CLICKII
Welcome to the clickii.com web site.
Universal Pictures Home Entertainment LLC (“UPHE”), its parent NBCUniversal
International Limited, subsidiary and affiliated companies (collectively “NBCU”
or “we” or ”our” or “us”) maintain this site (“Site”). UPHE is registered in The USA and have our
registered office at 10 Universal City Plaza Universal City, Los Angeles, CA,
91608, U.S.A. Please feel free to browse
the Site at any time; however, by browsing this Site, you are subject to the
terms and conditions (“Terms and Conditions”) of this Site. By accessing this
Site, you accept, without limitation or qualification, the following Terms and
Conditions. If you do NOT accept the Terms and Conditions, then please
discontinue your use of this Site.
TERMS AND CONDITIONS OF USE
Use of Site.
NBCU reserves the right, in its sole
discretion, to amend the Terms and Conditions, and to modify, add or
discontinue any aspect, content, or feature of the Site. Such amendments,
modifications, additions, deletions shall become effective upon notice thereof,
which may be provided to you by posting on the Site, via e-mail or any other
means. Please check this site from time to time to take notice of any changes
NBCU has made, as they are binding on you.
Continued use of the Site by you shall constitute your binding acceptance
of any such amendments, modifications, additions or deletions. The Site is
owned and operated by NBCU and its affiliated companies and contains material
that is derived in whole or in part from material supplied and owned by NBCU
and other sources. Such material is protected by copyright, trademark, and
other applicable laws. You may not modify, copy, reproduce, republish, upload,
post, transmit, publicly display, prepare derivative works based on, or
distribute in any way any material from the Site, including but not limited to
text, audio, video, code and software. During your visit, however, you may
download material displayed on the Site for non-commercial, personal use only
(provided that you also retain all copyright and other proprietary notices
contained on the materials). NBCU neither warrants nor represents that your use
of materials displayed on the Site will not infringe rights of third parties
not owned by or affiliated with NBCU.
Disclaimer of Warranties
While NBCU uses reasonable efforts to
include up to date information in the Site, NBCU makes no warranties or
representations as to its accuracy, timeliness, reliability, completeness or
otherwise. NBCU has provided links and pointers to Internet sites maintained by
third parties (“Third-Party Sites”) and may from time to time provide third
party materials on the Site. Neither NBCU, its parent, subsidiary companies,
affiliates, nor suppliers operate or control in any respect the information,
products or services on these Third-Party Sites. The content, materials, and
products or services available in or accessible through the Site are AS IS and,
to the fullest extent permissible pursuant to applicable law.
NBCU disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement, and warranties implied
from a course of performance or course of dealing. NBCU does not warrant that
the functions contained in such materials and products, or in the site, will be
uninterrupted or error-free, will be available for use, that defects will be
corrected, or that the site, including the storage services and their contents,
or the server that makes them available, are free of viruses or other harmful
components.
Limitation of Liability
Your use of, and browsing in, the site is
at your own risk. you assume full responsibility for implementing sufficient
procedures and checks to satisfy your requirements for the accuracy and
suitability of the site, including the information, and for maintaining any means
that you may require for the reconstruction of lost data or subsequent
manipulations or analyses of the information provided hereunder. you
acknowledge that your use of the site and any information sent or received in
connection therewith, may not be secure and may be intercepted by unauthorized
parties. you assume responsibility for the entire cost of all necessary
maintenance, repair or correction to your computer system or other property. in
no event shall NBCU, its parent or subsidiary companies or its affiliates or
suppliers be liable for any direct, indirect, punitive, incidental, special,
consequential or other damages arising out of or in any way connected with the
use of the site or with the delay or inability to use the site, or for any
information, software, products and services advertised in or obtained through
the site, NBCU’s removal or deletion of any materials or records submitted or
posted on its site, or otherwise arising out of the use of the site, whether
based on contract, tort, strict liability or otherwise, even if NBCU or any of
its subsidiary companies, affiliates or suppliers has been advised of the
possibility of damages. 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 NBCU, its parent or
subsidiary companies, affiliates or suppliers shall not be liable for any
defamatory, offensive or illegal conduct of any user of the site.
Submissions
While we are always happy to hear from you,
it is NBCU'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 Site by electronic
mail or otherwise will be treated as non-confidential and non-proprietary.
Anything you transmit, or post shall be deemed the property of and may be used
by NBCU, or its affiliates, for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, NBCU is free to use and shall be deemed to own, 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. Disclosure,
submission, or offer of any submissions to the Site shall constitute an
assignment to NBCU of all worldwide rights, titles, and interests in all
copyrights and other intellectual property rights in such submission. NBCU may
edit, copy, publish, distribute, translate, and otherwise use in any medium any
submission that you forward to NBCU and will own exclusively all such rights,
titles, and interest and shall not be limited in any way in its use, commercial
or otherwise, of the submission. NBCU is and shall be under no obligation to:
(1) maintain any of your or any user’s submissions in confidence; (2) to pay to
you or any user any compensation for any submissions; or (3) to respond to any
of your or any other user’s submissions.
