, websites operated by the Digital Entertainment Content Ecosystem (DECE), LLC. and (b) retailer terms and conditions where you obtain UV Services.
2. SYSTEM AND RETAILER REQUIREMENTS
In order to access and use the UV Services, you must have broadband internet service, a web browser, and you may be required to have certain hardware and/or software as defined by the retailer providing the UV Services. UV Services may be available in limited territories.
You understand that UV Services include a security framework using technology that protects the UV Content. You agree not to violate or attempt to violate any security components. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the UV Service, UV Content and/or the redemption process determined by Fox.
In addition to any other restrictions and limitations contained herein:
(a) The UV Services and the UV Content are being licensed and not sold to you.
(b) You are required to use the redemption code included with your disc in order to access the UltraViolet Service for that particular title. The redemption code you enter will be verified. Once the redemption code has been entered and accepted, it cannot be used again. If the redemption code is determined to be invalid (for example, if it has already been used or was not issued by Fox), you will not be able to access the UltraViolet Service for that particular title.
(c) There is a redemption period during which you will be able to access the UV Service using the redemption code included with your disc. After such redemption period (as noted on the disc packaging), the redemption code will expire and you will not be able to use it to access the UV Services for that particular title.
5. INTELLECTUAL PROPERTY
(a) Acknowledgement of Ownership. You agree that the UV Content, including but not limited to video, audio, music, graphics, images, software and text contains proprietary information and material that is owned by Fox and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except as permitted by and in compliance with the terms of this TOU. No portion of the UV Content may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the UV Content, in any manner, and you shall not exploit the UV Content in any unauthorized way whatsoever.
(b) Removal of Fox Content or Other Materials. Notwithstanding any other provision of this Agreement, Fox and its licensors reserve the right to change, suspend, remove, or disable access to the UV Content, or other materials at any time without notice. In no event will Fox be liable for the removal of or disabling of access to the UV Content or materials under this Agreement.
(c) Copyrights. All copyrights in and to the UV Content are owned by Fox and/or its licensors, who reserve all of their rights in law and equity. THE USE OF THE UV CONTENT OR ANY PART OF THEREOF, INCLUDING REDEMPTION CODES, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
If you fail, or Fox suspects that you have failed, to comply with any of the provisions of this TOU, including but not limited to violation of the UV Services terms and conditions set forth by DECE, then Fox, at its sole discretion, in addition to its other legal rights and remedies, without notice to you may preclude access to the UV Content (or any part thereof).
7. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
(a) FOX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS, STORAGE AND/OR USE OF THE UV SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FOX IS NOT RESPONSIBLE FOR THE UV SERVICES PROVIDED BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, DECE AND RETAILERS.
(b) YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE UV SERVICE AND/OR UV CONTENT IS AT YOUR SOLE RISK. THE UV CONTENT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
(c) IN NO CASE SHALL FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS, STORAGE, PLAY OR USE OF THE UV SERVICES OR UV CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE UV CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE ACCESS, TRANSFER, STORAGE, PLAY OR OTHER USE OF UV CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF FOX, ITS PARENT COMPANY, AFFILIATES, SUPPLIERS OR LICENSORS AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME STATES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, JURISDICTIONS OR COUNTRIES, FOX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(d) FOX DOES NOT REPRESENT OR GUARANTEE THAT THE UV SERVICES AND UV CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FOX DISCLAIMS ANY LIABILITY RELATING THERETO.
(e) INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS TOU. THIS INDEMNITY PROVISION APPLIES TO ANY VIOLATION DESCRIBED IN OR CONTEMPLATED BY THIS TOU.
Fox reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this TOU and to impose new or additional rules, policies, terms, or conditions with respect to the UV Content. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this TOU as "Additional Terms") will be effective immediately and incorporated into this TOU. Your continued use of the UV Content will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this TOU by this reference.