children’s Online Privacy Protection Act Notification
NBCUniversal is not designed or intended for use by children under the age of 13.
13. Disclaimer of Warranties
While NBCUniversal uses reasonable efforts to include up to date information on the Site and services, NBCUniversal makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
NBCUNIVERSAL PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBCUNIVERSAL, ITS PARENT, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “NBCUNIVERSAL 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, NBCUNIVERSAL DOES 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. NBCUNIVERSAL DOES 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. NBCUNIVERSAL DOES 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 WEB SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NBCUNIVERSAL MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICES OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND NBCUNIVERSAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEB SITE. 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.
14. Exclusion of Damages
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.
NONE OF THE NBCUNIVERSAL 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 NBCUNIVERSAL HAS 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 NBCUNIVERSAL 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, NBCUNIVERSAL 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.
15. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
IN NO EVENT WILL THE NBCUNIVERSAL 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 NBCUNIVERSAL IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, NBCUNIVERSAL 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.
16. NBCUniversal is Not Responsible For Third-Party Websites and Content
For 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 NBCUNIVERSAL. ACCORDINGLY, NBCUNIVERSAL 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 NBCUNIVERSAL. 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.
You agree to defend, indemnify and hold harmless NBCUniversal, 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 NBCUniversal’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.
18. Reservation of Rights
NBCUniversal 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.
NBCUniversal 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 NBCUniversal 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 NBCUniversal and its licensors and all rights granted by you to NBCUniversal shall survive in perpetuity.
20. Infringement Policy
NBCUniversal respects the intellectual property of others, and we ask our users to do the same. The Site and services and materials incorporated by NBCUniversal 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 NBCUniversal on the Site and services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by NBCUniversal or others (“Trademarks”).
NBCUniversal, 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. NBCUniversal 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 agent identified below to request a review of the alleged infringement:
Sandra Chen, Esq. Universal Orlando Legal Affairs Department 1000 Universal Studios Plaza Orlando, FL 32819
By e-mail: email@example.com
In 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:
- Your name, address, telephone number, and e-mail address;
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NBCUniversal to locate the material;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
- A statement that the information in the notice 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 or on behalf of the person defamed.
21. Links By You To the Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with or endorsement by NBCUniversal or cause any other confusion regarding your relationship to NBCUniversal or its affiliates or to the services, (c) the link must open in a new browser window and link to the full version of applicable services web page; and (d) the links and the content on your website do not portray NBCUniversal or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to NBCUniversal. NBCUniversal reserves the right to suspend or prohibit linking to the services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
22. Responsible Use of Site
Please act responsibly when using the Site and services. You may only use theservices and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site or services. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site or services are the sole responsibility of the sender, not NBCUniversal, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site or services.
NBCUniversal reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any forum. NBCUniversal may seek to gather information from the user who is suspected of violating these Terms, and from any other user. NBCUniversal may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If NBCUniversal believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. NBCUniversal will fully cooperate with any law enforcement authorities or court order requesting or directing NBCUniversal to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NBCUNIVERSAL AND ITS PARENT, AFFILIATES AND LICENSORS, AND ALL THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF NBCUNIVERSAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF NBCUNIVERSAL OR LAW ENFORCEMENT AUTHORITIES.
24. Local Regulations
NBCUniversal makes no representation that content on the Site or services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the services from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
25. Export Control
Unless otherwise specified, the materials on the services are presented solely to provide information regarding and to promote NBCUniversal’s services and other products available in the U.S. The services are controlled and operated by NBCUniversal from its offices within the State of Florida. NBCUniversal makes no representation that materials on the services are appropriate or available for use outside the U.S. Those who choose to access the services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the online service, 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.
26. Binding Arbitration of All Disputes. No Class Relief
This Section 26 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NBCUniversal agree that we intend that this Section 26 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 26 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site or other services, (ii) any purchases or other transactions or relationships with NBCUniversal, or (iii) any data or information you may provide to NBCUniversal or that NBCUniversal may gather in connection with such use, interaction or transaction (collectively, “NBCUniversal Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other online service, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree to binding arbitration as provided below.
