Terms and Conditions

TERMS OF USE This is the DIVA Universal Asia website, the home page of which is currently located at www.divauniversal.asia ("the Website"). The Website is operated by NBC Universal Global Networks Asia Pte Ltd ("NBC Universal") of #06-01 International Plaza, 10 Anson Road, Singapore. Your use of this Website and the content and any other services and materials provided thereon from time to time (collectively, the “Service”) is subject to the following Terms of Use and the Privacy Policy (see NBC Universal’s Privacy Policy), which you are deemed to accept by accessing and/or registering with the Website and which take effect on the date on which you first use the Website. If you do not agree to be bound by these Terms of Use in full, you do not have permission to access the contents of this Website and therefore must not access or use and must cease to use this Website immediately. If you are under eighteen (18) years of age, you must have your parent or guardian review and agree to the terms of the Terms of Use on your behalf by clicking the box marked "I have read & accept the divauniversal.asia Terms of Service & Privacy Policy". Users under thirteen (13) years of age may not use the Service (as defined below). NBC Universal is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians who wish to allow their children access to the Website should assist them in selecting appropriate content and supervise their access to the Website. Please remember that the Website is designed to appeal to a broad audience. Accordingly, as your child's legal guardian, it is your responsibility, not the responsibility of NBC Universal, to determine whether any portion of the Website, or any site linked from the Website, is appropriate for your child. Parents and guardians, please note that parental control protections (such as computer hardware, software or filtering services) are available that may assist you in limiting access to material that is harmful to minors. 1. Website Access and Use If you accept the Terms of Use, you are granted a personal, revocable, non-exclusive, non-transferable right to access and use the Service for non-commercial use only and in accordance with these Terms of Use. 2. Amendments to Terms of Use NBC Universal reserves the right to change these Terms of Use at any time in its sole discretion by posting the new version of the Terms of Use online and it is your responsibility to refer to and comply with these Terms or Use in accessing the Website. Your continued use of this Website after changes are posted constitutes your acceptance of these Terms of Use as modified. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this Website relating to specific material then the latter shall prevail. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of the Terms of Use. You can determine when the Terms of Use document was last revised by referring to the "Last Updated" legend at the top of these Terms of Use. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference. 3. Registration, Passwords & Security If you choose to register and become a member of the Website, you will be asked to provide a registration username and password. This user name and password will provide you with access to our website and may also provide you with access to certain other NBCU Universal websites operated by related companies of NBCU Universal in other countries. Your username and password are personal to you and must be used only by and strictly in accordance with these terms and conditions. Should NBC Universal provide to you a password, or should you select a password, that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will log off the Service at the end of each session to prevent fraud on your account by third parties. We do not have the means to check the identities of people using the Website and will not be liable if your username or password is used by someone else. You agree to notify NBC Universal immediately by email to [email protected] of any unauthorised used of your username or password of which you become aware. 4. Terms of Use, Privacy Policy and Postings 4.1 Any information, material, or data you transmit, post on, or submit via the Website (“Material”) shall belong absolutely to NBC Universal and, except for personal data, will not be confidential. The information may be used by NBC Universal for any purpose including, but not limited to, reproduction, disclosure to third parties, distribution, broadcasting, transmission (in each case whether or not in electronic form) or otherwise at NBC Universal's absolute discretion - see Privacy Policy. 4.2 You hereby irrevocably and unconditionally assign to NBC Universal (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature (including, without limitation, intellectual property rights) in and to such Material throughout the world including all renewals and reversions thereof. You hereby agree to waive all rights known as "droit moral" or moral rights and any similar rights of authors anywhere in the world (whether now existing or hereafter created) in the Material. 4.3 You are prohibited from posting, transmitting to or submitting via the Website any material: (i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or (ii) for which you have not obtained all necessary licences and/or approvals; or (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, Singapore, the United Kingdom, or any other country in the world; or (iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 4.4 You must not misuse the Website (including, without limitation, by hacking and/or accessing or attempting to access the accounts of other users). NBC Universal shall be entitled fully to co-operate with any law enforcement authorities or court order requesting or directing the NBC Universal to disclose the identity or locate anyone posting any material in breach of these Terms of Use. 4.5 The use of this Website is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this Website. Further, by way of example and not limitation you shall not use any posting or any area of the Website: (i) to harm children in any way including without limitation any offences in relation to grooming of children online under the laws in any jurisdiction; or (ii) to impersonate any person or entity, falsely state or otherwise misrepresent you affiliation or relationship with any person or entity or disguise the origin of any content; (iii) to collect store and/or identify private or personal information of a user. 4.6 NBC Universal reserves the right to monitor, suspend, restrict or terminate your access to this Website or to monitor, suspend, remove, destroy, copy or use any Material or content that is posted on the Website (of any nature and however it may have been inserted or posted) at any time without notice at our discretion. 