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TERMS OF SERVICE
Effective date March 26, 2014
NBC Owned Television Stations, a division of NBCUniversal Media, LLC, its
subsidiary and affiliated companies maintain this and related websites, games,
interactive TV and mobile apps. Welcome to one of our offerings! Thank you for
visiting and learning more about us. PLEASE READ THESE TERMS OF SERVICE
CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS
INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A
JURY TRIAL. BY USING THE SITE OR ANY ONLINE SERVICES YOU AGREE TO THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE
SITE OR THE ONLINE SERVICES.
TABLE OF CONTENTS
1. Acceptance of Terms of Service
Each time you access and/or use sites or services, you agree to be bound by
these Terms of Service and any additional terms that will apply
prospectively to you. You agree to accept notice of posting the new terms
via our site on which you accessed these terms. More
2. Permitted Uses
We only grant you a limited revocable license to use the site or service
for your own non-commercial use subject to rules and limitations. More
3. Access to the Site and Availability of Online Services
Your use of our site and services is subject to various restrictions
designed to protect the online services and our users. We may change or
discontinue our online service in whole or in part. More
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of
Social Features
The sites and services may include a social network. You will provide true,
accurate and current data if you establish an account. Your activities on
the online services (including interaction with other members, advertisers,
video viewing and audio accessed) may be shared with others. More
5. Digital Items, Subscriptions and Credits
Any digital items and credits are provided subject to a limited revocable
license to only you for certain virtual goods and game play, and have no
cash value. More
6. You Agree to Our Privacy Policy and Third Party Ads
By accessing and using the online services, you consent to our Privacy
Policy and our practices detailed in it, including targeted advertising and
the use of tracking technologies. More
7. Wireless Features; Social Media Plug-Ins
Wireless carrier charges may apply to use of our online services via
wireless networks or devices and geo-location details. More
8. Your Conduct and Acceptable Use
Your use is subject to our rules regarding acceptable conduct and
practices. More
9. Monitoring
NBCUniversal may, but has no obligation to, monitor your use of the online
services. More
10. User Content; Grant of Limited License
You grant us a broad license to content you post on our online services and
bear all responsibility for all such content. No confidential or fiduciary
relationship is created by your posting on our online services. More
11. Merchants
NBCUniversal is not responsible for your business dealings with merchants
found on the online services. More
12. Children’s Online Privacy Protection Act Notification
NBCUniversal’s online services are not designed or intended for use by
children. More
13. Disclaimer of Warranties
We disclaim warranties and provide the online services “As Is.” More
14. Exclusion of Damages
You agree that you are entitled to no damages for any claims related to
your use of the online services, except as set out below. More
15. Limitation of Liability. Applicability of Disclaimers, Exclusions and
Limits
Our liability to you is limited. More
16. NBCUniversal Is Not Responsible For Third-Party Websites and Content
We are not responsible for third parties or their content,
advertisement(s), apps or sites, even if they are linked from or included
within our online services. More
17. Indemnification
You agree to indemnify us for material posted by you or through your
account. More
18. Reservation of Rights
NBCUniversal reserves the right to modify or discontinue the site or online
services.
19. Termination
We may terminate your account, password or access in our sole discretion at
any time and without prior notice. More
20. Infringement Policy
You may not post content you do not own or control or otherwise have the
right to post, and we encourage you to report any infringing activity you
identify on the online services. More
21. Links By You To the Online Services
You may link to our online services, subject to some basic rules. More
22. Responsible Use of Site
Please act responsibly when using the online services.
23. Investigations
NBCUniversalWe reserve the right to investigate suspected violations of
these Terms.
24. Local Regulations
If you choose to access the services from other locations you do so on your
own initiative and at your own risk.
25. Export Control
There are restrictions on the online services for those countries subject
to U.S. export controls. More
26. Binding Arbitration of All Disputes. No Class Relief
You agree to arbitrate and waive jury trial and class actions. More
27. Dispute Resolution for Non-US Residents Only if a Tribunal Has Ruled That
Arbitration is Prohibited by Law
Non-US citizens agree to an alternative procedure for dispute resolution if
a tribunal rules that arbitration is prohibited by law. More
28. Member Disputes
You are solely responsible for your communications with members or visitors
to the online services. More
29. Notice for California Users
Residents of California are entitled to specific consumer rights
information. More
30. General
By accessing and using the online services, you agree to certain terms
regarding (a) to the applicable law and venue; (b) no waiver; (c) the
enforcement and interpretation of these Terms of Service; (d) your limited
time to file claims; (e) the manner in which you communications with us.