, or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 26 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
(a) Single Arbitrator
. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and NBCUniversal (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement
. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(c) Location of Arbitration
. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
(d) Governing Law
. The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief
. The Arbitration can resolve only your and/or NBCUniversal’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award
. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs
. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees
. In the event you recover an Award greater than NBCUniversal’s last written settlement offer, the Arbitrator shall also have the right to include in the Award NBCUniversal’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but NBCUniversal shall in all events bear its own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause
. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor NBCUniversal shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice
. NBCUniversal may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after NBCUniversal has given notice of such modifications and only on a prospective basis for claims arising from NBCUniversal Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims
. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against NBCUniversal in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
27. Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 27 applies to non-US Residents, where applicable law prohibits arbitration of disputes in accordance with Section 26.
(a) Section 27 disputes
. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the services, the Content, these Terms of Service, whether heretofore or hereafter arising or to any of NBCUniversal’s actual or alleged intellectual property rights (collectively, a “Section 27 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 27 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 27(a). Your notice to us must be sent to:
Gillian M. Lusins NBC Universal Law Department 30 Rockefeller Plaza, Rm. 1087E New York, New York 10112
By e-mail: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, NBCUniversal and you will engage in a dialogue in order to attempt to resolve the Section 27 Dispute, though nothing will require either you or NBCUniversal to resolve the Section 27 Dispute on terms with respect to which you and NBCUniversal, in each of our sole discretion, are not comfortable.
. The parties agree that the state or federal courts in Florida shall have non-exclusive jurisdiction of any Section 27 Dispute.
(c) Governing Law
. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Service and any Section 27 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.
(d) Limited Time to File Claims
. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 27 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 27(a) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 27 DISPUTE ARISES - OR IT WILL BE FOREVER BARRED.
(e) Injunctive Relief
. The foregoing provisions of Section 26 and this Section 27 will not apply to any legal action taken by NBCUniversal to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the services, any Content, your User Content and/or NBCUniversal’s intellectual property rights (including such NBCUniversal may claim that may be in dispute), NBCUniversal’s operations, and/or NBCUniversal’s products or services.
28. Member Disputes
You are solely responsible for any interaction with other members or visitors to the services, and NBCUniversal reserves the right, but shall have no obligation, to monitor disputes between you and any other member of NBCUniversal.
29. Notice for California Users
Under California Civil Code Section 1789.3, California users of the services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
(a) Applicable law
. These Terms of Service, any Additional Terms and the relationship between you and NBCUniversal shall be governed by the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions.
. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in Orlando, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c) No Waiver
. No failure or delay by NBCUniversal in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.
. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(e) Limited Time to File Claims
, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(f) Paragraph and Section Titles are For Your Convenience
. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement
. These Terms of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
. These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without NBCUniversal’s prior written consent.
. You are responsible for obtaining and maintaining all devices and other equipment and software, and all other services needed for your access to and use of the online service and you will be responsible for all charges related to them.
31. Terms Applicable For Apple iOS
If you are accessing or using the services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference:
(a) To the extent that you are accessing the services through an Apple device, you acknowledge that these Terms of Service are entered into between you and NBCUniversal and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third-party beneficiary as contemplated below.
(b) The license granted to you in Section 2
of these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html
) and any third party terms of agreement applicable to the services.
(c) You acknowledge that NBCUniversal, and not Apple, is responsible for providing the services and Content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the services.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the services.
(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms of Service in Sections 13, 14 and 15, NBCUniversal’s liability to you for use of the services is greatly limited.
(g) Further, you agree that if the services, or your possession and use of the services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
(i) When using the services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the services.
Last updated: June 2, 2014
Universal Parks & Resorts Vacations
The policies below apply to reservations made through Universal Parks & Resorts Vacations. If you have already made a reservation with Universal Parks & Resorts Vacations, your confirmation number will be 8 digits in length and consist of numbers and letters. For example: C12B40U4 or 7YW230U3
If you have a reservation that consists of numbers only, please review Universal Orlando On-Site Hotel Reservations.
