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Submitted URL: http://www.nbcuniversal.com//terms
Effective URL: https://www.nbcuniversal.com/terms
Submission: On October 09 via api from US — Scanned from CA
Effective URL: https://www.nbcuniversal.com/terms
Submission: On October 09 via api from US — Scanned from CA
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</form>Text Content
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TERMS OF SERVICE
Effective Date October 28, 2022; Updated December 7, 2023
Welcome to the Terms of Service (the “TOS”) for our websites, software, mobile
applications, content, games, interactive TV, or other products and online
services (including all Content therein, the “NBCUniversal Services”). The
NBCUniversal Services are made available to you by NBCUniversal Media, LLC, and
its affiliated companies (including successors & assigns, “NBCUniversal,” “we,”
“us” or “our”).
These TOS set out the agreement between you and NBCUniversal regarding how you
can use the NBCUniversal Services, and what responsibilities you and
NBCUniversal have to each other. These TOS contain important information
regarding your legal rights.
BY USING THE NBCUNIVERSAL SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE
BY THESE TOS AND OUR PRIVACY POLICY, which describes our privacy practices in
detail and is incorporated herein by reference. Please read them carefully.
Table of Contents
1. General Terms that describe the agreement between us and who is eligible to
enter it.
2. Services Terms that discuss what Services are available and your access to
those services.
3. Content Terms that relate to the content on our Services, who owns it, and
how it can be used.
4. Restrictions Terms that explain the rules about how users like you can use
our Services, and what will happen if those rules are violated.
5. Third Party Services and Third Party Platform Providers Terms that address
third parties with which you may interact while using our Services.
6. Disclaimers and Disputes Terms that discuss who is responsible for each
aspect of our relationship with you.
7. Dispute Resolution Terms that address disputes between us and how they can
be handled.
8. Additional Terms Terms that provide information about how the contract can
be interpreted, applied, or modified.
1. General
1. Acceptance of the TOS. You may access the NBCUniversal Services in
accordance with the TOS. You represent that you have read, understood,
and agree to be bound by these TOS in connection with your access to
and/or use of any of the NBCUniversal Services. If you do not agree to
these TOS, you may not access or use the NBCUniversal Services. By using
the NBCUniversal Services, you will be deemed to have agreed to the TOS.
2. Eligibility.
1. The NBCUniversal Services are for users who are 18 years of age or
older and reside in the United States (including its territories and
possessions), or those outside the United States who, to the maximum
extent permissible under applicable law, consent to use the
NBCUniversal Services in accordance with U.S. laws and these TOS.
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
regarding providers of such protections is available at the Electronic
Frontier Foundation website, http://www.eff.org.
2. By accessing or using the NBCUniversal Services, you represent and
warrant that (i) you are not located in a country that is subject to a
U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or
Syria); and (ii) your access to and use of the NBCUniversal Services
will comply with the United States export control and economic
sanctions requirements.
3. Supplemental terms Supplemental terms and conditions may apply to some
NBCUniversal Services, such as sweepstakes, subscriptions or online
purchases, and are deemed part of these TOS. (“Supplemental Terms”). Any
Supplemental Terms are in addition to these TOS and, to the extent there
is a conflict between the Supplemental Terms and these TOS, the
Supplemental Terms will prevail with respect to such conflict. If you do
not agree to the applicable Supplemental Terms, you may not use the
NBCUniversal Services to which they apply.
4. Modifications. YOUR ACCESS TO OR USE THE NBCUNIVERSAL SERVICESIS GOVERNED
BY THE THEN-CURRENT TOS. We may modify these TOS, and such changes will
be effective thirty (30) days following either notification to you or our
posting of the changes on the NBCUniversal Services. Your continued
access or use of the NBCUniversal Services after we post changes to these
TOS will be deemed acceptance of these TOS as modified. We encourage you
to check back here for any such changes from time to time.
5. Account Registration. You may be asked to provide registration
information in order to access some of the NBCUniversal Services. You are
responsible for providing correct, current and complete information and
maintaining the accuracy of such information. You agree that we may take
steps to verify the information you provide. The NBCUniversal Services
and any user names or passwords you use to access the NBCUniversal
Services ("Passwords") are for personal use only You are solely
responsible for maintaining the security of your Passwords and you agree
to immediately notify us of any unauthorized use of your Passwords and/or
other security breaches related to the NBCUniversal Services. You may
terminate your account for any reason or no reason.
