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Effective URL: https://www.universalstudioshollywood.com/web/en/us/terms-of-service
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Submission: On September 05 via api from US — Scanned from DE
Effective URL: https://www.universalstudioshollywood.com/web/en/us/terms-of-service
Submission Tags: falconsandbox
Submission: On September 05 via api from US — Scanned from DE
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TERMS OF SERVICE
* Universal Studios Hollywood
* Terms of Service
Welcome to the Universal Parks & Resorts Terms of Service (“Terms of Service” or
“Terms”). Universal City Development Partners, Ltd. d/b/a Universal Orlando
Resort, Universal City Studios LLC d/b/a Universal Studios Hollywood, Universal
Studios LLC d/b/a Universal CityWalk Hollywood, Universal City Travel Partners
d/b/a Universal Parks & Resorts Vacations, their subsidiaries and affiliated
companies, NBCUniversal Media, LLC, its subsidiaries and affiliated companies,
and Comcast Corporation and its subsidiaries and affiliated companies
(collectively, "Universal Parks" or “We”, “Our” or “Us”) maintain
UniversalParks.com, UniversalOrlando.com, UniversalStudiosHollywood.com and
related websites, Mobile Apps, and Wi-Fi Internet services (collectively, the
"services"). These services include any purchase of admission ticket(s) and/or
pass(es) to visit Universal Parks properties through the Sites as defined in
Section 1 below.
These Terms set out the agreement between us and you regarding how you can use
the services and what responsibilities you and we have to each other. PLEASE
READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION AND YOUR RIGHT TO
OPT OUT, YOUR ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATED TO CONTRACTING
INFECTIOUS AND/OR COMMUNICABALE DISEASES (INCLUDING WITHOUT LIMITATION
COVID-19), NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL BY USING
THE SITE OR ANY SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT
AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE SERVICES.
LAST UPDATED JANUARY 19, 2022.
1. Acceptance of Terms of ServiceMore +
2. Permitted UsesMore +
3. Access to the Site and Availability of ServicesMore +
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of
Social FeaturesMore +
5. You Agree to Our Privacy Policy and Third Party AdsMore +
6. Wireless and Location-Based Features; Wi-Fi Internet Services; Social Media
Plug-insMore +
7. Your Conduct and Acceptable UseMore +
8. MonitoringMore +
9. Digital Items, Subscriptions and CreditsMore +
10. User Content; Grant of Limited LicenseMore +
11. MerchantsMore +
12. Children’s Online Privacy Protection Act NotificationMore +
13. Disclaimer Of WarrantiesMore +
14. Exclusion Of DamagesMore +
15. Limitation Of Liability; Applicability Of Disclaimers, Exclusions And
LimitsMore +
16. Universal Parks Is Not Responsible For Third-Party Websites And ContentMore
+
17. IndemnificationMore +
18. Reservation Of RightsMore +
19. TerminationMore +
20. Infringement PolicyMore +
21. Links By You To The ServicesMore +
22. Responsible Use Of SiteMore +
23. InvestigationsMore +
24. Local RegulationsMore +
25. Export ControlMore +
26. Binding Arbitration Of All Disputes; No Class ReliefMore +
27. Dispute Resolution For Non-US Residents Only If A Tribunal Has Ruled That
Arbitration Is Prohibited By LawMore +
28. Express Assumption of Risk & Release of Liability - COVID-19 & Other
Infectious and/or Communicable DiseasesMore +
29. Member DisputesMore +
30. Notice For California UsersMore +
31. GeneralMore +
32. Terms Applicable For Apple iOSMore +
33. Official In-Park Social Media Giveaway RulesMore +
34. Official Social Media Sweepstakes RulesMore +
--------------------------------------------------------------------------------
1. ACCEPTANCE OF TERMS OF SERVICE
Each time you access and/or use our 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 receive notice of posting the new terms
via our Sites or services, and your continued use after posting new terms
constitutes acceptance of any new and/or revised terms.
If you do not agree with any of these Terms of Service, including the
Privacy Policy incorporated herein, please do not use our services. By
using our services you will be deemed to have irrevocably agreed to these
Terms, including as they relate to your assumption of risk and release of
liability associated with infectious/communicable diseases (including
COVID-19 as defined by the World Health Organization and any strains,
variants, or mutations thereof) and your ticket and/or pass purchase and/or
hotel accommodations and/or vacation package purchase. Some areas of our
services may also be subject to Additional Terms and conditions, which you
should read carefully before making any use of those areas. Such Additional
Terms will not change or replace these Terms regarding use of our services,
unless otherwise expressly stated.
These Terms of Service apply when you interact digitally with
UniversalParks.com, UniversalOrlando.com, UniversalStudiosHollywood.com and
other Internet Sites owned or operated by Universal Parks (the “Site” or
“Sites”), Mobile Apps, Wi-Fi Internet access points, and any other
services, products and any related software or mobile and/or tablet
applications offered by Universal Parks, including any purchase of
admission ticket(s) and/or pass(es) and/or hotel accommodations and/or
vacation package(s) to Universal Parks’ properties through the Sites and
any visits to Universal Parks’ properties using admission ticket(s) and/or
pass(es) and/or hotel accommodations and/or vacation package(s) purchased
through the Sites. Note that in some instances, both these Terms of Service
and separate additional terms or licenses, guidelines, rules or terms of
service will apply to your use of some services offered and/or operated by
Universal Parks (in each such instance, and collectively, “Additional
Terms”). These Additional Terms will be posted in connection with the
applicable services and will be in addition to these Terms of Service.
Where any direct conflict exists between these Terms of Service, or any
Additional Terms, and the applicable Privacy Policy, the terms of the
Privacy Policy shall take precedence; however provisions unique to these
Terms of Service (e.g., arbitration) will remain in effect as outlined
here.
Universal Parks 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
We only grant you a limited revocable license to use the Site or service
for your own personal and non-commercial use subject to rules and
limitations.
The services contain material that is derived in whole or in part from
material supplied and owned by Universal Parks as well as third parties
(“Content”). As between Universal Parks and You, Universal Parks 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 Universal Parks’ 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 Universal Parks. 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 Universal Parks 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 Universal Parks 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
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.
The Site and services are intended for use by users who are over the age of
18 and reside in the United States, its territories and possessions
(“U.S.”) or those outside of the U.S. that consent to use the services in
accordance with U.S. laws, this Terms of Service and the Privacy Policy. By
using or attempting to use the Site or services, you certify that you meet
any other eligibility and residency requirements of the Site.
Universal Parks 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 Universal Parks. Universal Parks 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
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.
If you establish an account with Universal Parks, 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 Universal Parks 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. YOU AGREE TO OUR PRIVACY POLICY AND THIRD PARTY ADS
By accessing and using the services, you consent to our Privacy Policy and
our practices detailed in it, including targeted advertising and the use of
tracking technologies.
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.
Any personal details and data acquired by Universal Parks from your
participation on the services will be used in accordance with our Privacy
Policy and Tracking (Cookies) Technologies Policy, including targeted
advertising and tracking information we collect automatically. To learn
more about how you can opt out of targeted advertising, please click on the
“Ad Choices” icon on the Site (where applicable), as described more fully
in the Privacy Policy.
6. 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.
(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 Parks Wi-Fi Internet Services. Universal Parks, through its
providers, offers wireless Internet access to guests at select locations
(“Wi-Fi Internet Services”). If you are a XFINITY Internet subscriber your
use of the Wi-Fi Internet Services is also subject to your subscriber
agreement. You acknowledge that Universal Parks 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. Universal Parks 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. Universal Parks
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 Universal
Parks shall not be liable for such interruptions. You further acknowledge
and agree that Universal Parks 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 Universal Parks’ 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. If you register for any Wireless Features
or access our Wi-Fi Internet Services then you agree that, in connection
with those services, we may send communications to your wireless device
regarding us or other parties. Further, we may collect information related
to your use of the Wireless Features or your access to any Wireless
Internet Services in accordance with our Privacy Policy. If you have
registered via the services for Wireless Features, then you agree to notify
Universal Parks of any changes to your wireless contact information
(including phone number) and update your accounts on the services to
reflect the changes.
(d) Location-Based Features. For services on mobile devices (“Mobile Apps”)
when you use one of our location-enabled services, we may collect and
process information about your actual location. Some of the Mobile Apps or
services require your location information for the feature to work. If you
have enabled GPS, geo-location or other location-based features on a
device, you acknowledge that your device location will be tracked and may
be shared with others consistent with the Privacy Policy.
