Beijing International Resort Co., Ltd. ("BIRC"), hereby represented by its Theme Park and Resort Management Branch ("MB"), maintain https://www.universalbeijingresort.com/ and related websites, Universal Beijing Resort App, Universal Beijing Resort mini-programs (collectively, the "Sites"; and the maintenance of those Sites and the various services made available to you on or through the Sites are collectively referred as the "Services"), and operate and d/b/a Universal Beijing Resort™. BIRC and MB hereby are collectively referred as "Universal Beijing Resort", "UBR", "We", "Our" or "Us". For purposes of clarity the Services include both the services made available to you directly on the Sites and the services made available to you outside the Sites through your use of the Sites.
Please read these Terms Of Service carefully and fully comprehend the content of the clauses hereof, they contain important information regarding your legal rights including arbitration clauses or written arbitration agreement, whereby you agree to waive your right to a court litigation and to class relief. Furthermore, you shall also read carefully the clauses regarding to disclaimer of warranties or limitation of liabilities, as well as some additional clauses, permits, guidelines or rule solely attached for opening up or using certain Services, and choose to accept or reject. The clauses regarding to disclaimer of warranties, exclusion and limitation of warranties are in bold fond hereunder for your attention. By using the Sites or any Services thereof you agree to these Terms Of Service. If you do not agree to these Terms Of Service, please do not use the Sites or the Services.
1. Acceptance Of Terms Of Service
If you do not agree with any of these Terms Of Service ("Terms Of Service" or "Terms"), including the UBR Personal Information Protection Policy incorporated herein, please do not use Our Services. By using Our Services, you will be deemed to have irrevocably agreed to these Terms. Some areas of Our Services may 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 the Services operated by Us. Note that in some instances, both these Terms Of Service and separate additional terms or licenses, guidelines, rules (in each such instance, and collectively, "Additional Terms") will apply to your use of some Services offered and/or operated by Us. 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 UBR Personal Information Protection Policy, the terms of the UBR Personal Information Protection Policy shall take precedence; however, provisions unique to these Terms Of Service (e.g., arbitration) will remain in effect as outlined here.
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 your access to the Services, or any of its resources, and to terminate or suspend your account for any reason.
PLEASE NOTE THAT UBR MAY MODIFY THESE TERMS OF SERVICE (AND ANY APPLICABLE ADDITIONAL TERMS) PROSPECTIVELY FROM TIME TO TIME IN ITS SOLE DISCRETION. 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 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 email 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 (and any applicable Additional Terms) by discontinuing use of the Sites and Services.
2. Permitted Uses
Your use of the Services shall be limited solely to your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by UBR as well as third parties ("Content"). As between UBR and You, UBR 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 UBR’s 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 UBR. 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 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 UBR 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 19 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 UBR 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 Sites And Availability Of Services
The Sites and Services are intended for use by users who are over the age of 18, who is with full capacity for private rights and civil conduct, and can independently take legal liabilities, reside in mainland China (solely for the purpose of these Terms, excluding Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan, hereby referred as "PRC") or those outside of the PRC that consent to use the Services in accordance with PRC laws, these Terms Of Service and the UBR Personal Information Protection Policy. By using or attempting to use the Sites or Services, you certify that you meet any other eligibility and residency requirements of the Sites. If you don’t have competent capacity of civil conduct with your actions, you and your custodian shall take the correspondent result hereof according to laws and regulations, and UBR has the right to terminate your Services and deregister your user account.
UBR may change, suspend or discontinue any aspect of the Sites 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 17 (Termination) below.
You are responsible for any charges incurred in obtaining access to the Sites and Services. The Sites and Services are currently provided for free, although you may be given the opportunity to purchase products or Services through the Sites from UBR. UBR 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 these Terms Of Service.
4. Registration, Passwords, Unauthorized Use Of Your Account, And Sharing Of Social Features
If you establish an account with UBR, you agree to provide true, accurate and current data in connection with that account. Any usernames and passwords used for the Sites 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 UBR of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Sites 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 UBR Personal Information Protection Policy
Your privacy is important to Us. To better protect your personal information, We provide a UBR Personal Information Protection Policy explaining Our information protection practices and the choices you can make about the way your information is collected and used at the Sites and the Services. Click here to show the UBR Personal Information Protection Policy, which forms part of these Terms Of Service.