Revised 12/29/2008 - General Conditions:
The information provided below is intended to inform you of the various taxes, governmental fees and other charges on any travel-related transactions, fees and charges you may pay when you book your travel arrangements with Universal Parks & Resorts Vacations. All prices shown are in U.S. Dollars ($) and include applicable taxes, fees and charges, except as otherwise noted. Packages and rates are subject to change without notice. Prices are subject to change based upon your choice of travel dates, number of travelers, departure city, and your choice of flight, hotels or other items, and may require a minimum nights' stay. Package prices are guaranteed upon full payment received by Universal Parks & Resorts Vacations, and solely subject to change due to imposition of taxes or other charges by government authorities. Package inclusions and options subject to change without notice. All persons on the same reservation must purchase the same package.
Please remember that you may incur other charges while traveling that are not included in the quoted package price payable to Universal Parks & Resorts Vacations, such as hotel extra-person or extra-bed charges, resort fees, gratuities, hotel energy and/or telecommunications surcharges, parking fees, telephone fees, room service, movies, mini-bar, or rental car insurance, gasoline, and other incidentals.
Once booked, airline tickets are non-refundable. In the event you make changes or rebook your vacation package, the original airfare paid may be applied toward a new ticket, subject to the airlines’ rules and regulations, as well as the payment of a re-ticketing fee and any differences in airfare amounts. In the event you cancel and do not rebook your vacation package, you will need to make any changes to future travel directly with the airline, subject to its rules and regulations, as well as payment of a re-ticketing fee and any differences in airfare amounts. Your air transactions will be fulfilled using electronic ticketing. Paper tickets are not available.
Airlines may cancel duplicate reservations without notice. Universal Parks & Resorts Vacations shall not be responsible for any airline schedule changes, delays, cancellations, or any airline’s failure to perform for any reason including, but not limited to, strike, inclement weather, or bankruptcy.
Guests are encouraged to reconfirm all flights directly with the airline since flight schedules are subject to change and are not guaranteed. Guests are responsible for any additional fees that may be charged by the airline (such as extra baggage or heavy baggage, beverages, movies, etc.). Any seat selection made at the time of booking is not guaranteed. If seat selection is unavailable through Universal Parks & Resorts Vacations, seats will be assigned at airport check in. Guests age 17 and younger must fly with an adult on the same itinerary and reservation. If you are travelling with minors under the age of 18, please contact the airline directly for any safety regulations or other requirements. Please remember to bring a government-issued photo identification which is required for all air passengers 18 years and older. It is the responsibility of guests to provide full, legal names of all passengers, including the children's ages at the time of booking.
Of course, all air fares may be subject to additional restrictions, may not be available on all flights, and may change without notice.
Taxes and fees are charged per ticket and include, without limitation:
Surcharges - various airline surcharges from $1.50 to over $50 may apply.
Federal Excise Tax - 7.5% of base fare (may be pro-rated for flights from US to Hawaii, Alaska and international destinations). A Travel Facilities Tax of up to $15.00 per roundtrip for domestic flights beginning or ending in Alaska or Hawaii may apply.
Passenger Facility Charges - up to $18.00, depending on the itinerary.
Federal Segment Fees - $3.40 per U.S. flight segment.
September 11th Security Fee - $2.50 per flight segment with a maximum of $10.00 per ticket
Hotel check-in is generally 4 p.m. Two double beds are standard in the room unless otherwise stated. Charges for in-room safes, rollaway beds and cribs, plus applicable taxes, are not included in the package price and are payable directly to the hotel. Gratuities, resort fees, parking fees, laundry, telephone calls, meals, beverages, sightseeing or any other incidentals at the hotel are the responsibility of the guest. Adjacent rooms and/or connecting rooms, room locations, types of bedding and smoking preferences are on a request-only basis and subject to availability at the time of check-in. Please advise us of any special needs at the time of booking.