4.7 The Terms of Use automatically apply to the use of any forum we may include on our Website. 4.8 Any forum we include is intended as a service to its members and the general public. Whilst “we”, the owner, endeavour to publish up-to-date information on the Website, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of this Site or for the failure to update the information contained on the Website. 4.9 The Service may contain information and materials that third parties have provided to us, including (but not limited to) advertising (“Third-Party Content”). We do not independently verify Third-Party Content, makes no representation as to its accuracy, and assumes no responsibility or accepts any liability (to the extent permitted by any applicable law) for your use of the Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use. 4.10 Submissions by visitors to the Website, including feedback data such as questions, comments, suggestions regarding the content of the material on this Website shall be deemed to be non-confidential and in the public domain. We shall have no obligation of any kind with respect to such submission and, by submitting any such feedback, information, data or any material whatsoever, you hereby consent that NBC Universal or any of its affiliates shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example but not by way of limitation, all forms of Communication to the Public (in all technological mediums whether now known or as may be developed in the future), rental or lending, developing, manufacturing and marketing products incorporating such information. 4.11 NBC Universal takes no responsibility for any Third Party Content posted on the Service nor for any products or services provided by advertisers on the Service. Any dealings you have with advertisers found while using the Service are between you and the advertiser, and you agree that NBC Universal is not liable for any loss or claim that you may have against an advertiser. 4.12 Not all products or services discussed or referenced in, or made available through, the Service are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. 5. Copyright and Other Intellectual Property 5.1 The names, images and logos identifying NBC Universal and any of NBC Universal’s associated companies or third parties and their programmes, products and services are proprietary marks of NBC Universal, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of NBC Universal, its associated companies or any other third party. 5.2 All copyright, trade marks and other intellectual property rights in the Service (including the design, arrangement and look and feel) and all material or content supplied as part of or via the Website shall remain at all times the property of NBC Universal or NBC Universal's licensors. You agree that you do so only for your own personal, non-commercial use. You must not, and must not permit or assist in any way any third party to, copy, reproduce, republish, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without NBC Universal's prior written permission. 6. Links to and from other websites 6.1 NBC Universal does not control and is not responsible for the availability or content of any third party websites or material you access through this Website. Links to third party websites on this Website are provided solely for our convenience. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. NBC Universal does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). 6.2 NBC Universal is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service. 6.3 You may create links to this Website provided you have first entered into our Website linking licence (please contact [email protected]) 6.4 NBC Universal expressly reserves the right to revoke the right granted in this paragraph 6 for breach of these Terms of Use and to take any action it deems appropriate. 6.5 To the extent permitted in law, NBC Universal disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from this Website. 6.6 Links do not imply that NBC Universal endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of NBC Universal or any of its affiliates or licensors. 6.6 Any dealings between you and any third party accessed on or via the Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant third party. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings, or to involve us in any dispute between yourselves and the third parties. 7. Promotions and Competitions From time to time DIVA Universal Channel, NBC Universal, and/or selected third parties may offer other competitions, promotions or other offers (“Promotions”). Each such offer shall be subject to its own express terms and may not be available in all jurisdictions. By participating in Promotions, you will become subject to any specific rules applicable to such Promotion. NBC Universal urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to the Terms of Use, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with the Terms of Use, the terms and conditions of such rules shall control. Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, 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. NBC Universal 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 Service. 8. Disclaimer 8.1 While NBC Universal endeavours to ensure that the information and other materials created by us and included on this Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. NBC Universal does not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Website). You acknowledge that any reliance on any such statement or information shall be at your sole risk. NBC Universal reserves the right, in its sole discretion, to edit at any time any part of the Website and to make changes to the Website and to the materials, products, programmes, programs, services or prices described in the Website at any time without notice. 8.2 The material on this Website, including but not limited to the information, names, images, pictures, logos and icons relating to this Website, NBC Universal and/or any of NBC Universal's associated companies, programmes, products and services (or to third party programmes, products and services) is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 8.3 NBC Universal does not warrant (and none of its associated companies warrant) that the functions contained in this Website will be uninterrupted or error free or that any defect will be corrected or that this Website or the content available on or via the Website or the server that makes either available are free of viruses or bugs. NBC Universal does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. NBC Universal may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time without notice or liability. 