2. Services
1. Availability of Services. We grant you a limited, non-sublicensable,
non-transferable license to access and use the NBCUniversal Services for
your personal use, and only in accordance with these TOS. Except as we
specifically agree in writing, no element of the Content may be used or
exploited in any way other than as part of the authorized NBCUniversal
Services made available to you. To the extent the NBCUniversal Services
make Content available for download, we grant you the right to download
such Content onto the device on which you use the NBCUniversal Services
in compliance with these TOS. We may change, suspend or discontinue any
or all of the NBCUniversal Services at any time for any reason without
notice or liability to you. We make no representations or warranties
about the quality, accuracy, or availability of the NBCUniversal
Services, including, but not limited to blackouts, location or
device-based limitations or compatibility, or Content-viewing windows.
2. Wireless Features. The NBCUniversal Services may offer certain features
that are available via a mobile network, such as the ability to receive
messages, upload content or download applications to your wireless device
(collectively, “Wireless Features”). If you use any Wireless Features,
you agree that we may send communications to your device.
3. Devices and Charges. You are solely responsible for obtaining all devices
and software, internet connectivity, mobile service, and other services
needed for your use of the NBCUniversal Services, and you will be solely
responsible for all charges related to them. Your carrier or internet
service provider may charge fees for or restrict certain Wireless
Features.
3. Content
1. NBCUniversal Content. The NBCUniversal Services contain or reference
material that is owned by us as well as third parties, including but not
limited to software, images, videos, text, and audio (collectively,
“Content”). As between NBCUniversal and you, NBCUniversal owns all
right, title and interest in and to the copyrights, trademarks, service
marks, trade names, and all other intellectual and proprietary rights
throughout the world associated with the NBCUniversal Services and
Content, including as incorporated into User-Generated Content. Except as
expressly stated in these TOS, nothing in these TOS shall be deemed to
convey to you any right, title or interest in or to the NBCUniversal
Services or Content. To the extent the NBCUniversal Services include an
explicit authorization with respect to certain Content (e.g., the right
to repost content on social media), NBCUniversal hereby grants you a
limited, revocable license to post or upload such Content onto your
personal social media account(s) without modification and in accordance
with the restrictions in these TOS or any other Supplemental Terms
associated with such Content. To the extent we authorize you to create,
Upload, publicly display or publicly perform User Generated Content that
is derived from our Content, we grant you a non-exclusive license to
create a derivative work using the specifically referenced Content. You
assign to us of all rights worldwide in the work you create for the
duration of copyright in the User Generated Content, in all formats and
media known or unknown to date, including for use on third party sites
and platforms. If such assignment is invalid, your license to create
derivative works using our Content is null and void.
2. User-Generated Content. The NBCUniversal Services may include
opportunities for you or others to upload, post, transmit or otherwise
distribute (“Upload”) on or through NBCUniversal Services text, images,
audio, video or other content (“User-Generated Content”). Except as may
be explicitly requested in connection with particular programs or
promotions, NBCUniversal is not requesting, and is unwilling to review,
ideas or materials relating to characters, storylines, treatments,
scripts, artwork, visual or audio-visual content, or other artistic or
creative works (whether relating to pre-existing NBCUniversal properties
or not). Except as expressly set forth in these TOS, you shall continue
to own all rights in and to your User-Generated Content, except to the
extent your User- Generated Content contains or is otherwise derived from
materials, content, or elements owned by NBCUniversal or any of our
affiliated companies or partners (e.g., characters or other elements
created or owned by us).
1. License to User-Generated Content. You hereby grant us a perpetual,
irrevocable, worldwide, royalty-free, fully paid up, sub-licensable
through multiple tiers (including to other users of the NBCUniversal
Services), transferable, non-exclusive license to use, reproduce,
adapt, prepare derivative works based on, publicly display, publicly
perform, distribute, incorporate in other works, and/or otherwise
exploit, in whole or in part, User-Generated Content (including your
name, likeness and voice as it appears in that User-Generated Content)
in any manner and any media now known or hereafter developed, without
further notice to you, and without the requirement of compensation or
additional permission from you or any other person or entity. You
represent and warrant that you own all User-Generated Content or are
otherwise authorized to grant the license above.
2. Use and Distribution of User-Generated Content. You agree that
NBCUniversal may give you attribution for your User-Generated Content,
but we are not required to so. To the extent permitted by applicable
law, you hereby waive and agree not to assert any “moral rights” or
other proprietary rights in any User-Generated Content against us, our
licensees, our representatives or other users.
3. Public Nature of NBCUniversal Services. You acknowledge that you
Upload any User-Generated Content voluntarily, and have no expectation
of privacy or confidentiality with respect to any User-Generated
Content you Upload, and that no fiduciary relationship exists between
us and you or any other party based on the User-generated Content.
Although we may offer you the ability to Upload User-Generated Content
anonymously, we may store your account information. We make no
guarantees to remove User-Generated Content from the NBCUniversal
Services or other sites, and we may retain User-Generated Content in
our backup files, including after termination of your account.
