MAURYSHOW.COM TERMS AND CONDITIONS OF USE
Welcome to the MAURYSHOW.COM web site. Universal Talk Television LLC, its
parent, subsidiary and affiliated companies ("UNI-TALK") maintain
this site ("Site") for your personal entertainment, information,
education, and communication. Please feel free to browse the Site at any time;
however, by browsing this Site, you are subject to the terms and conditions
("Terms and Conditions") of this Site. By accessing this Site, you
accept, without limitation or qualification, the following Terms and
Conditions. If you do NOT accept the Terms and Conditions, then please
discontinue your use of this Site.
TERMS AND CONDITIONS
Use of Site
UNI-TALK reserves the right, in its sole discretion, to amend the Terms and
Conditions, and to modify, add or discontinue any aspect, content, or feature
of the Site. Such amendments, modifications, additions, deletions shall become
effective upon notice thereof, which may be provided to you by posting on the
Site, via e-mail or any other means. Continued use of the Site by you shall
constitute your binding acceptance of any such amendments, modifications,
additions or deletions. The Site is owned and operated by UNI-TALK and it’s
affiliated companies and contains material that is derived in whole or in part
from material supplied and owned by UNI-TALK and other sources. Such material
is protected by copyright, trademark, and other applicable laws. You may not
modify, copy, reproduce, republish, upload, post, transmit, publicly display,
prepare derivative works based on, or distribute in any way any material from
the Site, including but not limited to text, audio, video, code and software.
During your visit, however, you may download material displayed on the Site for
non-commercial, personal use only (provided that you also retain all copyright
and other proprietary notices contained on the materials). UNI-TALK neither
warrants nor represents that your use of materials displayed on the Site will
not infringe rights of third parties not owned by or affiliated with UNI-TALK.
Disclaimer of Warranties
While UNI-TALK uses reasonable efforts to include up to date information on the
Site, UNI-TALK makes no warranties or representations as to its accuracy,
timeliness, reliability, completeness or otherwise. UNI-TALK has provided links
and pointers to Internet sites maintained by third parties ("Third Party
Sites") and may from time to time provide third party materials on the
Site. Neither UNI-TALK, its parent, subsidiary companies, affiliates, or suppliers
operate or control in any respect the information, products or services on
these Third Party Sites. The content, materials, and products or services
available in or accessible through the Site are AS IS and, to the fullest
extent permissible pursuant to applicable law, UNI-TALK DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE
OF DEALING. UNI-TALK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH
MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE,
WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE,
INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES
THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL
RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY
YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE
INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE
RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE
INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND
ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND
MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE
ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER
SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL UNI-TALK, ITS PARENT OR SUBSIDIARY
COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO
USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ADVERTISED IN OR OBTAINED THROUGH THE SITE, UNI-TALK'S REMOVAL OR DELETION OF
ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF UNI-TALK OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 UNI-TALK, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER OF THE SITE.
Submissions
While we are always happy to hear from you, it is UNI-TALK’s policy not to
accept or consider creative materials, ideas, or suggestions other than those
we specifically request. This is to avoid any misunderstandings if your ideas
are similar to those we have developed independently. Therefore, we must
request that you do NOT send to us any original creative materials such as screenplays,
stories, original artwork, etc. Any communication or material you do transmit
to the Site by electronic mail or otherwise will be treated as non-confidential
and non-proprietary. Anything you transmit or post shall be deemed the property
of and may be used by UNI-TALK, or its affiliates, for any purpose, including,
but not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, UNI-TALK is free to use and shall be deemed
to own, any ideas, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever, including, but
not limited to, developing, manufacturing and marketing products using such
information. Disclosure, submission, or offer of any submissions to the Site
shall constitute an assignment to UNI-TALK of all worldwide rights, titles, and
interests in all copyrights and other intellectual property rights in such
submission. UNI-TALK may edit, copy, publish, distribute, translate, and
otherwise use in any medium any submission that you forward to UNI-TALK and
will own exclusively all such rights, titles, and interest and shall not be
limited in any way in its use, commercial or otherwise, of the submission.
UNI-TALK is and shall be under no obligation to: (1) maintain any of your or
any user's submissions in confidence; (2) to pay to you or any user any
compensation for any submissions; or (3) to respond to any of your or any other
user's submissions.
Trademarks
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of UNI-TALK and others. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any license or right
to use any Trademark displayed on the Site without the written permission of
UNI-TALK or such third party that may own the Trademarks displayed on the Site.
Your misuse of the Trademarks displayed on the Site, or any other content on
the Site, except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that UNI-TALK will aggressively enforce its
intellectual property rights to the fullest extent of the law, including
seeking of criminal prosecution.
Merchants
Your correspondence or business dealings with, or participation in promotions
of, merchants found on or through the Site, 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. UNI-TALK will NOT be responsible or liable for any loss and/ 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 Site.
Chat Rooms / Message Boards/ Bulletin Boards
The Site may provide you and other users an opportunity to submit, post,
display, transmit and/or exchange information, ideas, opinions, photographs,
images, video, creative works or other information, messages, transmissions or
material to us, the Site or others ("Post" or "Postings").