Any personal details and data acquired by UBR from your participation on the Services will be used in accordance with Our UBR Personal Information Protection Policy and Cookies and Tracking Technologies Policy, including targeted advertising and tracking information We collect automatically. To learn more about tracking information that We collect automatically, please click on the "UBR Personal Information Protection Policy" and "Cookies and Tracking Technologies Policy" icon on the Sites.
6. Social Media Plug-Ins
Social Media Plug-Ins. Social media plug-ins of social networks such as Weibo, WeChat and QQ Space (amongst others) are integrated on Our Sites and other Services. Where Our Services contain a plug-in to a social network, these are clearly marked (e.g. with a Weibo 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 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 ongoing 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.).
7. Your Conduct And Acceptable UseThe 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 9) 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, trade secret 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 Sites, 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 Sites, 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. UBR, 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 UBR Personal Information Protection 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 UBR 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. MonitoringUBR 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 UBR Personal Information Protection Policy. Furthermore, UBR 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 Our sole and absolute discretion are objectionable or in violation of these Terms Of Service.
9. User Content; Grant Of Limited License
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 (excluding your personal identifiable information, except those are non-identifiable and non-recoverable via procession) ("User Content") to the Services, you hereby acknowledge and agree that you are granting UBR (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 UBR 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 UBR, 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 UBR 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 UBR, 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 UBR 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 UBR, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content.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 UBR, 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 UBR 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 UBR, its licensees, successors and assigns, of your actions, likeness, name, appearance, profile photograph, performance 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 UBR, 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 UBR, 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, unless, however, it is expressively prohibited by relevant laws.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 UBR 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 UBR.Idea Submissions Prohibited: UBR 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 UBR through the Services, including posts on any Sites 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 UBR the right and license to the submission as if it were User Content as specifically set forth above. In addition, UBR retains all of the rights held by members of the general public with regard to your unsolicited yet submitted ideas and materials. Our receipt of your unsolicited yet submitted ideas and materials is not an admission by UBR of their novelty, priority, or originality, and it does not impair Our right to contest existing or future intellectual property rights relating to your unsolicited yet submitted 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 UBR. Notwithstanding anything else in these Terms Of Service, UBR should not be seen as endorsing any User Content in any way. None of UBR or its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.Liability for User Content: User Content does not reflect the views of UBR. Notwithstanding anything else in these Terms Of Service, UBR 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 UBR, 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 UBR 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. UBR does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Sites or Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Notwithstanding the foregoing, for avoidance of doubts, UBR hereby further declare, regarding to your personal information, if any provisions under the Section 9 hereof would conflict with the UBR Personal Information Protection Policy, the UBR Personal Information Protection Policy shall prevail.
10. MerchantsYour 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. UBR 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.
11. Disclaimer Of Warranties
While UBR uses reasonable efforts to include up to date information on the Sites and Services, UBR makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
UBR PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBCUNIVERSAL, UNIVERSAL (BEIJING) COUSULTING CO.,LTD. , UNIVERSAL CITY STUDIOS LLC ("UCS"), UBC, BIRC AND MB, THEIR PARENT, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE "UBR 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, UBR DOES 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. UBR DOES 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. UBR DOES 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. UBR MAKES 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 UBR ASSUMES 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.
12. Exclusion Of Damages
NONE OF THE UBR 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 SITES 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 UBR HAS 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 UBR PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, UBR 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 SITES OR SERVICES BY YOU OR ANY THIRD PARTY.