Your wireless device may be configured to automatically broadcast
information to wireless access points, including our Wi-Fi Internet
Services. Universal Parks may keep a record of any publicly-broadcasted
information from those mobile devices configured to communicate with our
access points at Universal Parks locations. 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 Universal Parks Mobile App. This data may be
retained by Universal Parks 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 at
our locations. 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 Universal Parks 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-Universal Parks products exist today that may be
used specifically for these purposes.
Please see our Privacy Policy to find out more about how to opt out of
providing location information or contact privacy@nbcuni.com.
(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 or the Twitter “Tweet this” feature) 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.).
If you don’t want the social network to collect the information about you
described above, or to share it with us and other third parties, please
review the Privacy Policy of the relevant social network and/or log out of
the relevant social network before you visit our services. As with other
sites, you may be able delete any existing cookies placed on your computer
by the social network via your browser. See our Privacy Policy to find out
more about how our Sites contain plug-ins to social media networks.
7. YOUR CONDUCT AND ACCEPTABLE USE
Your use is subject to our rules regarding acceptable conduct and
practices.
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. Universal Parks, in its sole and absolute discretion, shall
determine whether any content you transmit or receive, or your use of the
services violates this provision.
No Collection of Personal Information From Other Users and No Commercial
Use. You may not collect information about other users of the services in
violation of our Privacy Policy or use any such information for the purpose
of transmitting or facilitating transmission of unauthorized or unsolicited
advertising, junk or bulk email, chain letters, or any other form of
unauthorized solicitation.
Be Yourself. You may not impersonate or falsely state or otherwise
misrepresent your professional or other affiliation with Universal Parks 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.
8. MONITORING
Universal Parks may, but has no obligation to, monitor the use by you and
other end users of the services. During monitoring, any information
relating to any user or their respective activities on the services may be
examined, recorded, copied, and used for authorized purposes in accordance
with our Privacy Policy Furthermore, Universal Parks 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 Universal Parks’ sole and absolute discretion are
objectionable or in violation of these Terms of Service.
9. 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.
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 suspend 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 or 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.
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.
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 Universal Parks
(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 Universal Parks 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 Universal Parks, 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
Universal Parks 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 Universal
Parks, 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 Universal Parks 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 Universal
Parks, 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 Universal Parks, 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 Universal Parks 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 Universal Parks, 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 Universal Parks, 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 Universal Parks & Resorts, 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.
Ownership: 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 Universal
Parks 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 Universal
Parks.
Idea Submissions Prohibited: Universal Parks 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 Universal Parks through the
services, including posts on any Site or any third party social network or
website, or by email, text message or any other means. However, if you
decide to make any such unsolicited submission, you hereby grant to
Universal Parks the right and license to the submission as if it were User
Content as specifically set forth above. In addition, Universal Parks
retains all of the rights held by members of the general public with regard
to your unsolicited ideas and materials. Universal Parks’ receipt of your
unsolicited ideas and materials is not an admission by Universal Parks of
their novelty, priority, or originality, and it does not impair Universal
Parks’ 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 Universal Parks. You acknowledge that you have no expectation
of privacy with regard to any User Content.
Liability for User Content: Notwithstanding anything else in these Terms of
Service, Universal Parks 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 Universal Parks, 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 Universal Parks 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.
Universal Parks 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.
11. MERCHANTS
Universal Parks is not responsible for your business dealings with
merchants found on the services.
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. Universal Parks 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
Universal Parks’ services are not designed or intended for use by children
under the age of 18.
Protections (such as computer hardware, software, or filtering services)
are commercially available that may assist you in limiting access to
material that is harmful to minors. Information identifying current
providers of such protections is available at the Electronic Frontier
Foundation website, http://www.eff.org. To view information on our policy
regarding the privacy of children under the age of 13, please see our
Privacy Policy.
13. DISCLAIMER OF WARRANTIES
As set forth in detail in this section, we disclaim warranties and provide
the services “As Is.”
While Universal Parks uses reasonable efforts to include up to date
information on the Site and services, Universal Parks makes no warranties
or representations as to its accuracy, timeliness, reliability,
completeness or otherwise.
UNIVERSAL PARKS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE”
BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNIVERSAL PARKS, ITS PARENT,
ITS SUBSIDIARIES, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE
“UNIVERSAL 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, THE UNIVERSAL PARTIES DO
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. THE UNIVERSAL
PARTIES DO 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. THE UNIVERSAL PARTIES DO 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 WEBSITES LINKED TO THE SERVICES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE UNIVERSAL
PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICES OR ANY
WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE UNIVERSAL PARTIES
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF
THE SERVICES OR ANY OTHER WEBSITE. 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
You agree that you are entitled to no damages for any claims related to
your use of the services, except as set out below.
NONE OF THE UNIVERSAL 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 THE UNIVERSAL PARTIES HAVE 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 UNIVERSAL 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, THE UNIVERSAL PARTIES 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.
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.
15. LIMITATION OF LIABILITY; APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND
LIMITS
Our liability to you is limited.
IN NO EVENT WILL THE UNIVERSAL 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 THE UNIVERSAL PARTIES 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,
UNIVERSAL 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. UNIVERSAL PARKS 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.
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 UNIVERSAL PARKS. ACCORDINGLY, UNIVERSAL
PARKS 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 UNIVERSAL PARKS. 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.
17. INDEMNIFICATION
You agree to indemnify us for material posted by you or through your
account.
You agree to defend, indemnify and hold harmless Universal Parks, its
parent, its subsidiaries, 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 Universal
Parks’ 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
Universal Parks reserves the right to modify or discontinue the Site or
services.
Universal Parks 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.
19. TERMINATION
We may terminate your account, password or access in our sole discretion at
any time and without prior notice.
Universal Parks 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 Universal
Parks 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 Universal Parks and its licensors and
all rights granted by you to Universal Parks shall survive in perpetuity.
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.
Universal Parks respects the intellectual property of others, and we ask
our users to do the same. The Site and services and materials incorporated
by Universal Parks 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 Universal Parks on the Site and services are also protected as
registered or unregistered trademarks, trade names and/or service marks
owned by Universal Parks or others (“Trademarks”).
Universal Parks, 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. Universal Parks 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 agents identified below to
request a review of the alleged infringement:
Designated DMCA Agent:
DMCA Agent:
NBCUniversal Law Department:
30 Rockefeller Plaza, Rm. 1087E:
New York, NY 10112:
Phone: 212.664.4444:
Email: dmca.agent@nbcuni.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 Universal Parks 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
You may link to our services, subject to some basic rules.
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 Universal Parks or cause any other confusion
regarding your relationship to Universal Parks 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 Universal Parks 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 Universal Parks. Universal Parks 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 services.
Please act responsibly when using the Site and services. You may only use
the services 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 Universal Parks, and that you are responsible for all
material you upload, publicly post or otherwise transmit to or through this
Site or services.
23. INVESTIGATIONS
We reserve the right to investigate suspected violations of these Terms.
Universal Parks 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. Universal
Parks may seek to gather information from the user who is suspected of
violating these Terms, and from any other user. Universal Parks 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 Universal Parks believes, in its sole discretion, that a violation of
these Terms has occurred, it may edit or modify any submission, posting or
email, remove the material permanently, cancel postings, warn users,
suspend users and passwords, terminate accounts or take other corrective
action it deems appropriate. Universal Parks will fully cooperate with any
law enforcement authorities or court order requesting or directing
Universal Parks to disclose the identity of anyone posting any email, or
publishing or otherwise making available any materials that are believed to
violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS UNIVERSAL PARKS 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 UNIVERSAL
PARKS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF UNIVERSAL
PARKS OR LAW ENFORCEMENT AUTHORITIES.
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.
Universal Parks 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
There are restrictions on the services for those countries subject to U.S.
export controls.
Unless otherwise specified, the materials on the services are presented
solely to provide information regarding and to promote Universal Parks’
services and other products available in the U.S. The services are
controlled and operated by Universal Parks from offices within the States
of Florida and California. Universal Parks 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
You agree to arbitrate and waive any right to a jury trial, to seek class
treatment of any claims, or to participate as a class member in a class
action filed by anyone else.
