You may not use the Website and accept these terms if you are not of legal age to form a binding contract with UTB. More specifically, you must be at least 18 years of age to agree to and enter into this agreement and agree to these Terms on your own behalf and to register for use of the service. If you are under 18 but at least 13 years of age, you must present these Terms to your parent or legal guardian, and he or she must check the box below to agree to the Terms on your behalf. Children under the age of 13 may not use this service. By checking the box indicating your acceptance of these Terms, you represent that (i) you have read, understood and agree to be bound by the Terms and (ii) you are at least 18 years old, either entering into this agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the service, including all financial charges and legal liability that he or she may incur. In addition, please be sure to specifically review the section in these Terms below titled "Minors" relating to use of the service by persons under the age of 18.
INTELLECTUAL PROPERTY RIGHTS
The UTB Services are by copyright, trademark, patent, trade secret and other laws, and UTB owns and retains all rights in the UTB Services. UTB's copyrights, trademarks, patents and trade secrets may not be used without the prior written permission of UTB. All content available through the UTB Service are the proprietary property of UTB, its users or its licensors. No content available through the UTB Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without UTB’s prior written permission. All eligible users are granted a limited license to access and use the UTB Services and to download or print a copy of information posted on the UTB website solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause.
ACCOUNT, PASSWORD AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify UTB immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by UTB or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. UTB cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
In consideration of your use of the UTB Services, you agree to (a) provide accurate, current and complete information about you on the registration forms; (b) maintain the security of your password and identification; (c) maintain and promptly update any information you provide to UTB, to keep it accurate, current and complete; and (d) be fully responsible for your account. If UTB suspects that your information is untrue, inaccurate, not current or incomplete, UTB may suspend or terminate your account.
USE OF THE SERVICE
UTB grants you a non-exclusive, non-transferrable, limited right and license to access and use this Service for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Service. You hereby agree not to use the Service, the Content, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
UTB or its business partners may provide you and other users with access to the service or elements of the service on a variety of internet-connected or internet-connectable devices and UTB reserves the right to determine which features of the service are supported and marketed on specific devices and/or platforms.
You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, UTB is not responsible for errors in or omissions from the information contained or accessed through the service. ALL INFORMATION AND CONTENT ON THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO RIGHT TO CONTINUED SERVICE
You acknowledge that UTB may add, delete or disable Content, and/or add, delete, disable or modify some or all of the service, at its sole election, and you acknowledge: (a) that you may no longer be able to use the service to the same extent - or at all - as prior to such change or discontinuation, and (b) that UTB shall have no liability to you in such case. In no event will UTB be liable for the removal of or disabling of access to any Content, materials or functionality of the service. UTB may also impose limits on the use of or access to certain features or portions of the Content or the Service, in any case and without notice or liability.
PAY PER VIEW OFFERINGS
UTB reserves the right to make changes to any products or services offered on the site at any time without notice. A valid credit card (VISA, MasterCard, American Express or Discover) is required to pay for the PPV movies. The fee will be charged only when you submit the credit card information. UTB reserves the right to change the time period with respect to future films but will not change the time period with respect to films that you have already paid for. You can watch the PPV movie whenever you want during the authorized time period. After that time, if you want to watch the PPV film, you will have to pay the PPV fee again.
UNAUTHORIZED USE OF THE SERVICE
You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any UTB server, or to any of the services offered on or through any UTB websites, by hacking or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of UTB’s websites, Service or other systems. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.
UTB reserves the right to restrict, suspend or terminate your access to the Services and/or any part of the Service, in whole or in part, without notice, in its sole discretion.
You agree to indemnify and hold harmless UTB from and against any and all liability and costs incurred by UTB in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. UTB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of UTB.
We do not guarantee the accuracy, the integrity, or the quality of the content contained in the UTB Services, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in any part of the UTB Services. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these terms or that is otherwise objectionable. All of the content offered through the UTB Services are provided "as is" and UTB does not represent that any of the content is reliable, accurate, complete, or otherwise valid. ACCORDINGLY, UTB, ITS SUPPLIERS AND OTHER PARTICIPANTS CONTRIBUTING INFORMATION TO THE UTB SERVICES DO NOT WARRANT THAT SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE UTB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION IS PROVIDED TO YOU WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL UTB, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE BRIGHTSTORM SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, THAT MAY ARISE OUT OF YOUR USE OF THE BRIGHTSTORM SERVICES, EVEN IF BRIGHTSTORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last updated August 15, 2010