Once deposit and/or full payment is received, a $50 revision fee per transaction, plus any applicable services fees or price increases, will be assessed for any changes made to the reservation including, but not limited to, dates, air carrier, hotel, and ground transportation. If your vacation includes airline reservations, air change fees apply, plus a $50 per reservation revision fee and any other fees or price increases imposed by the airline will be charged. Fees are non-refundable. Certain types of airline reservation changes, including name changes, are prohibited based upon restrictions imposed by the carrier.
Please allow 2-3 weeks for processing refunds.
Car Rental Transactions:
If your client keeps a rental car longer than the original reservation, they must pay additional amounts, including taxes, governmental fees and other charges, directly to the car rental agency when they return the rental car. Any additional products or services that are offered to the client by the car rental company at the time of pick-up, must be paid directly by the client to the car rental company.
Cancellation Fee for Bookings:
DAYS PRIOR TO ARRIVAL PENALTIES
45 days or more Full refund*
44 – 6 days $100 fee per reservation, plus fees imposed by hotel, airline and/or other components
5-0 days $200 fee per reservation, plus fees imposed by hotel, airline and/or other components
*Additional Terms & Conditions apply regarding transactions including air travel, Halloween Horror Nights, Blue Man Group, VIP Tours and Discovery Cove.
Attraction Ticket Purchases and Features:
Attraction tickets are non-refundable once purchased. Discovery Cove requires a 14-day notice to avoid additional cancellation fees. Additional terms and conditions apply regarding transactions including Blue Man Group show admission. Purchase of attraction tickets only must be paid in full at time of booking and are non-refundable. Additional restrictions may apply. Theme parks, restaurants, shows, attractions, rides, entertainment and other services and features are subject to change without notice and may be closed temporarily due to renovation, capacity, inclement weather, special events, or may otherwise be discontinued or changes without notice and without liability to Universal Parks & Resorts Vacations.
Acceptable Forms of Payment
We accept American Express®
Card and Visa®
. For final payment we also accept personal checks, travel agency checks, money orders and cashiers checks. We will not accept third-party checks. Payments must be made in US ($) dollars. Reservations booked within 45 days must be paid with a credit card.
For reservations that include air travel, the total price of airline tickets are due at the time of booking and must be paid in full, in addition to a deposit of per reservation as described below:
DAYS PRIOR TO ARRIVAL PAYMENT
46 days or more $50 per person deposit, plus cost of Airfare, Vacation Protection Plan & select add-ons due at time of reservation 45-0 days Full payment due at time of reservation (restrictions apply)
Vacation Protection Plan:
Vacation Protection Plan is non-refundable. Rates and coverage are subject to change without notice. Insurance only valid for residents of the United States.
Certain conditions, exclusions, and other limitations may apply. For full terms and conditions of coverage, click here
. This program is administered by: Travel Guard. Insurance coverage is underwritten by the National Union Fire Insurance Company of Pittsburgh, PA. These non-refundable and non-transferable plans must be purchased at the time of final payment.
Applicable Law & Responsibility:
It is agreed by and between you and Universal Parks & Resorts Vacations, that all claims, disputes and matters whatsoever arising under or in connection with your booking and these policies and procedures shall be governed by the laws of the State of Florida (without regard to conflict of laws) and shall be litigated, if at all, in and before a court located in Orange County, Florida, USA, to the exclusion of the courts of any other state or country. Universal Parks & Resorts Vacations is not responsible for any error or omission. Universal Parks & Resorts Vacations is an independent wholesaler, and the services described are provided by independent contractors. Universal Parks & Resorts Vacations shall not be responsible or liable in any way for any loss, injury (including personal injury), or any damage caused or arising in connection with customer's travel or other services or products provided through Universal Parks & Resorts Vacations, including but not limited to, any transportation, accommodations, attractions, meals, or other services, due to any acts of God, weather, strikes, acts of Government or other authorities, wars, civil disturbances, hijacks, thefts, or any other circumstances beyond our control. The terms and conditions of the transportation providers (including all applicable tariffs) shall apply to all transportation services.
Universal Parks & Resorts Vacations®
is registered with the State of Florida as a seller of travel. Registration number: ST-24215.