This Section 26 is deemed to be a “written agreement to arbitrate” pursuant
to the Federal Arbitration Act. You and Universal Parks 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 of ticket(s) and/or passes and/or
hotel accommodations and/or vacation package(s) or other transactions or
relationships with Universal Parks, or (iii) any data or information you
may provide to Universal Parks or that Universal Parks may gather in
connection with such use, interaction or transaction (collectively,
“Universal Parks Transactions or Relationships”), you will not have the
right to pursue a claim or relief in court, or have a jury decide the claim
or relief 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
Universal Parks Transactions or Relationships with us, you agree to binding
arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints,
disputes, or disagreements that you may have with us. If those efforts
fail, by using our Site or other online service, you agree that any
complaint, dispute, or disagreement you may have against Universal Parks,
and any claim that Universal Parks may have against you, arising out of,
relating to, or connected in any way with these Terms of Service, our
Privacy Policy, or any Universal Parks 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, Universal Parks 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) No Class Or Representative Actions. The Arbitration can resolve only
your and/or Universal Parks’ individual claims, and the Arbitrator shall
have no authority to entertain or arbitrate any claims on a class or
representative basis, or unless both you and Universal Parks agree
otherwise in writing, to consolidate or join the claims of other persons or
parties who may be similarly situated;
(b) Non-Individualized relief. The Arbitrator may award relief (including
monetary, injunctive, and declaratory relief) only in favor of the
individual party seeking relief and only to the extent necessary to provide
relief necessitated by that party’s individual claim(s). Any relief awarded
cannot affect other users or the general public. If a Court decides that
applicable law precludes enforcement of any of this paragraph’s limitations
as to a particular claim for relief, then subject to your and Universal
Parks’ right to appeal the court’s decision, that claim (and only that
claim) must be severed from the arbitration and may be brought in court.
All other claims will be arbitrated;
(c) 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 Universal Parks (the “Arbitrator”);
(d) 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;
(e) 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 Universal Parks; 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;
(f) Governing Law. The Arbitrator (i) shall apply internal laws of the
applicable state pursuant to Section 31(a) below 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 rules of
procedure of the applicable state pursuant to Section 31(a) below 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.
(g) 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;
(h) 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, Universal Parks 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;
(i) Reasonable Attorney’s Fees. In the event you recover an Award greater
than Universal Parks’ last written settlement offer, the Arbitrator shall
also have the right to include in the Award Universal Parks’ reimbursement
of your reasonable and actual out-of-pocket attorneys’ fees associated with
the Arbitration. If Universal Parks is the prevailing party or if you
recover an Award less than Universal Parks’ last written settlement offer,
the Arbitrator shall also have the right to include in the Award your
reimbursement of Universal Parks’ reasonable attorneys’ fees associated
with the Arbitration.
(j) Interpretation and Enforcement of Arbitration Clause. With the
exception of any of the provisions of subsection (a) of this arbitration
agreement (“No Class or Representative Actions”), if an arbitrator or court
decides that any part of this agreement to arbitrate is invalid or
unenforceable, the other parts of this agreement to arbitrate shall still
apply. If an arbitrator or court decides subsection (a) of this agreement
to arbitrate is invalid or unenforceable, then if Universal Parks so
elects, the entirety of this agreement to arbitrate shall be null and void.
If a court decides that applicable law precludes enforcement of any of the
provisions of subsection (b) (“Non-Individualized relief”) as to a
particular claim for relief, then subject to your and Universal Parks’
right to appeal that decision, that claim (and only that claim) must be
severed from the arbitration and litigated in court. All other claims and
disputes subject to arbitration under this agreement to arbitrate,
including any and all claims for monetary damages of any kind, shall be
arbitrated.
(k) Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate
(“optout”) by mailing us a written opt-out notice (“Opt-Out Notice”). The
Opt-Out Notice must be postmarked no later than 30 days after the date you
accept the Terms Of Service for the first time. You must mail the Opt-Out
Notice to Universal City Studios LLC d/b/a Universal Parks & Resorts, Attn:
Legal Department (Opt-Out Notice), 1000 Universal Studios Plaza, Orlando,
FL 32819.
For your convenience, we are providing a hyperlink to the Opt-Out Notice
form you must complete and mail to validly opt out of arbitration. You must
complete the Opt-Out Notice form by providing the information called for in
the form, including your name, address (including street number and
address, city, state, and zip code), phone number and the email address(es)
used to log in to your Universal Parks account to which the opt out
applies. You must sign the Opt-Out Notice for it to be effective. This
procedure is the only way you can opt out of arbitration. If you opt out of
arbitration, all other parts of the Terms of Service will continue to
apply. Opting Out of this Agreement to Arbitrate has no effect on any
previous, other, or future arbitration agreements that you may have with
us.
(l) Modification of Arbitration Clause With Notice. Universal Parks may
modify these arbitration provisions. You agree to be bound by the
arbitration provisions and terms in effect at the time you acknowledged
receipt and acceptance of these Terms of Service when purchasing or
otherwise using our services; except that any later modifications to these
arbitration provisions shall also become effective thirty (30) days after
Universal Parks has given notice of such modifications by posting the new
terms via the Sites or the services, and only on a prospective basis for
claims arising from Universal Parks Transactions and Relationships
occurring after the effective date of such notification.
(m) 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 Universal Parks 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
Non-US citizens agree to an alternative procedure for dispute resolution if
a tribunal rules 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 Universal Parks’ 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:
By mail: DMCA Agent, NBCUniversal Law Department, 30 Rockefeller Plaza, Rm.
1087E, New York, NY 10112.
By email: dmca.agent@nbcuni.com
For a period of sixty (60) days from the date of receipt of notice from the
other party, Universal Parks and you will engage in a dialogue in order to
attempt to resolve the Section 27 Dispute, though nothing will require
either you or Universal Parks to resolve the Section 27 Dispute on terms
with respect to which you and Universal Parks, in each of our sole
discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in
Florida shall have non-exclusive jurisdiction of any Section 27 Dispute
related to Universal Orlando Resort and Universal Parks & Resorts Vacation.
The parties agree that the state or federal courts in California shall have
non-exclusive jurisdiction of any Section 27 Dispute related to Universal
Studios Hollywood and Universal CityWalk Hollywood.
(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 applicable state
as set forth in Section 31(a) below 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 Universal Parks 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 Universal Parks’
intellectual property rights (including such Universal Parks may claim that
may be in dispute), Universal Parks’ operations, and/or Universal Parks’
products or services.
28. EXPRESS ASSUMPTION OF RISK & RELEASE OF LIABILITY - COVID-19 & OTHER
INFECTIOUS AND/OR COMMUNICABLE DISEASES
In connection with your purchase of Universal Parks products (including but
not limited to admission ticket(s), pass(es), hotel accommodations and/or
vacation package(s)) and your visit to Universal Parks locations, please be
advised that you must follow Universal Parks’ policies, CDC guidelines, and
the recommendations of health officials. Please note that any public
location where people are present provides an inherent risk of exposure to
COVID-19, and Universal Parks cannot guarantee that you will not be exposed
during your visit.
This Section 28 is an acknowledgement and express assumption of risk and
release of liability as it relates to the risks of being exposed to or
contracting COVID-19 (as defined by the World Health Organization and any
strains, variants, or mutations thereof) (“COVID-19”), the coronavirus that
causes COVID-19, or any other communicable and/or infectious disease, while
visiting Universal Parks locations (collectively, “The Properties”). By
purchasing an admission ticket(s) and/or pass(es) and/or hotel
accommodations and/or vacation package(s) and entering The Properties, you
are acknowledging and confirming on your behalf, and on behalf of any
individual who uses the admission ticket(s) and/or pass(es) and/or hotel
accommodations and/or vacation package(s) you purchased to enter The
Properties (including any minor children), both now and in the future, that
you understand and expressly assume the risk that during your visit you may
be exposed to COVID-19, the Coronavirus that causes COVID-19, or other
communicable and/or infectious diseases. You expressly understand that
these risks include contracting COVID-19 or other communicable and/or
infectious diseases and the associated dangers, medical complications and
physical and mental injuries, both foreseen and unforeseen, that may result
from contracting COVID-19 or other communicable and/or infectious diseases.
You further acknowledge and understand that any interaction with the
general public poses an elevated, inherent risk of being exposed to and
contracting communicable and/or infectious diseases, including, but not
limited to, COVID-19 and the Coronavirus that causes COVID-19, that
Universal Parks cannot guarantee that you will not be exposed during your
visit to The Properties, and that as such, potential exposure to or
contraction of COVID-19 or any other communicable and/or infectious
diseases are risks inherent in your decision to visit The Properties and
cannot be eliminated. You further acknowledge and understand that if
infected with COVID-19, the Coronavirus that causes COVID-19, or any other
communicable and/or infectious disease, you may infect others you
subsequently come in to contact with, even if you are not experiencing or
displaying any symptoms of illness yourself, and that the risk of spreading
COVID-19 to others remains even after the you depart The Properties. The
same is true for many other communicable and/or infectious diseases you may
be exposed to during your visit.