Postings do not reflect the views of UNI-TALK; and UNI-TALK does not have any
obligation to monitor, edit, or review any Postings on the Site. UNI-TALK
assumes NO responsibility or liability arising from the content of any such
Postings nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any
information within such Postings on the Site. You are strictly prohibited from
posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law. UNI-TALK will fully
cooperate with any law enforcement authorities or court order requesting or
directing Universal to disclose the identity of anyone posting any such
information or materials.
Indemnification
You agree to indemnify, defend and hold UNI-TALK and its parent, affiliates,
and their respective officers, directors, owners, employees, agents,
information providers and licensors (collectively the "Indemnified
Parties") harmless from and against any and all claims, liability, losses,
actions, suits, costs and expenses (including attorneys' fees) arising out of
or incurred by any breach by you of these Terms and Conditions. UNI-TALK
reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in such case,
you agree to cooperate with UNI-TALK's defense of such claim.
Registration
Should UNI-TALK choose to provide member-based services ("Services")
on the Site, when you register to use these Services, you may be required to
provide certain personally identifiable information about yourself. You agree
to provide true, accurate and complete information about yourself, and to
update the information when it changes. If you provide any information that is
untrue or inaccurate, not current, or incomplete, or if UNI-TALK suspects that
your information is untrue, inaccurate, or incomplete, then UNI-TALK may, in
its sole discretion, suspend, terminate, or refuse future access to your membership
in these Services. Any personally identifiable information provided at points
of registration on the Site will be subject to the MAURYSHOW.COM Web Site
Privacy Policy which can be read by clicking here.
Termination
UNI-TALK may, in its sole discretion, terminate your password, account (or any
part thereof) or your access to the Site, or remove and discard any
Communication transmitted by you, or information stored, sent, or received via
the Site without prior notice and for any reason, including, but not limited
to: (i) concurrent access of the Site with identical user identification
numbers, (ii) permitting another person or entity to use your user
identification number to access the Site, (iii) any other access or use of the
Site except as expressly provided in this Agreement, (iv) any violation of the
terms and conditions of this Agreement or the rules and regulations relating to
the use of, the software and/or data files contained in, or accessed through,
the Site, (v) tampering with or alteration of any of the software and/or data
files contained in, or accessed through, the Site, or (vi) failure to use the
Site or portion thereof on a regular basis. You may terminate your membership hereunder
upon thirty (30) days written notice by you to UNI-TALK of your intent to
terminate this Agreement. Termination, suspension, or cancellation of this
Agreement or your access rights shall not affect any right or relief to which
UNI-TALK may be entitled, at law or in equity. Upon termination of this
Agreement, all rights granted to you will automatically terminate and
immediately revert to UNI-TALK and its licensors.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, UNI-TALK hereby notifies you
that parental control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current
providers of such protections is available at the American Links Up web site, http://www.netparents.org. To view information
on our policy regarding the privacy of information from children under the age
of 13, please click
here to read the MAURYSHOW.COM Web Site Privacy Policy.
Export Control
The Site is controlled and Operated by UNI-TALK from its offices within the
State of California, United States of America. Unless otherwise specified, the
materials on the Site are presented solely to promote and provide information
about UNI-TALK's products and services available in the United States. UNI-TALK
makes no representation that the materials in the Site are appropriate or
available for use in other locations and other countries. Those who choose to
access the Site from other locations or other countries do so on their own
initiative and are responsible for compliance with local laws in that
territory, if and to the extent that local laws are applicable. Software
available from the Site is further subject to United States export controls. No
software from the Site may be downloaded or otherwise exported or re-exported:
(A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods, or (B) to
anyone on the U. S. Treasury Department list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
Infringement Policy
UNI-TALK, pursuant to 17 U.S.C. Section 512 as amended by Title II of the
Digital Millennium Copyright Act (the "Act"), reserves the right, but
not the obligation, to terminate your license to use the Site if it determines
in its sole and absolute discretion that you are involved in infringing
activity, including allege acts of first-time or repeat infringement,
regardless of whether the material or activity is ultimately determined to be
infringing. UNI-TALK accommodates and does not interfere with standard
technical measures used by copyright owners to protect their materials. In
addition, pursuant to 17 U.S.C. Section 512 (c), UNI-TALK has implemented
procedures for receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. All claims of infringement
must be submitted to UNI-TALK in a written complaint that complies with the
requirements below and delivered to our designated agent to receive
notification of claimed infringement by mail:
Gillian M. Lusins
NBC Law Department
30 Rockefeller Plaza, RM. 1081E
New York, NY 10009
Email: dmca.agent@nbcuni.com
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:
A. 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.
B. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site. 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.
C. 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 us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and/ or e-mail address.
E. 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.
F. A statement that the information in the notification 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.
Governance
This agreement shall be governed by, construed and enforced in accordance with
the laws of the State of New York, as it is applied to agreements entered into
and to be performed entirely with such state. Any action you, any third party
or UNI-TALK bring to enforce this agreement or, in connection with, any matters
related to this Site shall be brought only in either the state or Federal
Courts located in New York County, New York and you expressly consent to the
jurisdiction of said courts. If any provision of this agreement shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions. This agreement and any posted
operating rules constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written, between the parties with
respect to such subject matter.