NONE OF THE UBR PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES CAUSED BY, RESULTING FROM OR IN RELATION TO FORCE MAJEURE EVENTS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, EVENTS THAT ARE UNPREDICTABLE, UNFORESEEABLE OR IRRESISTIBLE, SUCH AS ANY EXTREMELY SEVERE WEATHER, FLOOD, LANDSLIDE, EARTHQUAKE, STORM, LIGHTNING, FIRE, SUBSIDENCE, EPIDEMIC (including but not limited to COVID-19), ACTS OF TERRORISM, BIOLOGICAL WARFARE, OUTBREAK OF MILITARY HOSTILITIES (WHETHER OR NOT WAR IS DECLARED), RIOT, EXPLOSIONS, STRIKES OR OTHER LABOUR UNREST, CIVIL DISTURBANCE, SABOTAGE, EXPROPRIATION BY GOVERNMENTAL AUTHORITIES AND ANY OTHER ACT OR ANY EVENT THAT IS OUTSIDE THE REASONABLE CONTROL OF THE UBR PARTIES.
13. Limitation Of Liability; Applicability Of Disclaimers, Exclusions And Limits
IN NO EVENT WILL THE UBR PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITES AND SERVICES OR THESE TERMS EXCEED (A) THE ACTUAL LOSS OF YOU DIRECTLY CAUSED BY UBR PARTIES, PROVIDED THE AMOUNT OF SUCH LOSSES CAN BE VARIFIED BY OFFICIAL RECIEPTS OR OTHER SUPPORTING DOCUMENTS ; OR (B) SIX HUNDRED RenMinBi (RMB 600), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, UBR 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.
14. UBR Is Not Responsible For Third-Party Websites And ContentFor 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 UBR. ACCORDINGLY, UBR 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 UBR. 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.
15. IndemnificationYou agree to defend, indemnify and hold harmless UBR, 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 UBR’s servers, and/or from any and all use of your account and breach of these Terms; (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 trade secrets 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.
16. Reservation Of RightsUBR reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Sites or Services and/or any software, facilities and Services on the Sites or Services, with or without notice, and/or to establish general guidelines and limitations on their use.
17. TerminationUBR 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 Sites 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 UBR 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 UBR and its licensors and all rights granted by you to UBR shall survive in perpetuity.
18. Infringement Policy
UBR respects the intellectual property of others, and We ask Our users to do the same. The Sites and Services and materials incorporated by UBR on the Sites 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 UBR on the Sites and Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by UBR or other owners ("Trademarks").
UBR 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. UBR accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
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 email 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 UBR 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.
19. Links By You To the ServicesWe 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 UBR or cause any other confusion regarding your relationship to UBR 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 UBR 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 UBR. UBR 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.
20. Responsible Use Of SitesPlease act responsibly when using the Sites 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 Sites 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 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 Sites or Services are the sole responsibility of the sender, not UBR, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Sites or Services.
21. InvestigationsUBR reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or emails you make or send to any forum. UBR may seek to gather information from the user who is suspected of violating these Terms, and from any other user. UBR 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 UBR believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. UBR will fully cooperate with any law enforcement authorities or court order requesting or directing UBR to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS UBR PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE UBR PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE UBR PARTIES OR LAW ENFORCEMENT AUTHORITIES.
22. Local Regulations
UBR makes no representation that content on the Sites or Services are appropriate or available for use outside the PRC, 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 PRC or the country in which you reside.
23. International Use
Unless otherwise specified, the materials on the Services are presented solely to provide information regarding and to promote UBR’s Services and other products available in the PRC. The Services are controlled and operated by UBR. UBR makes no representation that materials on the Services are appropriate or available for use outside PRC. Those who choose to access the Services from outside PRC do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
24. Binding Arbitration Of All Disputes
This Section 24 is deemed to be a "written agreement to arbitrate" pursuant to the PRC Arbitration Law. You and UBR agree that this Section 24 satisfies the "writing" requirement of the PRC Arbitration Law. This Section 24 can only be amended by mutual agreement.
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 Sites or other Services, (ii) any purchases or other transactions or relationships with UBR, or (iii) any data or information you may provide to UBR or that UBR may gather in connection with such use, interaction or transaction (collectively, "UBR Transactions or Relationships"), you will not have the right to pursue a claim in court. By using or interacting with the Sites or other online Service or engaging in any other UBR 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 Sites or other online Service, you agree that any complaint, dispute, or disagreement you may have against UBR, and any claim that UBR may have against you, arising out of, relating to, or connected in any way with these Terms Of Service, Our UBR Personal Information Protection Policy, or any UBR Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by China International Economic and Trade Arbitration Commission ("CIETAC") and shall be initiated and conducted according to the CIETAC "Arbitration Rules" in force at the time of applying for arbitration, which rules are deemed to be incorporated by reference in this Section 24, and as may be amended by the remainder of this Section 24 (the "CIETAC Rules").