You and Universal Parks further agree that we intend this Section 28 to be
a binding and full release of liability for negligence and/or the inherent
risks associated with visiting the Properties during an epidemic or
pandemic with respect to any controversy, claim or dispute that may arise
out of or during your visit to The Properties that is related to exposure
to or the contraction of any communicable and/or infectious disease,
including, but not limited to, COVID-19 or the Coronavirus that causes
COVID-19. Specifically, you agree that:
YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS,
SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT
OF KIN) HEREBY RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE
UNIVERSAL PARKS AND THE ADDITIONAL RELEASED PARTIES NOTED BELOW WITH
RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE,
EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL
INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN
ANY WAY TO, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE AND/OR INFECTIOUS
DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19 (OR THE CORONAVIRUS THAT
CAUSES COVID-19), DURING YOUR VISIT TO THE PROPERTIES, OR DURING YOUR
PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED
BY UNIVERSAL PARKS, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE
AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR
(II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE PROPERTIES DURING ANY
EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. YOU FURTHER AGREE
THAT THE FORGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO
AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN
ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS
DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19, BY ANY OTHER INDIVIDUAL,
INCLUDING BUT NOT LIMITED TO YOUR MINOR CHILDREN AND/OR FAMILY MEMBERS, AS
A RESULT OF THEIR VISITING THE PROPERTIES USING TICKET(S) AND/OR PASS(ES)
AND/OR HOTEL ACCOMMODATIONS AND/OR VACATION PACKAGE(S) YOU PURCHASED OR AS
A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR VISIT TO
THE PROPERTIES. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT
IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT
TO SUE IS BEING ENTERED IN TO ON YOUR BEHALF, AS SET FORTH ABOVE, AND ALSO
ON THE BEHALF OF ANY OTHER INDIVIDUAL WHO USES AN ADMISSION TICKET AND/OR
PASS AND/OR HOTEL ACCOMMODATIONS AND/OR VACATION PACKAGE PURCHASED BY YOU
TO ENTER THE PROPERTIES.
For purposes of this Section 28, you and Universal Parks agree that the
“Released Parties” shall include (a) Universal Parks, (b) Universal Parks’
parent, subsidiary and affiliated companies; (c) the respective employees,
agents, shareholders and officers of the entities described in (a)-(b)
above; and (d) the licensees, successors, assigns and heirs of the entities
and individuals referred to in (a)-(c) above.
You further acknowledge and agree that you are familiar with and do hereby
waive the provisions of Section 1542 of the California Civil Code (and
similar provisions of other jurisdictions) which provides as follows: “A
general release does not extend to claims which the creditor or releasing
party does not know or suspect to exist in his or her favor at the time of
executing the release and that, if known by him or her would have
materially affected his or her settlement with the debtor or released
party.”
This acknowledgement and express assumption of risk and release of
liability is intended to be as broad and inclusive as is permitted by law.
If any part of this provision is held to be invalid or legally
unenforceable for any reason, the remainder of this provision shall not be
affected thereby and shall remain valid and fully enforceable.
29. MEMBER DISPUTES
You are solely responsible for your communications with members or visitors
to the services.
You are solely responsible for any interaction with other members or
visitors to the services, and Universal Parks reserves the right, but shall
have no obligation, to monitor disputes between you and any other member of
Universal Parks.
30. NOTICE FOR CALIFORNIA USERS
Residents of California are entitled to specific consumer rights
information.
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.
31. GENERAL
By accessing and using the services, you agree to certain terms regarding
(a) 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; and (e) the manner in which you communicate with us. You also agree
not to assign or delegate your rights and obligations under these Terms of
Service.
(a) Applicable law. These Terms of Service, any Additional Terms and the
relationship between you and Universal Parks with respect to Universal
Orlando Resort and/or Universal Parks & Resorts Vacations shall be governed
by the laws of the U.S. and the State of Florida without regard to its
conflicts of law provisions.
These Terms of Service, any Additional Terms and the relationship between
you and Universal Parks with respect to Universal Studios Hollywood and/or
Universal CityWalk Hollywood shall be governed by the laws of the U.S. and
the State of California without regard to its conflicts of law provisions.
(b) Venue. 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 and
Universal Orlando and/or Universal Parks & Resorts Vacations 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 Universal Parks 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.
(d) Severability. 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. You agree that regardless of any statute
or law which establishes a different statute of limitations, to the maximum
extent permitted under applicable law, any claim or cause of action
(including any arbitration) arising out of, related to or connected with
the use of the Site or other services, or these Terms of Service, our
Privacy Policy, or other Universal Parks 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.
(h) Assignment. 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 Universal Parks’
prior written consent.
(i) Connectivity. 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.
32. 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 Universal Parks 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 Universal Parks, 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 Universal Parks, Universal Parks 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, 15, and 28, Universal Parks’ 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.
33. OFFICIAL IN-PARK SOCIAL MEDIA GIVEAWAY RULES
The following rules shall govern all Universal Parks In-Park Social Media
Giveaways unless otherwise stated in writing by Universal Parks:
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING. PLEASE READ THESE RULES
CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS
INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR R IGHT
TO A JURY TRIAL.
(a) Eligibility: These rules (the "Official Rules") apply to all in-park
Universal Parks social media giveaway promotions (collectively, the
"Promotions"). The Promotions are open only to legal residents of the fifty
(50) United States and the District of Columbia who are at least eighteen
(18) years old and of the age of majority in their state of residence at
the time of entry (age of majority is nineteen (19) years in Alabama and
Nebraska and twenty-one (21) years in Mississippi) and who are present in
the applicable theme park or venue at the time of the Promotion
announcement. Officers, directors, and employees of Universal Parks and its
parent and affiliated companies, as well as the immediate family (spouse,
parents, siblings and children, regardless of where they reside) and
household members of each such employee (whether or not related thereto)
are not eligible to enter Universal Parks Promotions. The Promotions are
subject to all applicable federal, state, and local laws and regulations.
Void where prohibited. Participation constitutes entrant's full and
unconditional agreement to these Official Rules and Universal Parks’
decisions, which are final and binding in all matters related to the
applicable Promotion. Winning a Prize is contingent upon fulfilling all
requirements set forth herein.
By participating in any social media Promotion via Facebook, Twitter,
Instagram, or any other Universal Parks social media channel you agree to
these Official Rules, which are a contract, so read them carefully before
participating. Without limitation, this contract includes indemnities to
the Released Parties (defined below) from you and a limitation of your
rights and remedies. The details and requirements for entry or
participation in any Promotion shall be provided by the official Universal
Parks social media channels from time to time, at the discretion of
Universal Parks. You must follow the directions provided by Universal
Parks’ official social channels and otherwise be bound by and follow these
Official Rules to be eligible to receive a Prize in connection with any
Promotion. The Promotions are in no way sponsored, endorsed or administered
by, or associated with any social media network including without
limitation: Facebook, Twitter, Instagram, or Snapchat. Entrants are
providing information to Universal Parks and not to Facebook, Twitter,
Instagram, or Snapchat.
(b) Sponsor: The Sponsor for Universal Parks & Resorts and Universal
Studios Hollywood Promotions shall be Universal City Studios LLC, 100
Universal City Plaza Universal City, CA 91608. The Sponsor for Universal
Orlando Resort Promotions shall be Universal City Development Partners,
Ltd., 1000 Universal Studios Plaza, Orlando, FL 32819.
(c) Timing: Universal Parks shall accept Promotion entries only during the
Promotions entry period as provided for in the applicable Universal Parks
announcement (the "Entry Period"). If the applicable Promotion announcement
does not indicate an Entry Period, then the Entry Period shall begin when
the announcement is made and end when all Prizes have been claimed, but in
no event shall the Promotion extend beyond sixty minutes from the time the
Promotion is announced.
(d) How to Enter: Your method of entry shall be as provided for in the
applicable Promotion announcement during the applicable Entry Period. The
giveaway location shall be identified by the Official Universal Parks
Facebook, Twitter, Instagram, or Snapchat account. No other method of entry
will be accepted. Limit one (1) entry per person per Promotion, regardless
of method of entry. Additional entries beyond the specified limit will be
void.
(e) Entry and Timing: Universal Parks’ designated representative is the
official timekeeper for all Promotions. Universal Parks reserves the right
to disqualify any entrant for offensive, inappropriate, or obscene behavior
or failure to comply with Universal Parks’ theme park or venue rules and
regulations or the Terms of Service. Entries from businesses, organizations
or groups are not permitted. Any attempt by an entrant to obtain more than
a single entry will void that entrant's entries and that entrant may be
disqualified.