4. No Responsibility for User-Generated Content. NBCUniversal is not
responsible or liable for any User-Generated Content and we have no
obligation to investigate, monitor or correct any User-Generated
Content (e.g., for accuracy or completeness) except as provided in
Section 3.3. User-Generated Content may not reflect the views of
NBCUniversal and we do not endorse any User-Generated Content that you
or other users Upload.
3. Infringement Policy. If you believe that any User-Generated Content is
defamatory or infringes your intellectual property, please send a written
notice following the rules in our Infringement Policy to request a review
of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended
by Title II of the U.S. Digital Millennium Copyright Act of 1998, we
reserve the right to remove your User-Generated Content.
4. Restrictions
1. Prohibited Actions. You may not attempt any of the actions set forth in
this list of Prohibited Actions or authorize, facilitate or induce others
to do so. You recognize that Uploading unlawful material could expose you
to criminal and/or civil liability.
2. Investigations, Monitoring, and User Disputes. We may, but are under no
obligation to, examine, record, copy and disclose your use of the
NBCUniversal Services including as necessary to satisfy any law,
regulation or governmental request. We reserve the right to take, or
refrain from taking, any and all steps available to us, once we become
aware of any violation of these provisions, including, but not limited
to, modifying or removing any User-Generated Content, warning users,
suspending users and Passwords, terminating accounts, blocking access to
the NBCUniversal Services or taking other corrective action we deem
appropriate. You are solely responsible for your use of the NBCUniversal
Services, User-Generated Content, and any interaction with other users of
the NBCUniversal Services, and we reserve the right, but shall have no
obligation, to become involved in any way or to monitor disputes between
you and any other users of the NBCUniversal Services.
3. Termination and Suspension. Termination, suspension or cancellation of
your account or access to the NBCUniversal Services (collectively,
“Termination”) shall not affect any right or relief to which we may be
entitled, at law or in equity. Upon such Termination, all rights granted
to you in these TOS will automatically terminate and immediately revert
to us. Following such Termination, these TOS shall remain in full force
and effect with respect to your past and future use of the NBCUniversal
Services, including all rights granted by you to us.
5. Third Party Services and Third Party Platform Providers
1. Third Party Services. The NBCUniversal Services may provide links to
third-party websites, widgets, software, services or other utilities
(“Third-Party Services”). Third-Party Services are provided solely as a
convenience to you, and we are not responsible for Third-Party Services.
The inclusion of a link to or other integration with a Third-Party
Service on any NBCUniversal Service does not imply an endorsement by or
affiliation with us. Your rights and obligations while accessing those
Third-Party Services will be governed by the agreements and policies
relating to the use of and made available by those Third-Party Services.
We will not be responsible or liable for any confidential or personal
information you provide in connection with any Third Party Services, or
loss or damage of any sort incurred as the result of any dealings with or
as the result of the availability of such Third Party Services on the
NBCUniversal Services.
2. Third Party Platform Providers. If you access or download the
NBCUniversal Services via an Apple, Inc. (“Apple”), Amazon.com, Inc.,
Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc.
(“Samsung”) or any other third-party app store or platform (each a
“Third-Party Platform Provider”), such Third- Party Platform Providers,
shall be third-party beneficiaries to these TOS. However, these
Third-Party Platform Providers are not party to these TOS and have no
obligation to provide maintenance and/or support of the NBCUniversal
Services. Your access to the NBCUniversal Services through the
Third-Party Platform Provider’s app stores or platforms is subject to
such Third-Party Platform Provider’s then-applicable terms of service.
You should read the terms of service agreements and privacy policies that
apply to such third-party products.
3. Authentication. To the extent your use of the NBCUniversal Services
requires authentication by your cable, satellite or wireline provider or
multichannel video programming distributor through which you receive
video programing services (collectively, “MVPD Provider”), then the
authentication process and any information you provide is strictly
between you and your MVPD Provider, and we shall have no responsibility
or liability with respect to such process.
6. Disclaimers and Disputes
1. Disclaimer of Warranties. We make no representations or warranties as to
the NBCUniversal Services (which, for purposes of this Section 6 only,
shall include the Third-Party Services) with respect to their accuracy,
timeliness, reliability, availability, completeness or otherwise. WE
PROVIDE THE NBCUNIVERSAL SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR
AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
LICENSEES AND LICENSORS (COLLECTIVELY, THE “NBCUNIVERSAL PARTIES”)
DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR
LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE
FAILURE, NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU,
THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW.
2. Limitation of Liability.
1. IN NO EVENT WILL THE NBCUNIVERSAL PARTIES’ AGGREGATE LIABILITY TO YOU
IN CONNECTION WITH NBCUNIVERSAL SERVICES OR THESE TOS EXCEED (i) THE
AMOUNT (IF ANY) PAID BY YOU TO NBCUNIVERSAL IN THE SIX MONTHS
IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR
(ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY
PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND
SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY
OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE NBCUNIVERSAL
SERVICES. FURTHERMORE, NONE OF THE NBCUNIVERSAL PARTIES WILL BE LIABLE
TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST
PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT
RESULT FROM YOUR USE OF OR INABILITY TO USE THE NBCUNIVERSAL SERVICES.
THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
LEGAL THEORY, AND EVEN IF NBCUNIVERSAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING
FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER
DAMAGES.
2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
TYPES OF DAMAGES, NBCUNIVERSAL PARTIES’ LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE
LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO
NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET
FORTH ABOVE MAY NOT APPLY TO YOU.
3. Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING
OUT OF THE ACTS OR OMISSIONS OF THE NBCUNIVERSAL PARTIES OR YOUR USE OF
THE NBCUNIVERSAL SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO
ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE
AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE
NBCUNIVERSAL SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR
CONTENT.
4. Indemnification. You agree to defend, indemnify and hold harmless the
NBCUniversal Parties from and against any and all claims, demands,
actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable legal fees
and costs) arising out of or related to (i) any breach of these TOS; (ii)
User-Generated Content; and/or (iii) your use of the NBCUniversal
Services or any use of your account via the NBCUniversal Services.
7. Dispute Resolution
1. Disputes to Be Heard in Court. NBCUniversal and you agree that any
complaint, dispute, or disagreement, whether based on past, present, or
future events, arising out of or related in any way to these TOS or
regarding (i) your use of or interaction with the NBCUniversal Services,
(ii) any purchases or other transactions or relationships related to your
use of the NBCUniversal Services, or (iii) any data or information you
provide to us or we gather in connection with such use, interaction or
transaction will be resolved in federal or state (including small claims)
court and neither party shall be required to arbitrate any claims against
the other. Any unfiled claims following the effective date of this
agreement shall be resolved in federal or state (including small claims)
court as the case may be and this dispute resolution procedure expressly
supersedes any prior provision of any agreement.
2. Applicable Law. These TOS, any Supplemental Terms, and the relationship
between you and us shall be governed by the laws of the U.S. and the
State of New York without regard to its conflicts of law provisions.
Except as provided in applicable Supplemental Terms, you agree that the
Convention on Contracts for the International Sale of Goods does not
apply to your use of the NBCUniversal Services or these TOS. You are
responsible for complying with local laws, if and to the extent local
laws are applicable. You specifically agree to comply with all applicable
laws concerning the transmission of technical data exported from the
United States or the country in which you reside.
3. Jurisdiction and Venue. Any action or proceeding arising from, relating
to or in conection with these TOS will be brought exclusively in the
federal or state courts located in New York County, New York, and you
irrevocably consent to the personal jurisdiction of such courts and agree
that it is a convenient forum and that you will not seek to transfer such
action or proceeding to any other forum or jurisdiction, under the
doctrine of forum non conveniens or otherwise.
8. Additional Terms
1. Notice for California Users. Under California Civil Code Section 1789.3,
California users of the NBCUniversal 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 1625 North Market
Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at
(916) 445-1254 or (800) 952-5210, or online at
https://www.dca.ca.gov/webapps/gencomplaint.php.
2. No Waiver. No failure or delay by us in exercising any right, power or
privilege under these TOS will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any
other or further exercise thereof or the exercise of any other right,
power, or privilege under these TOS.
3. Severability. Unless otherwise expressly provided herein, the invalidity
or unenforceability of any provision of these TOS will not affect the
validity or enforceability of any other provision, all of which will
remain in full force and effect.
4. Entire Agreement. These TOS represent the entire understanding of the
parties regarding its subject matter and supersede all prior and
contemporaneous agreements and understandings between the parties
regarding its subject matter, and may not be amended, altered or waived
except in writing by the party to be charged. The paragraph or section
titles in these TOS are for convenience only and have no legal or
contractual effect.
5. Assignment. These TOS are binding upon and shall inure to the benefit of
parties and their respective successors, heirs, executor, administrators,
personal representatives and permitted assigns. You shall not assign
your rights or obligations hereunder without our prior written consent
and any assignment without our consent shall be void and invalid at the
outset.
6. Electronic Notice. You consent to receive notices, including agreements,
disclosures, and other communications, electronically from us at the
email address you have provided. You agree that these electronic notices
satisfy any legal requirements that such communications be in writing.
7. Designation of Agent. You hereby appoint us as your agent with full
authority to execute any document or take any action we may consider
appropriate to confirm the rights granted by you to us in these TOS.
8. Survival. The provisions of these TOS which by their nature should
survive the termination of these TOS shall survive such termination,
including but not limited to the restrictions, disclaimers, limitations,
our rights to use content, limitation of liability in Section 6, rules
regarding dispute resolution in Section 7, and the general provisions in
this Section 8.
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