You also agree not to assign or delegate your rights and obligations under
these Terms of Service. More
31. Terms Applicable for Apple iOS
There are some other things you should know if you are accessing or using
the online services through an Apple device. More
32. Content Limitations
You may not post e-mails or submit to or publish through forums or
otherwise make available on this Site certain content. More
1. Acceptance of Terms of Service
If you do not agree with any of these Terms of Service (“Terms of Service” or
“Terms”), including the Privacy Policy incorporated herein, please do not use
this Site or our online services. By using this Site you will be deemed to have
irrevocably agreed to these Terms. Some areas of this Site may be subject to
additional terms and conditions, which you should read carefully before making
any use of those areas. Such additional terms will not change or replace these
Terms regarding use of this Site, unless otherwise expressly stated. These Terms
of Service apply when you interact digitally with the Internet sites operated by
NBCUniversal Media, LLC and its affiliates and subsidiaries (“NBCUniversal” or
“We”, “Our” or “Us”), (the “Site” or “Sites”), games, interactive TV, and any
other services, products and any related software or mobile and/or tablet
applications offered by NBCUniversal (collectively “online services” or
“services”). Note that in some instances, both these Terms of Service and
separate additional terms or licenses, guidelines, rules or terms of service
will apply to your use of some online services offered and/or operated by
NBCUniversal (in each such instance, and collectively, “Additional Terms”).
These Additional Terms will be posted in connection with the applicable online
services and will be in addition to these Terms of Service. Where any direct
conflict exists between these Terms of Service, or any Additional Terms, and the
applicable Privacy Policy the terms of the Privacy Policy shall take precedence;
however provisions unique to these Terms of Service (e.g., arbitration) will
remain in effect as outlined here. NBCUniversal may modify these Terms of
Service prospectively from time to time in its sole discretion. Your continued
use or accessing of the online services following the posting of any changes to
the Terms of Service constitutes your acceptance of such changes. You agree to
be notified of changes to the Terms of Service via posting of updates on the
Site. This is a general audience Site for adults. We will assume (and by using
this Site you warrant that) you have legal capacity to enter into the agreement
set out in these Terms of Service (i.e., that you are of sufficient age and
mental capacity and are otherwise entitled to be legally bound in contract). To
access this Site or some of the resources it has to offer, you may be asked to
provide registration details. It is a condition of use of these online services
that all the details you provide be correct, current, and complete. If we at
NBCUniversal believe the details are not correct, current, or complete, we have
the right to refuse you access to the online services, or any of its resources,
and to terminate or suspend your account. Please note that these Terms may be
revised and reissued, prospectively by posting updated terms on this Site. You
consent and agree to receive notices of updates of these Terms through our
posting of updated Terms on the Site. You should visit this page regularly to
review the current terms. Your continued use of the Site will be deemed as
irrevocable acceptance of any revisions. EACH TIME YOU SIGN IN TO OR OTHERWISE
USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE
THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF
OTHER TERMS BY POSTING THEM ON THE SITE OR ONLINE SERVICES (OR IN ANY OTHER
REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE
AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS
FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms
of Service and any applicable Additional Terms each time you use the online
services (at least prior to each transaction or submission). The Additional
Terms will be effective as to new use and transactions as of the time that we
post them, or such later date as may be specified in them or in other notice to
you. However, the Terms of Service (and any applicable Additional Terms) that
applied when you previously used the online services will continue to apply to
such prior use (i.e., changes and additions are prospective only) except as
mutually agreed. In the event any notice to you of new, revised or Additional
Terms is determined by a tribunal to be insufficient, the prior agreement shall
continue until sufficient notice to establish a new agreement occurs. You should
frequently check the home page, your message account (if applicable) and the
e-mail you associated with your account for notices, all of which you agree are
reasonable means of providing you notice. You can reject any new, revised or
additional Terms of Service by discontinuing use of the Site and related online
services.