(a) Arbitration Tribunal. The arbitration tribunal shall be comprised of three (3) arbitrators, each party shall select one arbitrator and those arbitrators are chosen shall select the final arbitrator, who shall be the chairman; if no agreement can be reached on the selection of the final arbitrator, he or she can be selected in accordance with the CIETAC Rules. The members of the Arbitration Tribunal shall be individuals who have experience in the resolution of complex international commercial disputes and, if possible, experience in the resolution of disputes in the movie theater and entertainment industry. The seat of the Arbitration shall be Beijing, China. The Arbitration proceedings shall be conducted in English. The losing party of such arbitration shall bear the legal fees (including arbitration fee and attorney fee) in the arbitration incurred by the winning party, except as may be ordered otherwise by the Arbitration Tribunal.
(b) The Arbitration Tribunal shall issue a written award supported by a statement of decision setting forth the Arbitration Tribunal’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it (the "Award"). The Award shall be issued in English. Judgment on the Award may be entered for enforcement by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
(c) The Arbitration Tribunal will not be empowered to award exemplary, punitive, consequential, expectancy, special, indirect or incidental damages, all of which are waived by the parties in accordance with Section 11 to 14. In all other respects, the Arbitration Tribunal may award any remedy or relief provided for under applicable law that the Arbitration Tribunal deems just and equitable (including interest on a sum awarded due to breach of these Terms and an award of legal fees and other costs) and, except as otherwise provided by these Terms, each party reserves all legal and equitable remedies consistent with applicable law.
(d) Without limiting the foregoing and notwithstanding anything in these Terms to the contrary, because the breach or anticipatory breach by a party of the provisions of these Terms could cause irreparable harm and significant injury that would be difficult to ascertain, each party shall have the right to apply to the Arbitration Tribunal or any competent judicial authority for injunctive or other interim relief or measures including, without limitation, injunctive or other interim relief orders with respect to the posting of security, the attachment of funds or property, any actual or anticipated violation, misappropriation or infringement of intellectual property rights or any actual or anticipated violation of any confidentiality provision of these Terms, without prejudice to any other rights and remedies such party may have.
(e) The existence of the dispute and the Arbitration shall be afforded the highest degree of confidentiality permitted by law. Except only to the extent necessary for a judicial proceeding to enforce, confirm, modify, or vacate an Award, or any other judicial proceeding permitted herein, or as may otherwise be required by law, the Arbitration, the Award, and all related proceedings, evidence, rulings, and testimony, shall remain confidential and shall be used solely for purposes of the Arbitration and adjudication of the Dispute.
25. Member DisputesYou are solely responsible for any interaction with other members or visitors to the Services, and UBR reserves the right, but shall have no obligation, to monitor disputes between you and any other member of UBR.
(a) Applicable law. These Terms Of Service, any Additional Terms and the relationship between you and UBR shall be governed by PRC laws without regard to its conflicts of law provisions.
(b) No Waiver. No failure or delay by UBR 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.
(c) 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.
(d) Limited Time to File Claims. You agree that any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Sites or other Services, or these Terms Of Service, Our UBR Personal Information Protection Policy, or other UBR Transactions or Relationships must be filed within the prescription period as provided by applicable PRC laws and regulations or be forever barred.
(e) 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.
(f) 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.
(g) 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 UBR’s prior written consent.
(h) 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.
27. 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 these Services through an Apple device, you acknowledge that these Terms Of Service are entered into between you and UBR 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: https://www.apple.com.cn/legal/internet-services/itunes/cn/terms.html) and any third-party terms of agreement applicable to the Services.
(c) You acknowledge that UBR, 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 UBR, UBR 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 11, 12 and 13, UBR’s 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.