9.Liability and Indemnity 9.1 NBC Universal, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of NBC Universal’s associated companies and the officers, directors, employees, shareholders or agents of any of them, excludes, to the fullest extent permitted by law, all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way, in connection with your acceptance or use of any prize or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website or loss of earnings. 9.2 You agree to defend, indemnify and hold harmless NBC Universal, its parent and subsidiary companies, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of these Terms of Use; and (d) claims brought by persons or entities other than the parties to the Terms of Use arising from or related to your access and use of the Service, including the information obtained through the Service. 10. Your Responsibilities 10.1 By transmitting, posting on or submitting via this Website any materials you: (i) warrant that you are over 18 or (where you are not over 18) that you have permission from a parent or guardian to use this Website and that they have read and discussed these Terms of Use with you, all information provided by you to NBC Universal is true, accurate and up to date in all respects and your contribution is your own original work and you have the right to submit it and assign to NBC Universal all rights in it; and (ii) irrevocably waive any moral rights in your submission. 10.2 You agree that you will only use the Service in a manner that is consistent with these Terms of Use and any additional terms of use from time to time in force and in such a way as to ensure compliance with all applicable laws and regulations (including without limitation, your local law). In particular, you will not use the Website (or any part of it) to transmit or post any material which is defamatory, offensive, or of an obscene or menacing character, or which may, in our judgment, cause annoyance, inconvenience or anxiety to any person or contains any virus or other computer programming routine which may damage or interfere with the Website and/or any services provided by the Website. 10.3 You agree not to use the Website such that you cause the whole or part of the Website to be interrupted, damaged, rendered less efficient or in any way impaired. 10.4 To the extent to which your use or the use by any person who may be authorised by you or for whom you are responsible (for example, as employer) causes loss or damage to us or any person, you agree to indemnify us immediately on demand in relation to any such losses or damages attributable to us, including where necessary any legal, administrative or technical charges that may arise from such use. 11. Newsletter and Other Communications If you have opted in to receive further details about the DIVA Universal Channel, NBC Universal and our related services, then we may contact you by email or by SMS message with details of other programmes, events, competitions, website activities or other services offered by DIVA Universal Channel and/or NBC Universal that we believe may be of interest to you. If you have “opted in” to receive further details from our related and commercial partners, then you may be contacted by email or by SMS message with details of such party's own events, programmes, competitions or other services. Please refer to our Privacy Policy for information on how we collect, store, manage and use your personal information. 12. Cancellation / Unsubscribing 12.1 You can unsubscribe to all communications from DIVA Universal Channel, NBC Universal and/or our related and commercial partners by following the unsubscribe links on the mails. You can cancel your membership for the Website by emailing us here and we will cancel your registration to our websites and cease sending any emails or communications. 12.2 NBC Universal reserves the right to: (a) deny or suspend your access to the Website or any part of the Website with or without notice to you if your use of the Website or that part is deemed by us abusive, excessive, or against the interests of other users of the Website or in breach of these Terms of Use; or (b) if applicable, to remove any content or material uploaded to the Website by you with or without notice where we believe it may contravene these Terms of Use. Additionally, we reserve the right to suspend, restrict, or terminate access to the Website for any reason at any time. 13. Law and Jurisdiction 13.1 These Terms of Use shall be governed by and construed in accordance with Singapore law. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the Singapore courts. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. 13.2 If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable. 13.3 NBC Universal makes no representation that materials on this Website are appropriate or available for use at other locations outside Singapore and access to them from territories where their contents are illegal or prohibited. If you access this Website from a location outside of the United Kingdom, you are responsible for compliance with all local laws. These Terms of Use are exclusively governed by and construed in accordance with the laws of Singapore whose courts will have exclusive jurisdiction in any dispute, save that we have the right at our sole discretion to commence and pursue proceedings in alternative jurisdictions. 14. General If any of these Terms of Use should be determined to be illegal, invalid or unenforceable by reason of the laws in any state or country in which they are intended to be effective, then to the extent that such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms and conditions shall remain in full force and continue to be binding and enforceable. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in the Terms of Use are material terms of the Terms of Use and that they have been taken into account in the decision by NBC Universal to provide the Service hereunder. The Terms of Use 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. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting the Terms of Use. If you believe that any content on the Service (including, without limitation, Postings) violates any of the terms of the Terms of Use, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. You acknowledges that the provisions of the Terms of Use are intended to inure to the benefit of entities affiliated with NBC Universal or licensors of NBC Universal or any of its affiliated entities as third party beneficiaries of the Terms of Use, and NBC Universal, its affiliated companies or its or their licensors will be entitled to enforce such provisions against you.