2. Permitted Uses
Your use of the online services shall be limited solely to your personal and
non-commercial use. The online services contain material that is derived in
whole or in part from material supplied and owned by NBCUniversal as well as
third parties (“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 online services and Content. You acknowledge
NBCUniversal’s valid intellectual and proprietary property rights in the online
services and Content and that your use of the online services is limited to the
access, viewing and downloading of Content, all solely as authorized by
NBCUniversal. Nothing in these Terms of Service shall be deemed to convey to you
any right, title or interest in or to the online services or Content or to any
portion thereof except for the limited rights expressly granted herein. You may
use the online services solely for personal and non-commercial uses. You may not
either directly or through the use of any personal computer, browser, laptop,
tablet, mobile phone or other device (each a “device”) or other means remove,
alter, bypass, avoid, interfere with, or circumvent (i) any copyright,
trademark, or other proprietary notices marked on the online services or
Content, (ii) any digital rights management mechanism, device, or other content
protection or access control measure associated with the online services or
Content, or (iii) any advertisement on the online services and/or within
Content. You may not either directly or through the use of any device or other
means copy, download, stream, reproduce, duplicate, archive, distribute, upload,
publish, modify, translate, broadcast, perform, display, sell, transmit or
retransmit the online services or Content unless expressly permitted by
NBCUniversal in writing. You may not incorporate Content into, or stream or
retransmit the Content via, any hardware or software application or make the
online services or any Content available via frames or in-line links, and you
may not otherwise surround or obfuscate the Content or online services with any
third party content, materials or branding. You may also not use any software
robots, spider, crawlers, or other data gathering or extraction tools, whether
automated or manual, to access, acquire, copy, monitor, scrape or aggregate
Content or any portion of the online services. See Section 21 for terms
applicable to use of links to the online services. You may not knowingly or
intentionally take any action that may impose an unreasonable burden or load on
the online services or its servers and infrastructures. You may not build a
business, in whole or in part, resell, redistribute or recirculate or make any
other commercial use of, or create derivative works or materials utilizing any
portion of the online services or Content, whether or not for profit. To the
extent that NBCUniversal makes Content available to you via a widget, embedded
player or other technology that allows you to embed or stream Content on or to
another site, you may not modify, enhance, remove, interfere with, or otherwise
alter in any way any portion of such technology, any digital rights management
mechanism, device, or other content protection or access control measure
associated with Content, or any advertisement delivered with Content. You are
also prohibited from disabling, modifying, interfering with or otherwise
circumventing any technology to allow users to view Content without: (i)
displaying visibly both Content and all surrounding elements (including the
graphical user interface, any advertising, copyright notices, and trademarks);
and (ii) having full access to all functionality permitting viewing of Content,
including, without limitation, all video quality and display functionality and
all interactive, elective or click-through advertising functionality.
3. Access to the Site and Availability of Services
The Site and online services are intended for use by users who are over the age
of 13 and reside in the United States, its territories and possessions (“U.S.”)
or those outside of the U.S. that consent to use the online services in
accordance with U.S. laws, this Terms of Service and the Privacy Policy. By
using or attempting to use the Site or online services, you certify that you
meet any other eligibility and residency requirements of the Site. NBCUniversal
may change, suspend or discontinue any aspect of the Site or online services at
any time (and any elements and features of them), in whole or in part, for any
reason, in our sole discretion, without notice or liability, including pursuant
to Section 19 (Termination) below. You are responsible for any charges incurred
in obtaining access to the Site and online services. The Site and online
services are currently provided for free, although you may be given the
opportunity to purchase products or services through the Site from NBCUniversal.
NBCUniversal reserves the right to change the nature of this relationship at any
time. You and we agree that the Convention on Contracts for the International
Sale of Goods does not apply to your use of our online services or this Terms of
Service.
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of
Social Features
If you establish an account with NBCUniversal, you agree to provide true,
accurate and current data in connection with that account. Any usernames and
passwords used for this Site or services are for individual use only. You are
solely responsible for maintaining the security and confidentiality of the
password you use to access your account. You agree to immediately notify
NBCUniversal of any unauthorized use of your password or account or any other
breach of security. You understand and agree that the Site and/or online
services may include a social network and your activities (e.g., video viewing,
interactions with members and/or advertisers) may be shared with others both on
and off the online services. If you don’t want your activities on such social
network to be shared, your only option is to deactivate the related social
network account.
