All of the games, activities, and other features on the Online Services are here for you to enjoy or are designed to help you be inspired. Features that are directed to parents and legal guardians are for parents and legal guardians only.
As between you and Universal Kids, all of the elements of the Online Services, including the features, activities, content, and software, are the sole property of Universal Kids (or its licensors) and may be used by you only for your personal, noncommercial use.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE ONLINE SERVICES. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Use of Universal Kids’ Online Services
By using Universal Kids’ Online Services, you agree that:
- Your use of the Online Services, including, without limitation, any of the elements or content, is solely for your own noncommercial use and benefit.
- You will not interfere with any other use''s use and enjoyment of the Online Services. You will not use the Online Services or the information contained therein in unsolicited mailings or spam material. In particular, you will not use any of our trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Online Services
- You will not submit, post, upload, distribute, or otherwise make available any Submission (as defined below) that contains, in the opinion of Universal Kids: (1) personal information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable, inappropriate, or unlawful material; (3) material that could harm minors; (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity; or (5) any information intended to promote and/or generate revenue for any third party business activity.
- You have all necessary rights, including, but not limited to, intellectual and other proprietary rights, in and to all Submissions you provide and all materials they contain.
- You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify.
- You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person's username, password, name, likeness, voice, or photograph. You will not submit any personal information to the Online Services, about yourself or others, that is not accurate and truthful.
- When using features on the Online Services that allow you to communicate with others, you will, in the opinion of Universal Kids: (i) use such features solely to inform others about Universal Kids content available on the Online Services; (ii) not upload or send any message that is unlawful, harassing, libelous, slanderous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, hateful, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, insulting, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (ii) not upload or send any commercial, promotional, or solicitation information; and (iii) remain friendly and treat all recipients with respect. You will immediately cease using the Online Service features to communicate with recipients who have requested not to receive communications from you.
- You will not use the Online Services for any harmful or unlawful purpose, including engaging in (or attempting to engage in) any criminal activity including, but not limited to, child pornography, stalking, sexual assault, fraud, harassment, and conspiracy to commit any criminal activity. You agree that your use of the Online Services will not harm minors in any way.
- You will not submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment
- You will not attempt to gain unauthorized access to Universal Kids’ computer systems. You recognize that not all areas of the Website or Apps may be available to you.
- If you do not agree with the terms of this Agreement, you will not use the Online Services.
Universal Kids cannot and does not guarantee that other Online Service users will comply with the rules above. Universal Kids reserves the right to change Online Services or delete content or features in the Online Service at any time, in any way, for any or no reason.
Title and intellectual property rights for the Online Services and content on the Online Services are owned by NBCUniversal, its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of NBCUniversal, including, without limitation, "Universal Kids" and the UniversalKids.com name, may not be used or copied in any manner without the express prior written consent of Universal Kids or except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on the Online Services are the property of their respective owners. Except as specifically provided herein, the copying, redistribution, reselling, or publication of any part of the Online Services without express prior written consent from Children's Network, LLC or other owner of such material is prohibited. In particular, except as specifically provided herein, Universal Kids prohibits the use, copying, distribution, transmission, display, performance, creation of derivative works, or exploitation in any form or manner of any and all content on the Online Services (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs, and software) without Universal Kids' express prior written consent. Further, the computer code that Universal Kids creates to generate its Online Services is protected by copyright and any copying or adapting of such code is strictly prohibited. Universal Kids hereby grants you a personal, non-exclusive, non-assignable, non-sub licensable, and non-transferable limited license to use and display, for your noncommercial and personal use only, one copy of any content that you are authorized to download from the Online Services, including, without limitation, any files, codes, audio, or images incorporated in or generated by software on the Online Services, provided that you maintain all copyright and other notices contained in such material.
