Universal Playback

Terms Of Use

Last updated [July 2008]

Welcome to Playback from Universal Pictures (UK)! Universal, its parent, subsidiary and affiliated companies ("Universal") maintain the website (the "Site") for your personal entertainment, information, education, and communication. Please feel free to use the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, copy, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Universal's written permission. The Site is hosted in the United Kingdom and is operated by The Whole Hog Design Company Limited on behalf of Universal. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and using the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site.

1. You should assume that everything you see, read, watch or download on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Universal. Universal 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 Universal.

2. While Universal uses reasonable efforts to include accurate and up to date information in the Site, Universal makes no warranties or representations, express or implied, as to its accuracy. Universal assumes no liability or responsibility for any errors or omissions in the content of the Site.

3. Your use of the Site is at your risk. Neither Universal nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Universal also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

4. 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, technical concepts, know-how or techniques. 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 owned by Universal and Universal or its affiliates may adapt, change, license, perform, sell, reproduce, disclose, transmit, publish, broadcast, post or otherwise use it as they see fit. Furthermore, Universal is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By transmitting or posting an unsolicited submission you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that you waive any right to make any claim against Universal, its parents, subsidiaries or affiliates relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.

5. Images of people or places displayed on the Site are either the property of, or used with permission by, 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 Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6. The trademarks, logos, and Site marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Universal 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 Universal 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 Universal will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

7. Universal has not reviewed all of the partner Sites, if any, offered within the Site and is not responsible for the content of any partner Site pages or any other Sites offered within the Site. Your use of any partner Site pages is at your own risk.

8. Universal is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, if any, 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 Site. 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.

9. Universal respects the privacy concerns of all users of the Site. By registering and using this Site, you are consenting to the collection, storage and use of your personal information as described in our Privacy Policy. Please review that policy by selecting the “Privacy Policy” button below before using this Site. Prior to posting comments and/or information on the Site, you are required to register. During this process, Universal asks any potential registrant for his or her age. You agree to respond truthfully and accurately about your age. Children under the age of 12 are expressly prohibited from submitting or posting any personal information to the Site and no personal information is collected from children under 12 years of age. Universal believes that parents should supervise and monitor their children’s online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission.
For more information concerning children’s privacy please go to our Privacy Policy by selecting the “Privacy Policy” button below before using this Site.

10. Termination by Universal. Universal may terminate your access to any or all of the Site if any information you provide is false, inaccurate or incomplete. If you fail, or Universal suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, including but not limited to failure to provide Universal with accurate and complete registration data, failure to safeguard your account information, violation of these Terms and Conditions or of any license to the software, or infringement or other violation of third parties' rights, Universal, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account, and you will remain liable for all amounts due under your account, if any, up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Site (or any part thereof).

11. Termination of the Site. Universal reserves the right to modify, suspend, or discontinue the Site (or any part or content thereof) at any time with or without notice to you, and Universal will not be liable to you or to any third party should it exercise such rights.

12. You agree to indemnify, defend and hold Universal and The Whole Hog Design Company Limited (“The Whole Hog”) and their 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 of your transmissions or postings to the Site, your use of the Site, any action taken by Universal or The Whole Hog as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred, or in connection with any breach by you of these Terms and Conditions. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM UNIVERSAL OR THE WHOLE HOG, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF UNIVERSAL'S OR THE WHOLE HOG’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. Each of Universal and the The Whole Hog 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 and/or The Whole Hog’s defense of such claim.

13. The Sites are controlled and operated by Universal or a Universal-authorized third party (“Third Party”) from its offices or such Third Party’s premises within the United Kingdom. Universal makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

14. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of England and Wales. You submit to the exclusive jurisdiction of the courts of England and Wales in relation to any controversy, claim or dispute arising out of or related to these Terms and Conditions or the interpretation, performance or breach of these Terms and Conditions. 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 constitute the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Universal.

15. IN NO EVENT SHALL UNIVERSAL OR THE WHOLE HOG, THEIR PARENTS, SUBSIDIARIES, AFFILIATES AND PARTNERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF, OR THE INABILITY TO USE, CONTENT, CODE OR SOFTWARE AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF , WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNIVERSAL OR THE WHOLE HOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE UNIVERSAL AND THE WHOLE HOG TAKE PRECAUTIONS AGAINST SECURITY BREACHES, NO ONLINE SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, NEITHER UNIVERSAL NOR THE WHOLE HOG SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. IN NO EVENT SHALL UNIVERSAL’S OR THE WHOLE HOG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO UNIVERSAL TO ACCESS THIS SITE.

16. Universal may at any time revise these Terms and Conditions by updating this posting. 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.

17. There may be additional terms and conditions that will apply to competitions entered via the Site. Such terms and conditions will be accessible via the webpage for the competition to which they apply.