5. Digital Items, Subscriptions and Credits
Purchases of usage subscriptions (including credits, points, and/or virtual
currency) or any virtual items made available on the online services are
nonrefundable, have no monetary value (i.e., are not a cash account or
equivalent), and are purchases of only a limited, non-exclusive, revocable,
non-assignable, personal, and non-transferable right to use, even if such came
with a durational term (e.g., a monthly subscription). Accordingly, you have no
property, proprietary, intellectual property, ownership, or monetary interest in
your usage subscriptions or virtual items, which remain our Content. We may also
immediately suspended or terminate the rights we grant you to usage
subscriptions and virtual items for any or no reason, in our sole discretion,
and without advance notice or liability. We may modify usage subscriptions and
virtual items at our sole discretion, and such modifications may make the usage
subscriptions or virtual items more or less common, valuable, effective, or
functional. We do not recognize the transfer of usage subscriptions or virtual
items (including for “real” money or any other consideration or items of value
whether inside our outside of the online services). Accordingly, you may not
purchase, sell, barter, or trade any usage subscriptions or virtual items, or
offer to purchase, sell, or trade any usage subscriptions or virtual items. Any
such attempted transfer will be null and void. If we suspend or terminate any
usage subscriptions or virtual items, then you will forfeit the suspended or
terminated subscription or items, except as may be set forth in any Additional
Terms (such as any refund policies that may apply to a subscription service).
Likewise, except as may be set forth in any Additional Terms or as required by
applicable law, we are not responsible for repairing or replacing same, or
providing you any credit or refund or any other sum, in the event of our
modification of any usage subscriptions or virtual item, or for loss or damage
due to error, or any other reason.
6. You Agree to Our Privacy Policy and Third Party Ads
Your privacy is important to us. To better protect your privacy, we provide a
notice explaining our online information practices and the choices you can make
about the way your information is collected and used at this Site and the online
services. Click here to show this notice, which forms part of these Terms of
Service. Any personal details and data acquired by NBCUniversal from your
participation on the online services will be used in accordance with our Privacy
Policy and Tracking (Cookies) Technologies Policy, including targeted
advertising and tracking information we collect automatically. To learn more
about how you can opt-out of targeted advertising, please click on the “Ad
Choices” icon on the Site, as described more fully in the Privacy Policy.
7. Wireless and Location-Based Features; Social Media Plug-ins
1. Wireless Features. The online services may offer certain features and
services that are available to you via your wireless device. These features
and services may include the ability to access the online services’ features
and upload content to the online services, receive messages from the online
services, and download applications to your wireless device (collectively,
“Wireless Features”). Your carrier may prohibit or restrict certain Wireless
Features and certain Wireless Features may be incompatible with your carrier
or wireless device. In addition, your carrier may charge you for standard
messaging, data, and other fees to participate in Wireless Features. Fees
and charges may appear on your wireless bill or be deducted from your
pre-paid balance. We have no responsibility or liability for any fees or
charges you incur when using Wireless Features. You should check with your
carrier to find out whether any fees or charges will apply, what plans are
available and how much they cost. You should also contact your carrier with
any other questions regarding these issues.
2. Terms of Wireless Features. If you register for any Wireless Features then
you agree that, in connection with those Wireless Features, we may send
communications to your wireless device regarding us or other parties.
Further, we may collect information related to your use of the Wireless
Features in accordance with our Privacy Policy. If you have registered via
the online services for Wireless Features, then you agree to notify
NBCUniversal of any changes to your wireless contact information (including
phone number) and update your accounts on the online services to reflect the
changes.
3. Location-Based Features. For online services on mobile devices (“Mobile
Apps”) when you use one of our location-enabled services, we may collect and
process information about your actual location. Some of the Mobile Apps or
online services require your location information for the feature to work.
If you have enabled GPS, geo-location or other location-based features on a
device, you acknowledge that your device location will be tracked and may be
shared with others consistent with the Privacy Policy.