(f) Winner Selection: The winner(s) of the applicable giveaway will be
selected by random drawing or the earliest arriving eligible entrant(s) who
appear before Universal Parks’ designated representative, as determined at
Universal Parks’ sole discretion. In no event shall the number of Winners
exceed the quantity of available Prizes. Subject to verification of
eligibility and compliance with the terms of these Official Rules, the
potential winner(s) will be declared the official winner(s) of the
applicable Promotion (each, a "Winner" and collectively, the "Winners").
The decisions of Universal Parks are final and binding on all matters
relating to these Promotions. Limit one (1) Prize per person, family or
household per Promotion. Potential winners may be required to execute an
affidavit of eligibility, release of liability, and publicity release
(collectively, "Promotion Documents"). Noncompliance with these Official
Rules may result in disqualification at Universal Parks’ discretion.
(g) Prizes: The prize(s) and quantity of such prize(s) to be offered in
each Promotion (each, a "Prize" and collectively, the "Prizes") shall be
identified by the Official Universal Parks Facebook, Twitter, Instagram, or
Snapchat account. If no Prize quantity is stated, then a single Prize shall
be awarded. The approximate retail value of each Prize shall be $20-400.
Exact Prize details shall be determined in the sole and absolute discretion
of Universal Parks. Prizes are non-transferable and non-assignable, with no
cash redemptions except at Universal Parks’ sole and absolute discretion.
Universal Parks reserves the right to substitute any Prize (or any portion
thereof) with one of comparable or greater value at its sole and absolute
discretion. Each Winner is fully responsible for any and all applicable
federal, provincial, state and local taxes (including income and
withholding taxes). All costs and expenses associated with the Prize
acceptance and use not specified by the Official social accounts as being
provided, including but not limited to lodging, transportation costs,
meals, gratuities and other expenses incurred by accepting the Prize are
the sole responsibility of the Winner. All details of all Prizes including
the redemption timing will be determined by Universal Parks in its sole
discretion and are subject to change without notice or warning. All
expenses and incidental costs not expressly stated in the description
above, including but not limited to, taxes or other expenses are the sole
responsibility of the Winner. Restrictions, conditions and limitations may
apply. Winner will not receive difference between actual and approximate
retail value. Prize is non-transferable and no substitution will be made
except as provided herein at the Universal Parks’ sole discretion.
(h) Release: By entering the Promotion, each entrant agrees for entrant and
for entrant's heirs, executors, and administrators (a) to release and hold
harmless Facebook, Twitter, Instagram, Snapchat, Universal Parks, Universal
City Studios LLC, Universal Studios LLC, NBCUniversal Media, LLC, Universal
City Development Partners, Ltd., NBCUniversal Media, LLC, the parent,
subsidiary, affiliated and related companies of each of the foregoing, the
successors and assigns of each of the foregoing, and the respective
directors, officers, constituent general and limited partners, employees
and agents of each of the foregoing (collectively, "Released Parties") from
any liability, illness, injury, death, loss, litigation, or damage that may
occur, directly or indirectly, whether caused by negligence or not, from
such entrant's participation in the or Promotion and/or his/her acceptance,
possession, use, or misuse of Prize or any portion thereof (including any
travel related thereto); (b) to indemnify Released Parties from any and all
liability resulting or arising from the Promotion and to hereby acknowledge
that Released Parties have neither made nor are in any manner responsible
or liable for any warranty, representation, or guarantee, express or
implied, in fact or in law, relative to Prize, including express warranties
provided exclusively by Prize supplier that are sent along with Prize; (c)
if selected as a Winner, to the posting of such entrant's name on Universal
Parks social media channels and the use by Released Parties of such name,
voice, image, and/or likeness for publicity, promotional, and advertising
purposes in any and all media now or hereafter known, throughout the world
in perpetuity, without additional compensation, notification, permission,
or approval, and, upon request, to the giving of consent, in writing, to
such use; and (d) to be bound by these Official Rules and to waive any
right to claim any ambiguity or error therein or in the Promotion itself,
and to be bound by all decisions of Universal Parks, which are binding and
final. Failure to comply with these conditions may result in
disqualification from the Promotion at Universal Parks’ sole discretion.
(i) Publicity: Participation in the Promotion constitutes Winner's consent
to Universal Parks’ and its agents' use of Winner's name, likeness,
photograph, voice, opinions, posts and/or hometown and state for
promotional purposes in any media, worldwide, without further payment or
consideration. Each Winner and their applicable guest(s) may be required to
sign a publicity general release form.
(j) General Conditions: Universal Parks reserves the right to cancel,
suspend and/or modify the Promotion, or any part of it, if any fraud,
technical failures or any other factor beyond Universal Parks’ reasonable
control impairs the integrity or proper functioning of the Promotion, as
determined by Universal Parks in its sole discretion. Universal Parks and
all Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrants, printing errors or by
any of the equipment or programming associated with or utilized in the
Promotion; (2) technical failures of any kind, including, but not limited
to Facebook, Twitter, Instagram, or Snapchat network issues, malfunctions,
interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry
process or the Promotion; (4) technical or human error which may occur in
the administration of the Promotion or the determination of Winners; (5)
late, lost, undeliverable, corrupted or misdirected messages or emails; or
(6) any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from entrant's participation
in the Promotion or receipt or use or misuse of any Prize. No more than the
stated number of Prizes will be awarded. In the event that production,
technical, seeding, programming or any other reasons cause more than the
stated number of Prizes as set forth in these Official Rules to be
available and/or claimed, Universal Parks reserves the right to award only
the stated number of Prizes by a random drawing among all legitimate,
un-awarded, eligible Prize claims. Universal Parks reserves the right, in
its sole discretion, to disqualify any individual it finds to be tampering
with the entry process or the operation of the Promotion or to be acting in
violation of these Official Rules or any other promotion or in an
unsportsmanlike or disruptive manner. Any attempt by any person to
deliberately undermine the legitimate operation of the Promotion may be a
violation of criminal and civil law, and, should such an attempt be made,
Universal Parks reserves the right to seek damages from any such person to
the fullest extent permitted by law. Universal Parks’ failure to enforce
any term of these Official Rules shall not constitute a waiver of that
provision. Your participation in the Promotion is subject to Section 28 of
these Terms including your assumption of risk as to COVID-19 & other
infectious and/or communicable diseases. If the Prize includes park
tickets, your redemption and use of such Prize shall be subject to these
Terms of Service.
(k) Limitations of Liability: THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO
ACTUAL DAMAGES. IN NO EVENT SHALL ANY PARTY SEEK INJUNCTIVE OR ANY OTHER
EQUITABLE RELIEF. You hereby waive all rights to claim, indirect, punitive,
incidental and consequential damages and any other damages, other than for
actual out-of-pocket expenses in any dispute related to or arising from
these Official Rules or the Prize.
(l) Disputes: You agree to ARBITRATE ANY DISPUTES WITH UNIVERSAL PARKS and
to WAIVE JURY TRIAL and CLASS ACTIONS as more fully set forth above in
Sections 26 and 27, which terms govern the Promotions as if fully
incorporated into these Official Rules (except that if there is a conflict
between these Official Rules and those terms, these Official Rules will
govern such conflict). Your participation in the Promotions may also be
subject to other local, state or national laws.
(m) Entrant's Personal Information: Information collected from entrants is
subject to Universal Parks’ Terms of Service and Privacy Policy.
34. OFFICIAL SOCIAL MEDIA SWEEPSTAKES RULES
The following rules shall govern all Universal Parks Social Media
Sweepstakes unless otherwise stated in writing by Universal Parks:
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING. PLEASE READ THESE RULES
CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS
INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT
TO A JURY TRIAL.
(a) Eligibility: These rules (the "Official Rules") apply to all Universal
Parks social media sweepstakes (collectively, the "Sweepstakes"). The
Sweepstakes are open only to legal residents of the fifty (50) United
States and the District of Columbia who are at least eighteen (18) years
old and of the age of majority in their state of residence at the time of
entry (age of majority is nineteen (19) years in Alabama and Nebraska and
twenty-one (21) years in Mississippi). Officers, directors, and employees
of Universal Parks and its parent and affiliated companies, as well as the
immediate family (spouse, parents, siblings and children, regardless of
where they reside) and household members of each such employee (whether or
not related thereto) are not eligible to enter Universal Parks Sweepstakes.