Trademarks
The trademarks, logos, and service marks
(collectively the “Trademarks”) displayed on the Site are registered and
unregistered Trademarks of NBCU and others. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the Site without the written
permission of NBCU or such third party that may own the Trademarks displayed on
the Site. Your misuse of the Trademarks displayed on the Site, or any other
content on the Site, except as provided in these Terms and Conditions, is
strictly prohibited. You are also advised that NBCU will aggressively enforce
its intellectual property rights to the fullest extent of the law, including
seeking of criminal prosecution.
Merchants
Your correspondence or business dealings
with, or participation in promotions of, other merchants found on or through
the Site, 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. NBCU will NOT be
responsible or liable for any loss and/ 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 Site.
Chat Rooms / Message Boards/ Bulletin
Boards
The Site may provide you and other users an
opportunity to submit, post, display, transmit and/or exchange information,
ideas, opinions, photographs, images, video, creative works or other
information, messages, transmissions or material to us, the Site or others
(“Post” or “Postings”). Postings do not reflect the views of NBCU; and NBCU
does not have any obligation to monitor, edit, or review any Postings on the
Site. NBCU assumes NO responsibility or liability arising from the content of
any such Postings nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained
in any information within such Postings on the Site. You are strictly
prohibited from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any law.
NBCU will fully cooperate with any law enforcement authorities or court order
requesting or directing NBCU to disclose the identity of anyone posting any
such information or materials.
Indemnification
You agree to indemnify, defend and hold
NBCU and its parent, affiliates, and their respective officers, directors,
owners, employees, agents, information providers and licensors (collectively
the “Indemnified Parties”) harmless from and against any and all claims,
liability, losses, actions, suits, costs and expenses (including attorneys’
fees) arising out of or incurred by any breach by you of these Terms and
Conditions. NBCU 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 NBCU’s
defense of such claim.
Registration
Should NBCU choose to provide member-based
services (“Services”) on the Site, when you register to use these Services, you
may be required to provide certain personally identifiable information about
yourself. You agree to provide true, accurate and complete information about
yourself, and to update the information when it changes. If you provide any
information that is untrue or inaccurate, not current, or incomplete, or if
NBCU suspects that your information is untrue, inaccurate, or incomplete, then
NBCU may, in its sole discretion, suspend, terminate, or refuse future access
to your membership in these Services. Any personally identifiable information
provided at points of registration on the Site will be subject to the NBCU Web
Site Privacy Policy.
Termination
NBCU may, in its sole discretion, terminate
your password, account (or any part thereof) or your access to the Site, or
remove and discard any Communication transmitted by you, or information stored,
sent, or received via the Site without prior notice and for any reason,
including, but not limited to: (i) concurrent access of the Site with identical
user identification numbers, (ii) permitting another person or entity to use
your user identification number to access the Site, (iii) any other access or
use of the Site except as expressly provided in these Terms and Conditions,
(iv) any violation of the terms and conditions of these Terms and Conditions or
the rules and regulations relating to the use of, the software and/or data
files contained in, or accessed through, the Site, (v) tampering with or
alteration of any of the software and/or data files contained in, or accessed
through, the Site, or (vi) failure to use the Site or portion thereof on a
regular basis. You may terminate your membership hereunder upon thirty (30)
days written notice by you to NBCU of your intent to terminate this Agreement.
Termination, suspension, or cancellation of this Agreement or your access
rights shall not affect any right or relief to which NBCU may be entitled, at
law or in equity. Upon termination of these Terms and Conditions, all rights
granted to you will automatically terminate and immediately revert to NBCU and
its licensors.
Export Control
The Site is controlled and Operated by NBCU
from its offices within the State of New York, United States of America. Unless
otherwise specified, the materials on the Site are presented solely to promote
and provide information about NBCU’s products and services available in the
United States. NBCU makes no representation that the 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 or other countries do so on
their own initiative and are responsible for compliance with local laws in that
territory, if and to the extent that local laws are applicable. Software available
from the Site is further subject to United States export controls. No software
from the Site may be downloaded or otherwise exported or re-exported: (A) into
(or to a national 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 Site, 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.
Governance
These Terms and Conditions shall be
governed by, construed and enforced in accordance with the laws of United
States. Any action you, any third party or NBCU bring to enforce these Terms
and Conditions or, in connection with, any matters related to this Site shall
be brought only in the United States and you expressly consent to the
jurisdiction of said courts. If any provision of these Terms and Conditions
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and Conditions and shall not affect
the validity and enforceability of any remaining provisions. These Terms and
Conditions and any posted operating rules constitute the entire agreement of
the parties with respect to the subject matter hereof, and supersede all prior
or contemporaneous communications and proposals, whether oral or written,
between the parties with respect to such subject matter.
