Universal Films Canada, a division of Universal Studios, Inc. (“Universal”) maintains the Website (the “Website”) for your personal entertainment, information, education, and communication. Your access to and use of the Website is subject to the following terms and conditions (“Terms and Conditions”) and to the laws of the Province in which you reside and the federal laws of Canada applicable therein. BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE YOUR USE OF THE WEBSITE.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may not distribute, modify, copy, transmit, publish, re-use, or re-post, the content of the Website for public or commercial purposes, including the text, images, audio, and video without Universal’s express written permission.
MODIFICATION OF THESE TERMS AND CONDITIONS OF USE
Universal may at any time revise these Terms and Conditions by posting the amended terms on the Website, which posting shall constitute notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
TRADEMARK AND COPYRIGHT INFORMATION
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the prior written permission of Universal. Universal neither warrants nor represents that your use of materials displayed on the Website will not infringe the rights of third parties who are not owned by or affiliated with Universal.
Images of people or places displayed on the Website are either the property of, or used with the permission of Universal. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Universal and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Universal or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Universal will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
USER PROVIDED CONTENT
While we are always happy to hear from you, it is Universal’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, etc. Any communication or material you do transmit to the Website by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Universal or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Universal is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
A) Disclaimer of Warranties: YOUR USE OF AND BROWSING IN THE SITE IS AT YOUR RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Any material, data, text, images, video, and/or audio uploaded, downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. Universal does not warrant or guarantee that such materials are free of viruses or other destructive code that may damage or infect your computer equipment or other property. You will be solely responsible for any damage to your computer system or loss of data that results from such uploading and/or downloading.
While Universal uses reasonable efforts to include accurate and up to date information on the Website, Universal makes no warranties or representations as to its accuracy.
Universal 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 Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
B) Limitations of Liability: NEITHER UNIVERSAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNIVERSAL HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION TO THE FOREGOING, UNIVERSAL’S LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE RELATIONSHIP OF THE PARTIES, OR THE PROVISION OR NON-PROVISION OF GOODS OR SERVICES, (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL IN NO EVENT EXCEED THE GREATER OF (I) $100(CDN) OR (II) THE AMOUNT PAID BY YOU TO UNIVERSAL FOR A PRODUCT OR SERVICE PURCHASED VIA THE WEBSITE. YOU ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, THE FEES CHARGED FOR PRODUCTS OR SERVICES (OR SIMPLY BEING ABLE TO VIEW THE WEBSITES) WOULD BE HIGHER. UNIVERSAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. ALTHOUGH UNIVERSAL MAY FROM TIME TO TIME MONITOR OR REVIEW DISCUSSIONS, CHATS, POSTINGS, TRANSMISSIONS, BULLETIN BOARDS, AND THE LIKE ON THE WEBSITE, UNIVERSAL IS UNDER NO OBLIGATION TO DO SO AND ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY SUCH LOCATIONS NOR FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN ANY INFORMATION WITHIN SUCH LOCATIONS ON THE WEBSITE.
You agree to indemnify, defend and hold Universal and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Universal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Universal’s defense of such claim.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Universal that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Universal will fully cooperate with any law enforcement authorities or court order requesting or directing Universal to disclose the identity of anyone posting any such information or materials.
If you breach any provision of these Terms and Conditions, you may no longer use the Website. Universal may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your access to all or part of the Website, all without notice or liability to you or any other person. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities. Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Website in any way, your sole and exclusive remedy is to discontinue using the Website. Universal shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
LINKS TO OTHER SITES
Universal has not reviewed all of the sites linked to the Website and is not responsible for the content of any off-site pages or any other sites linked to the Website. Your linking to any other off-site pages or other sites is at your own risk.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.