The Sweepstakes are subject to all applicable federal, state, and local
laws and regulations. Void where prohibited. Participation constitutes
entrant's full and unconditional agreement to these Official Rules and
Universal Parks’ decisions, which are final and binding in all matters
related to the applicable Sweepstakes. Winning a Prize is contingent upon
fulfilling all requirements set forth herein.
By participating in any social media Sweepstakes via Facebook, Twitter,
Instagram, Snapchat or any other Universal Parks social media channel you
agree to these Official Rules, which are a contract, so read them carefully
before participating. Without limitation, this contract includes
indemnities to the Released Parties (defined below) from you and a
limitation of your rights and remedies. The details and requirements for
entry or participation in any Sweepstakes shall be provided by the official
Universal Parks social media channels from time to time, at the discretion
of Universal Parks. You must follow the directions provided by Universal
Parks’ official social channels and otherwise be bound by and follow these
Official Rules to be eligible to receive a Prize in connection with any
Sweepstakes.
The Sweepstakes are in no way sponsored, endorsed or administered by, or
associated with any social media network including without limitation:
Facebook, Twitter, Instagram or Snapchat. Entrants are providing
information to Universal Parks and not to Facebook, Twitter, Instagram, or
Snapchat.
(b) Sponsor: The Sponsor for Universal Parks & Resorts and Universal
Studios Hollywood Sweepstakes shall be Universal City Studios LLC, 100
Universal City Plaza Universal City, CA 91608. The Sponsor for Universal
Orlando Resort Sweepstakes shall be Universal City Development Partners,
Ltd., 1000 Universal Studios Plaza, Orlando, FL 32819.
(c) Timing: Universal Parks shall accept Sweepstakes entries only during
the Sweepstakes entry period as provided for in the applicable Universal
Parks announcement (the "Entry Period"). If the applicable Sweepstakes
announcement does not indicate an Entry Period, then the Entry Period shall
begin on the date of the announcement and end on the following day. Unless
otherwise indicated, the Entry Period shall remain open until 11:59 p.m.
EST on the final day of the applicable Entry Period.
(d) How to Enter: Your method of entry shall be as provided for in the
Sweepstakes announcement, or if no method is described in such
announcement, based upon the default instructions for each applicable
social media channel as outlined below. No other method of entry will be
accepted. Limit one (1) entry per person per Sweepstakes, regardless of
method of entry. Additional entries beyond the specified limit will be
void.
* Email: If the Sweepstakes announcement identifies an email method of
entry, you may enter such Sweepstakes by sending a message from your
personal email account with the name of the Sweepstakes in the subject
line to: socialmedia@universalorlando.com. During each Entry Period,
only one (1) email entry per email address will be allowed. Multiple
entrants are not permitted to share the same email addresses.
* Twitter: To enter any Sweepstakes via Twitter, you must have a valid,
public (i.e. not "protected") Twitter account. If you do not have a
Twitter account, visit www.Twitter.com and register in accordance with
the account sign-up instructions to obtain a free Twitter account. To
enter any Sweepstakes via Twitter, follow the instructions provided by
the applicable Universal Parks Twitter account in the manner and time
period set forth by the Universal Parks Twitter account to receive one
(1) entry in the applicable Sweepstakes. The default Twitter entry
method shall be to comment the applicable Sweepstakes announcement
tweet. If the applicable Sweepstakes announcement provides for
retweeting (abbreviated "RT") as a form of entry, you may not
modify/amend or supplement the content of the announcement. If a retweet
is not exact, it is ineligible for the drawing. Failure to follow any
instructions provided by the Universal Parks Twitter account or to
submit your entry within the applicable Entry Period may result in
disqualification. The time of receipt of any valid Twitter entry shall
be the time such valid entry becomes available to Universal Parks on
Twitter.com.
* Facebook: To enter any Sweepstakes via Facebook, you must have a valid,
public (i.e. not "protected") Facebook account. If you do not have a
Facebook account, visit www.Facebook.com and register in accordance with
the sign up instructions for a free Facebook account. To enter any
Sweepstakes via Facebook, follow the instructions provided by the
Universal Parks Facebook account in the manner and time period set forth
by the Universal Parks Facebook account to receive one (1) entry in the
applicable Sweepstakes. The default Facebook entry method shall be to
comment the applicable Sweepstakes announcement post. Failure to follow
any instructions provided by the Universal Parks Facebook account or to
submit your entry within the applicable Entry Period may result in
disqualification. The time of receipt of any valid Facebook entry shall
be the time such valid entry becomes available to Universal Parks on
Facebook.com.
* Instagram: To enter any Sweepstakes via Instagram, you must have a valid
public Instagram account and upload a qualifying photo ("Photo") during
the Entry Period containing appropriate descriptive text along with the
hashtag provided in the Sweepstakes announcement. All entries shall
comply with the Instagram Terms of Use and Universal Parks Terms of
Service. Universal Parks shall be permitted to post your entry on
Universal Parks social media channels. All entries become the property
of Universal Parks and will not be acknowledged. If you do not have an
Instagram account, visit www.Instagram.com and sign up in accordance
with the registration instructions for a free Instagram account.
Universal Parks Instagram Sweepstakes Winners will be notified by
Instagram private message. Instagram may require you to respond to an
authorization request if you are not already following the Universal
Parks Instagram channel. It is your obligation to ensure that your
Instagram account is configured to receive private messages from the
Universal Parks Instagram account.
(e) Entry and Timing: Universal Parks’ computer is the official
time-keeping device for all Sweepstakes. Universal Parks reserves the right
to remove and/or disqualify any post/comment that is offensive,
inappropriate, obscene, slanderous, or otherwise in conflict with the
applicable social media platform terms and conditions or Universal Parks’
Terms of Service. Multiple entrants are not permitted to share the same
email account or social media account. Entries from social media accounts
associated with businesses, organizations or groups, as well as bulk or
listserv accounts are not permitted. Any attempt by any entrant to obtain
more than a single entry by using multiple/different social media accounts,
email accounts, identities, registrations and logins, or any other methods
will void that entrant's entries and that entrant may be disqualified.
Entries that are generated by a script, macro, or use of any other
automated system to participate is prohibited and will result in
disqualification. In the event of a dispute as to any registration, the
authorized account holder of the email account used to register will be
deemed to be the registrant or player. For entries via Facebook, Twitter,
Instagram, and Snapchat, the "authorized account holder" is defined as the
natural person who is assigned to each account by Facebook.com,
Twitter.com, Instagram.com, and Snapchat.com. For entries via email, the
"authorized account holder" is the natural person assigned to the email
address by an Internet access provider, online service provider or other
organization responsible for assigning email addresses for the domain
associated with the submitted address. Universal Parks reserves the right
to deem that the entry was made by the registered subscriber of the account
at the time of entry. The potential winner may be required to show proof of
being the authorized account holder.
(f) Random Drawing: The potential winner(s) of the applicable giveaway will
be selected by random drawing from among all eligible entries received for
the applicable Sweepstakes promptly following the end of the applicable
Entry Period. Subject to verification of eligibility and compliance with
the terms of these Official Rules, the potential winner(s) will be declared
the official winner(s) of the applicable Sweepstakes (each, a "Winner" and
collectively, the "Winners"). The decisions of Universal Parks are final
and binding on all matters relating to this Sweepstakes. Odds of winning
depend on the total number of eligible entries received for the applicable
Sweepstakes. Limit one (1) Prize per person, family or household per
Sweepstakes. The potential winners will be notified via private message on
the applicable social channel. Potential winners are responsible for
ensuring that their social media accounts are configured to receive private
messages from each applicable Universal Parks social channel. Potential
winners may be required to execute and return an affidavit of eligibility,
release of liability, and, except where prohibited, publicity release
(collectively, "Sweepstakes Documents") within three (3) days of such
notification. Noncompliance within this time period, with these Official
Rules or the return of or inability to deliver any Prize/prize notification
may result in disqualification at Universal Parks’ discretion. In the event
that a potential winner is disqualified for any reason, or if Winner cannot
be reached, or prize notification is returned as undeliverable, Universal
Parks will award the applicable Prize to an alternate Winner by random
drawing from among all remaining eligible entries. Only one (1) alternate
drawing will be held after which the Prize(s) will remain un-awarded. Limit
one (1) Prize per family or household.
