Universal Pictures DistributionInternational
Extranet Terms and Conditions of Use

 

 

The following constitutes the agreement ("Agreement") between you and Universal Pictures Distribution International B.V. ("Universal") with respect to your use of the promotional materials (including all photographs, graphics, images, text and other information in digital format) (the "Materials") provided by Universal at universalextra.net (the “Site”).

 
1. Universal hereby grants you a limited, non-exclusive, non-transferable license to download and use the Materials provided at the Site only for the purpose of reprinting in and in connection with approved publicity and promotional events, such as reviews, interviews, news stories, authorized promotional web sites, or other similar customary promotional uses; provided that your use shall be limited to the period commencing 2 months prior to the first video release in the territory specified in Schedule 1 (the “Territory”) and ending on the date falling three months after such first video release (the “End Date”).with the availability of the Materials and continuing throughout the initial theatrical distribution of the depicted motion picture in the U.S., Canada, or international markets[1]. You further agree to remove all materials and copies of the same from online libraries and archives on or before the End Date.no later than three months following the North American opening date of the depicted motion picture[2]. You agree to use the Materials solely for the purposes granted by Universal under this Agreement herein and for no other purpose.


2. You agree that you will not allow the Materials accessed by you to be reproduced or used by any other party. You agree to take all reasonable steps to prevent the unauthorized duplication and use of the Materials and to advise Universal promptly of any such unauthorized use. You may not assign your rights under this Agreement without the prior written consent of Universal.


3. You agree you will not edit or alter the Materials (including, without limitation, proprietary notices, ratings and credits appearing therein) in any way, except that you shall have the right to digitize said Materials for use as set forth herein in accordance with this Agreement.


4. Universal will provide each individual User of the Site with a User ID and password (the "User ID and Password") which you will use to access the Site and the Materials contained within the Site therein. You will not allow use of the User ID and Password by any other person and you will keep that User ID and Password strictly confidential.

5. Your right to download and use the Materials will begin as of the date the User ID and Password is assigned to you which date shall be deemed the date of this Agreement. Universal reserves the right to terminate this Agreement and your right to use the Materials at any time upon written notice to you.


6. Except as part of a bona fide motion picture review, you will not use the Materials in any way that is derogatory to or critical of the entertainment industry or of Universal or of Universal's officers, directors, agents, employees, affiliates, parents, or subsidiaries, or of any motion picture or television program produced or distributed by Universal or any of Universal's affiliates.

 
7. You acknowledge that Universal (and its affiliates and/or licensors) is and will continue to be the copyright proprietor and owner of all rights in and to the Materials and the motion picture to which the Materials relate. You acknowledge that you will have only the limited license to reproduce and display the Materials subject to the terms of this Agreement. You agree to include the copyright notice set forth out in the Materials in each and every use made by you of the Materials.


8. You shall not at any time use any Universal trademark or trade-name in any way without the express prior written approval of Universal, with the exception of those trademarks and trade-names contained in the Materials provided such use shall be limited to use as part of the Materials and subject to the terms set forth in this Agreement.

9. Yyou acknowledge that, so far as permitted by law, uUniversal makes no representations or warranties of any kind whatsoever, express or implied, including implied warranties of merchantability and fitness for a particular purpose, with respect to the mMaterials or the sSite. yYou acknowledge that your use of the Materials and the Site is at your own risk, assume the entire risk of damage or liability resulting from use of this site, and you will not hold uUniversal responsible for any direct or indirect damages that result from you using this sSite, including, but not limited to, any infections or contaminations of your computer which may result from said use of the Site or the Materials.

10. You agree to indemnify and hold harmless Universal, its agents, employees, representatives, associates, affiliates, parent and subsidiary from any and all loss, costs, damage, liability and expenses, including reasonable attorneys legal fees, arising out of an claim brought based upon your use of the Materials or the Site or a breach by you of any term of this Agreement.


11. You agree and acknowledge that this Agreement shall be governed by and construed in accordance with English the laws of the State of California and you consent to the exclusive jurisdiction of the English courtsfederal and state courts in the State of California.

 
12. Nothing in this Agreement shall give any person other than the parties to this Agreement any legal or equitable remedy or claim under or with respect to this Agreement. Nothing in this Agreement shall constitute the parties hereto as partners, or joint ventures, or either party as the employee or agent of the other. No waiver by a party hereto of any failure by the other part to keep or perform provision of this Agreement shall be deemed a waiver of any preceding, succeeding, or continuing breach of the same or any other provision.

 

13. This Agreement is not intended to, nor shall it, create any rights, entitlements, claims or benefits enforceable by any person that is not a party to it. Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.


14. This Agreement constitutes the entire agreement between the parties hereto with regard to the subject matter hereof of this Agreement and supersedes all prior and contemporaneous written or oral agreements pertaining heretoprovided that this will not exclude liability for fraudulent misrepresentation. This Agreement can only be modified altered in by a writing signed by both parties hereto.

 

 

SCHEDULE 1

 

Territories covered by UPI Australia:

Australia