Malware and Adware
If you are experiencing unusual occurrences or seeing unusual content or advertisements on the Online Services, these problems may be caused by malware or adware installed on your computer or mobile device. Malware is malicious software, such as a virus or spyware that could damage or disable a computer system or mobile device. Adware is any software application in which advertising banners, toolbars, and/or pop-up windows are displayed while the adware program itself is still running. Adware can cause ad banners to be placed directly over the actual advertisement placement within a website. Malware and adware are typically installed on a user’s computer or mobile device without his or her knowledge or consent. Malware and adware can interfere with how UniversalKids.com and other websites appear on your computer, and with the Apps. You may need to repair your computer or mobile device to remove malware and adware. Universal Kids is not responsible for the effects of or liable for damage caused by any third party software on your computer or mobile device.
THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. UNIVERSAL KIDS DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
UNIVERSAL KIDS DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE ONLINE SERVICES. NEITHER UNIVERSAL KIDS NOR ITS AFFILIATES AND THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY UNIVERSALKIDSONLINE.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY HEALTH INFORMATION PROVIDED BY UNIVERSALKIDS.COM SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR A CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. UNIVERSAL KIDS DOES NOT PROMOTE OR RECOMMEND ANY PARTICULAR FORM OF MEDICAL OR ALTERNATIVE TREATMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE SERVICES IS DOWNLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM UNIVERSAL KIDSONLINE.COM. ANY MATERIAL UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF ONLINE SERVICES IS UPLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE ONLINE SERVICES.
You the user agree to indemnify and hold harmless, and at Universal Kids' request, defend Universal Kids and the Universal Kids Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to:
- your use of the Online Services;
- use of the Online Services by anyone using your computer or your account;
- a violation of this Agreement by you or anyone using your computer, your mobile device, or
- any unauthorized deletions, additions, insertions or alterations to, or any unauthorized use of, the Online Services by you or someone using your computer, your mobile device, or your account; or
- any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement. If any third party brings a claim, lawsuit, or other proceeding(s) against Universal Kids or any Universal Kids Party based on your conduct or use of the Online Services or that of someone using your computer or account, you agree to compensate Universal Kids and all Universal Kids Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding.
Universal Kids reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Universal Kids becomes aware of possible violations. Such an investigation may include gathering information from the user and the complaining party and reviewing materials on Universal Kids’ servers and systems. During an investigation, Universal Kids may remove any and all disputed material from Universal Kids' servers and systems. If Universal Kids believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Universal Kids may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Universal Kids' servers and systems, warnings, and/or suspension or termination of user account(s). Violations also could subject users to criminal or civil liability.
Jurisdictional Issues/Governing Law
The Online Services are controlled and operated by Universal Kids from within the United States of America, and is intended for use only by residents of the United States. Universal Kids makes no representations or warranties that the content or materials of the Online Services are appropriate or lawful in any foreign countries, or that any items offered for sale through links on the Online Services will be available outside the United States. Those who choose to access the Online Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Online Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of New York, U.S.A., without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. It is hereby agreed that, subject to the Arbitration Provision and the Disputes Provision (below), any action at law or in equity arising under this Agreement and/or your use of the Online Services shall be finally adjudicated or determined in any court or courts of the State of New York or of the United States of America, in New York County, New York, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by New York law.
Your use of the Online Services constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Universal Kids or by third-party content providers in connection with content, software, or services available on, through or in connection with the Online Services.
Acts of God
Universal Kids shall be excused from its obligations for any period to the extent that Universal Kids is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Universal Kids’ reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.
Universal Kids' failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Universal Kids’ right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Universal Kids to exercise or take advantage of any right or remedy that Universal Kids has or may have hereunder operate as a waiver of any right or remedy.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.
This Agreement constitutes the entire agreement between you and Universal Kids concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Universal Kids.
Universal Kids respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on the Online Services infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on the Online Services, then you may notify Universal Kids using the procedures set forth below.
Send your notice of infringement to our designated agent:
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, NY 10112
Your notice must be in writing and include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the website address), where the copyrighted work exists, or a copy of the copyrighted work;
An identification of the URL web address on UniversalKids.com or other specific location where the allegedly infringing material is located;
The address, telephone number, and email address of the notifying party;
A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner.
WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR UNIVERSAL KIDS AS A RESULT OF UNIVERSAL KIDS’ RELIANCE ON THE MISREPRESENTATION.
Once we receive this information, Universal Kids may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location on the Website or in the Apps at which the material appeared before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Effective: SEPTEMBER 7, 2017
Binding Arbitration of All Disputes; No Class Relief
This "Binding Arbitration of All Disputes; No Class Relief" Section (the "Arbitration Section"), is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Universal Kids agree that we intend that this Arbitration Section satisfies the "writing" requirement of the Federal Arbitration Act. If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of the Disputes Section (below) shall apply to all relevant disputes between you and Universal Kids.
If you have any dispute or disagreement with Universal Kids regarding (i) your use of or interaction with the Online Services, (ii) any purchases or other transactions or relationships related to your use of the Online Services, or (iii) any data or information you may provide to us or that Universal Kids may gather in connection with such use, interaction or transaction (collectively, “NBCUniversal Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim 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 Online Services, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree to binding arbitration as provided below.
Universal Kids 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 the Online Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that Universal Kids may have against you, arising out of, relating to, or connected in any way with this Agreement or any NBCUniversal 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 Kids 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 Arbitration Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Arbitration Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
- 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 Kids (the "Arbitrator");
- 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 this Agreement and/or these arbitration provisions in this Arbitration Section, including but not limited to any claim that all or any part of this Agreement is void or voidable;
- Location of Arbitration. The Arbitration shall be held either: (i) at a location determined 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 Kids; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than
- Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York 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 New York 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;
- No Class Relief. The Arbitration can resolve only your and/or Universal Kids individual claims, and the Arbitrator shall have no authority to entertain or arbitrate 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;
- 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
- 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 Kids 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
- Reasonable Attorney’s Fees. In the event you recover an Award greater than the last written settlement offer by Universal Kids, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Universal Kids shall in all events bear its own attorneys’ fees; and
- Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this Arbitration Section is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Universal Kids shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and the Disputes Section (below).
- Modification of Arbitration Clause With Notice. Universal Kids may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Universal Kids has given notice of such modifications and only on a prospective basis for claims arising from NBCUniversal Transactions and Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to this Agreement shall govern any dispute or disagreement between you and Universal Kids regarding NBCUniversal Transactions or Relationships.
- 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 for damages you have against us 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.
- Confidentiality of Arbitration. You and Universal Kids agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or court order.
Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Dispute Resolution only if a Tribunal has Ruled that Abitration is Prohibited by Law Section (the "Disputes Section") applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the Arbitration Section.
- Applicable disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Online Services, any content therein, this Agreement or to any Universal Kids actual or alleged intellectual property rights (collectively, an "Applicable Dispute"), then you and Universal Kids agree to send a written notice to the other providing a reasonable description of the Applicable Dispute, along with a proposed resolution of it. Universal Kids notice to you will be sent to you based on the most recent contact information that you provide Universal Kids. But if no such information exists or if such information is not current, then Universal Kids has no obligation under this Disputes Section. Your notice to us must be sent to:
NBCUniversal Media, LLC
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: email@example.com
For a period of sixty (60) days from the date of receipt of notice from the other party, Universal Kids and you will engage in a dialogue in order to attempt to resolve the Applicable Dispute, though nothing will require either you or Universal Kids to resolve the Applicable Dispute on terms with respect to which you and Universal Kids, in each party’s sole discretion, are not comfortable.
- Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Applicable Dispute.
- Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, this Agreement and any Applicable Dispute arising out of or in connection with this Agreement 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 State
- Injunctive Relief. The foregoing provisions of this Disputes Section will not apply to any legal action taken by Universal Kids 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 Online Services, any content therein, and/or Universal Kids intellectual property rights (including such as Universal Kids may claim may be in dispute), Universal Kids operations, and/or Universal Kids products or services.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Online 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.
iPod® and iTunes ® are registered trademarks of Apple Inc.
iPhone™ is a trademark of Apple Inc.