(g) Grant of Rights and Submission Guidelines: For Sweepstakes with a photo
submission entry method, professional photographs or photographs containing
watermarks will not be eligible. By entering the Sweepstakes and submitting
a Photo, you grant Universal Parks the non-exclusive, royalty-free, and
irrevocable rights to use, reproduce, copy, publish, display, distribute,
perform, translate, adapt, modify, edit (including for length) and
otherwise exploit the Photo, and to incorporate the Photo in other works in
any and all markets and media worldwide in perpetuity. You warrant that you
have the sole and exclusive right to grant such rights to Universal Parks
and that the Universal Parks’ reproduction, publishing, displaying, and/or
other use of the Photo will not infringe on any rights of third parties,
including, without limitation, copyright, trademark, privacy, or publicity,
or create claims for defamation, false light, idea misappropriation,
intentional or negligent infliction of emotional distress, or breach of
contract. If any Photo contains material that is violent, pornographic,
obscene, illegal, inappropriate, or racially or morally offensive, or if
any Photo does not comply with these Official Rules, or meet Universal
Parks’ standards for any reason, as determined by Universal Parks in its
sole discretion, such Photo (and the related Entry) may be rejected as
ineligible for consideration and removed from the Sweepstakes. Entries must
comply with all applicable laws, rules, and regulations. You also warrant
that you have obtained: (a) permission to upload the Photo from (i) all
individuals appearing in the Photo, and (ii) the parents or legal guardians
of all persons under the age of eighteen (18) who appear in the Photo; and
(b) written permission to upload the Photo: (i) when photographing and/or
videotaping on property not owned or controlled by you, where such
permission is required, and (ii) from the parents or legal guardians of any
persons who appear in the Photo who are under the age of thirteen (13)
years. You acknowledge and agree that intellectual property depicted at
Universal Parks locations may be owned and/or licensed by third parties who
confer no rights on guests who may post and/or enter an applicable
Sweepstakes. Universal Parks shall have no obligation to copy, publish,
display, or otherwise exploit any Photo.
(h) Prizes: The prize(s) and quantity of such prize(s) to be offered in
each Sweepstakes (each, a "Prize" and collectively, the "Prizes") shall be
identified by the Official Universal Parks Facebook, Twitter, or Instagram
account. The approximate retail value of each Prize shall be $20-400. Exact
Prize details shall be determined in the sole and absolute discretion of
Universal Parks. Prizes are non-transferable and non-assignable, with no
cash redemptions except at Universal Parks’ sole and absolute discretion.
Universal Parks reserves the right to substitute any Prize (or any portion
thereof) with one of comparable or greater value at its sole and absolute
discretion. Each Winner is fully responsible for any and all applicable
federal, provincial, state and local taxes (including income and
withholding taxes). All costs and expenses associated with the Prize
acceptance and use not specified by the Official social accounts as being
provided, including but not limited to lodging, transportation costs,
meals, gratuities and other expenses incurred by accepting the Prize are
the sole responsibility of the Winner. All details of all Prizes including
the redemption timing will be determined by Universal Parks in its sole
discretion and are subject to change without notice or warning. All
expenses and incidental costs not expressly stated in the description
above, including but not limited to, taxes or other expenses are the sole
responsibility of the Winner. Restrictions, conditions and limitations may
apply. Winner will not receive difference between actual and approximate
retail value. Prize is non-transferable and no substitution will be made
except as provided herein at the Universal Parks’ sole discretion.
Universal Parks reserves the right to substitute a Prize for one of equal
or greater value if the designated Prize should become unavailable for any
reason. Winner is responsible for all taxes and fees associated with Prize
receipt and/or use. Odds of winning a Prize depend on the number of
eligible entries received during the applicable Entry Period.
(i) Release: By entering the Sweepstakes, each entrant agrees for entrant
and for entrant's heirs, executors, and administrators (a) to release and
hold harmless Facebook, Twitter, Instagram, Snapchat, Universal Parks,
Universal City Studios LLC, Universal Studios LLC, NBCUniversal Media, LLC,
Universal City Development Partners, Ltd., the parent, subsidiary,
affiliated and related companies of each of the foregoing, the successors
and assigns of each of the foregoing, and the respective directors,
officers, constituent general and limited partners, employees and agents of
each of the foregoing (collectively, "Released Parties") from any
liability, illness, injury, death, loss, litigation, or damage that may
occur, directly or indirectly, whether caused by negligence or not, from
such entrant's participation in the or Sweepstakes and/or his/her
acceptance, possession, use, or misuse of Prize or any portion thereof
(including any travel related thereto); (b) to indemnify Released Parties
from any and all liability resulting or arising from the Sweepstakes and to
hereby acknowledge that Released Parties have neither made nor are in any
manner responsible or liable for any warranty, representation, or
guarantee, express or implied, in fact or in law, relative to Prize,
including express warranties provided exclusively by Prize supplier that
are sent along with Prize; (c) if selected as a Winner, to the posting of
such entrant's name on Facebook and the use by Released Parties of such
name, voice, image, and/or likeness for publicity, promotional, and
advertising purposes in any and all media now or hereafter known,
throughout the world in perpetuity, without additional compensation,
notification, permission, or approval, and, upon request, to the giving of
consent, in writing, to such use; and (d) to be bound by these Official
Rules and to waive any right to claim any ambiguity or error therein or in
the Sweepstakes itself, and to be bound by all decisions of Universal
Parks, which are binding and final. Failure to comply with these conditions
may result in disqualification from the Sweepstakes at Universal Parks’
sole discretion.
(j) Publicity: Except where prohibited, participation in the Sweepstakes
constitutes Winner's consent to Universal Parks’ and its agents' use of
Winner's name, likeness, photograph, voice, opinions, posts and/or hometown
and state for promotional purposes in any media, worldwide, without further
payment or consideration. Each Winner and their applicable guest(s) will be
required to sign a publicity general release form.
(k) General Conditions: Universal Parks reserves the right to cancel,
suspend and/or modify the Sweepstakes, or any part of it, if any fraud,
technical failures or any other factor beyond Universal Parks’ reasonable
control impairs the integrity or proper functioning of the Sweepstakes, as
determined by Universal Parks in its sole discretion. Universal Parks and
all Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrants, printing errors or by
any of the equipment or programming associated with or utilized in the
Sweepstakes; (2) technical failures of any kind, including, but not limited
to Facebook, Twitter, or Instagram network issues, malfunctions,
interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry
process or the Sweepstakes; (4) technical or human error which may occur in
the administration of the Sweepstakes or the processing of entries; (5)
late, lost, undeliverable, corrupted or misdirected messages or emails; or
(6) any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from entrant's participation
in the Sweepstakes or receipt or use or misuse of any Prize. No more than
the stated number of Prizes will be awarded. In the event that production,
technical, seeding, programming or any other reasons cause more than the
stated number of Prizes as set forth in these Official Rules to be
available and/or claimed, Universal Parks reserves the right to award only
the stated number of Prizes by a random drawing among all legitimate,
un-awarded, eligible prize claims. Universal Parks reserves the right, in
its sole discretion, to disqualify any individual it finds to be tampering
with the entry process or the operation of the Sweepstakes or to be acting
in violation of these Official Rules or any other promotion or in an
unsportsmanlike or disruptive manner. Any attempt by any person to
deliberately undermine the legitimate operation of the Sweepstakes may be a
violation of criminal and civil law, and, should such an attempt be made,
Universal Parks reserves the right to seek damages from any such person to
the fullest extent permitted by law. Universal Parks’ failure to enforce
any term of these Official Rules shall not constitute a waiver of that
provision. Your participation in the Sweepstakes is subject to Section 28
of these Terms including your assumption of risk as to COVID-19 & other
infectious and/or communicable diseases. If the Prize includes park
tickets, your redemption and use of such Prize shall be subject to these
Terms of Service.
(l) Limitations of Liability: THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO
ACTUAL DAMAGES. IN NO EVENT SHALL ANY PARTY SEEK INJUNCTIVE OR ANY OTHER
EQUITABLE RELIEF. You hereby waive all rights to claim, indirect, punitive,
incidental and consequential damages and any other damages, other than for
actual out-of-pocket expenses in any dispute related to or arising from
these Official Rules or the Prize.
(m) Disputes: You agree to ARBITRATE ANY DISPUTES WITH UNIVERSAL PARKS and
to WAIVE JURY TRIAL and CLASS ACTIONS as more fully set forth above in
Sections 26 and 27,which terms govern the Sweepstakes as if fully
incorporated into these Official Rules (except that if there is a conflict
between these Official Rules and those terms, these Official Rules will
govern such conflict). Your participation in the Sweepstakes may also be
subject to other local, state or national laws.
(n) Entrant's Personal Information: Information collected from entrants is
subject to Universal Parks’ Terms of Service and Privacy Policy.
(o) Winner Announcement: Winners will not be announced. Winners shall be
individually notified by email or private message on the applicable social
media channel. To obtain a list of Winners please contact Universal Parks
at socialmedia@universalorlando.com and provide a complete and full
explanation regarding the nature of your request, the name and date(s) of
the applicable Sweepstakes to which your request pertains, your full
contact information, and a reference to this section of the Official Rules.
Last updated January 19, 2022
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COOKIE NOTICE
This Cookie Notice (“Notice”) explains how NBCUniversal and its affiliates
(“NBCUniversal” or “we”), along with our partners, including advertisers and
vendors, use cookies and similar tracking technologies when you use our
websites, applications, such as games, interactive TV, voice-activated
assistants, and other services that link to this policy, as well as connected
devices, including those used in our theme parks (“Services”). This Notice
provides more information about these technologies, your choices, and is part of
the NBCUniversal Privacy Policy available here. You should read the Privacy
Policy and this Notice for a full picture of NBCUniversal’s use of your
information.
WHAT ARE COOKIES AND HOW ARE THEY USED?
Like many companies, we use cookies (small text files placed on your computer or
device) and other tracking technologies on the Services (referred to together
from this point forward as “Cookies”, unless otherwise stated), including HTTP
cookies, HTML5 and Flash local storage/flash cookies, web beacons/GIFs, embedded
scripts, ETags/cache browsers, and software development kits.
First-party Cookies
First-party Cookies are placed by us (including through the use of third-party
service providers) and are used to allow you to use the Services and their
features and to assist in analytics activities.
Third-party Cookies
Certain third parties may place their Cookies on your device and use them to
recognize your device when you visit the Services and when you visit other
websites or online services. These third parties collect and use this
information pursuant to their own privacy policies. Third-party Cookies enable
certain features or functionalities, and advertising, to be provided on the
Services.
Types of Cookies
The Services use the following types of first and third-party Cookies for these
purposes:
Strictly Necessary Cookies: These Cookies are required for Service
functionality, including for system administration, security and fraud
prevention, and to enable any purchasing capabilities. You can set your browser
to block these Cookies, but some parts of the site may not function properly.
Information Storage and Access: These Cookies allow us and our partners to store
and access information on the device, such as device identifiers.
Measurement and Analytics: These Cookies collect data regarding your usage of
and performance of the Services, apply market research to generate audiences,
and measure the delivery and effectiveness of content and advertising. We and
our third-party vendors use these Cookies to perform analytics, so we can
improve the content and user experience, develop new products and services, and
for statistical purposes. They are also used to recognize you and provide
further insights across platforms and devices for the above purposes.
Personalization Cookies: These Cookies enable us to provide certain features,
such as determining if you are a first-time visitor, capping message frequency,
remembering choices you have made (e.g., your language preferences, time zone),
and assist you with logging in after registration (including across platforms
and devices). These Cookies also allow your device to receive and send
information, so you can see and interact with ads and content.
Content Selection and Delivery Cookies: Data collected under this category can
also be used to select and deliver personalized content, such as news articles
and videos.
Ad Selection and Delivery Cookies: These Cookies are used to collect data about
your browsing habits, your use of the Services, your preferences, and your
interaction with advertisements across platforms and devices for the purpose of
delivering interest-based advertising content on the Services and on third-party
sites. Third-party sites and services also use interest-based Advertising
Cookies to deliver content, including advertisements relevant to your interests
on the Services and third-party services. If you reject these Cookies, you may
see contextual advertising that may be less relevant to you.
Social Media Cookies: These Cookies are set by social media platforms on the
Services to enable you to share content with your friends and networks. Social
media platforms have the ability to track your online activity outside of the
Services. This may impact the content and messages you see on other services you
visit.
We and third parties may associate Measurement And Analytics Cookies,
Personalization Cookies, Content Selection, Delivery Cookies, and Reporting, Ad
Selection, Delivery and Reporting Cookies, and Social Media Cookies with other
information we have about you.
COOKIE MANAGEMENT
Depending on where you live, you may be able to adjust your Cookie preferences
at any time via the “Cookie Settings” link in the footer of relevant websites.
You can also use the methods described below to manage Cookies. You must take
such steps on each browser or device that you use. If you replace, change or
upgrade your browser or device, or delete your cookies, you may need to use
these opt-out tools again. As some Cookie-management solutions also rely on
Cookies, please adjust your browser Cookie settings carefully, following the
relevant instructions below.
Browser Controls: You may be able to disable and manage some Cookies through
your browser settings. If you use multiple browsers on the same device, you will
need to manage your settings for each browser. Please click on any of the below
browser links for instructions:
Google Chrome
Apple Safari
Mozila Firefox
Microsoft Internet Explorer
If the browser you use is not listed above, please refer to your browser’s help
menu for information on how to manage Cookies. Please be aware that disabling
cookies will not disable other analytics tools we may use to collect information
about you or your use of our Services.
Analytics Provider Opt-Outs: To disable analytics Cookies you can use the
browser controls discussed above or, for some of our providers, you can use
their individual opt-out mechanisms:
Google’s Privacy Policy and Google Analytics Opt-Out
Omniture’s Privacy Policy and Omniture’s Opt-Out
Mixpanel’s Privacy Policy and Mixpanel’s Opt-Out
The above are examples of our analytics providers and this is not an exhaustive
list. We are not responsible for the effectiveness of any other providers’
opt-out mechanisms.
Flash Local Storage: These cookies are also known as local shared objects and
may be used to store your preferences or display content by us, advertisers and
other third-parties. Flash cookies need to be deleted in the storage section of
your Flash Player Settings Manager.
Interest-Based Advertising: Most third-party advertisers offer a way to opt out
of their interest-based advertising. For more information or to opt out of
receiving interest-based advertising from participating third-party advertisers,
depending on your country of residence, please visit:
Digital Advertising Alliance in the US
Digital Advertising Alliance of Canada
European Interactive Digital Advertising Alliance
Australian Digital Advertising Alliance
You can also opt out of some of the advertising providers we use by visiting
their opt-out pages:
Google’s Privacy Policy and Google Analytics Opt-Out Page
Facebook Privacy Policy and Facebook’s Opt-Out Page
Twitter Privacy Policy and Twitter’s Opt-Out Page
Liveramp’s Privacy Policy and Liveramp Opt-Out Page
These are examples of our advertising providers and this is not an exhaustive
list. In addition, we are not responsible for the effectiveness of any of these
providers’ opt-out mechanisms.
After you opt out, you will still see advertisements, but they may not be as
relevant to you.
Mobile Settings: You may manage the collection of information for interest-based
advertising purposes in mobile apps via the device’s settings, including
managing the collection of location data. To opt out of mobile ad tracking from
Nielsen or other third parties, you can do so by selecting the “Limit Ad
Tracking” (for iOS devices) or “Opt out of Ads Personalization” (for Android
devices) options in your device settings.
Connected Devices: For connected devices, such as smart TVs or streaming
devices, you should review the device’s settings and select the option that
allows you to disable automatic content recognition or ad tracking. Typically,
to opt out, such devices require you to select options like “limit ad tracking”
or to disable options such as “interest-based advertising,” “interactive TV,” or
“smart interactivity”. These settings vary by device type.
Cross-Device Tracking: If you would like to opt out of our browser-based
cross-device tracking for advertising purposes, you may do so by using the
various methods described above. You must opt out separately on each device and
each browser that you use. For more information about cross-device matching,
please visit the Network Advertising Initiative or the Digital Advertising
Alliance. If you opt out of cross-device tracking for advertising purposes, we
may still conduct cross-device tracking for other purposes, such as analytics.
Consequences of Deactivation of Cookies: If you disable or remove Cookies, some
parts of the Services may not function properly. Information may still be
collected and used for other purposes, such as research, online services
analytics or internal operations, and to remember your opt-out preferences.
CONTACT US
For inquiries about this Cookies Notice, please contact us at Privacy@nbcuni.com
or Chief Privacy Officer, NBCUniversal Legal Department, 30 Rockefeller Plaza,
New York, NY 10112, US.
For inquiries from users who reside in the European Economic Area, the United
Kingdom or Switzerland, please contact us at Privacy@nbcuni.com or Privacy,
Legal Department, Central Saint Giles, St Giles High Street, London, WC2H 8NU,
UK
CHANGES TO THIS NOTICE
This Notice may be revised occasionally and in accordance with legal
requirements. Please revisit this Cookie Notice regularly to stay informed about
our and our analytic and advertising partners’ use of Cookies.
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