4. Social Media Plug-Ins. Social media plug-ins of social networks such as
Facebook, Twitter and Google Plus (amongst others) are integrated on our
Site and other online services. Where our online services contain a plug-in
to a social network, these are clearly marked (e.g. with a Facebook button).
If you chose to click on one of these buttons or links, your browser
connects directly to the servers of the relevant social network. The social
network directly transmits the content of the plugin to your browser. If you
are registered on the relevant social network and logged into your
respective account the social network receives the information that the web
page was used by you. If you interact with a social network plug-in (e.g.
you press the Facebook “Like” feature, the Twitter “Tweet this” feature and
Google Plus “1+” button or equivalent) or drop a comment on the appropriate
web page, the corresponding information is directly transmitted to the
relevant social network from your browser. If you are not registered with
the social network or you are logged out before you visit our online
services, there is the possibility that at least your IP address will be
submitted to and stored by the social network. If you interact with us
through a social media platform, plug-in etc., then you may be permitting us
to have on-going access to certain information from your social network
profile (such as name, social networking id page, email address, photo,
gender, location, the people/sites you follow etc.).
If you don’t want the social network to collect the information about you
described above, or to share it with us and other third parties, please review
the privacy policy of the relevant social network and/or log out of the relevant
social network before you visit our online services. As with other sites, you
may be able delete any existing cookies placed on your computer by the social
network via your browser. See Section 1 of our Privacy Policy to find out more
about how our Sites contain plug-ins to social media networks.
8. Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to the online
services. You are responsible for the content of your communications (including
User Content as defined in Section 10) via the online services.
* No Interference. You may not interfere with any other user from using or
enjoying the online services.
* No Bullying. You may not use the online services to threaten, abuse, harass,
or invade the privacy of any third party.
* Content Posted by You Must be Yours. You may not upload, post, transmit or
otherwise distribute or facilitate the distribution of content that is
fraudulent or infringes the rights of any third party, including without
limitation, patent, trademark, copyright, right of publicity or other
proprietary rights.
* Your Materials Must be Lawful and Appropriate. You may not upload, post or
otherwise distribute or facilitate the distribution of any unlawful,
threatening, abusive, libelous, defamatory, obscene, pornographic, profane,
indecent or otherwise inappropriate information of any kind, including
without limitation, any images or other material of a sexual nature.
* Don’t Damage Our Site, Online Services or Servers. You may not upload, post
or otherwise distribute or facilitate the distribution of a software virus or
any other computer code that is designed or intended to disrupt, damage, or
limit the functioning of the Site, any other online services, or to obtain
unauthorized access to the online services or Content or any data or other
information of any third party.
* No Unauthorized Access. You may not attempt to gain unauthorized access to
other computer systems or networks connected to the online services or use
the online services, Content or any information contained therein for any
unlawful purpose. NBCUniversal, in its sole and absolute discretion, shall
determine whether any content you transmit or receive or your use of the
online services violates this provision.
* No Collection of Personal Information From Other Users and No Commercial Use.
You may not collect information about other users of the online services in
violation of our Privacy Policy or use any such information for the purpose
of transmitting or facilitating transmission of unauthorized or unsolicited
advertising, junk or bulk email, chain letters, or any other form of
unauthorized solicitation.
* Be Yourself. You may not impersonate or falsely state or otherwise
misrepresent your professional or other affiliation NBCUniversal or with any
other person or entity.
* No Criminal or Unlawful Conduct. You may not use the online services, Content
or any information contained therein for any unlawful purpose, and you may
not encourage conduct that would constitute a criminal offense or give rise
to civil liability. You may not use any services in connection with any site
or other use that contains or is associated with information or content
prohibited by this section.
* Follow These Terms of Service and Conduct Rules. You may not take any action
on the online services that violates any applicable law or these Terms of
Service.
We may require, at any time, proof that you are following these rules. We
reserve the right to take, or refrain from taking, any and all steps available
to us, including suspending or terminating your access to the online services or
seeking other legal or equitable remedies, once we become aware of any violation
of these provisions.
9. Monitoring
NBCUniversal may, but has no obligation to, monitor the use by you and other end
users of the online services. During monitoring, any information relating to any
user or their respective activities on the online services may be examined,
recorded, copied, and used for authorized purposes in accordance with our
Privacy Policy. Furthermore, NBCUniversal reserves the right at all times to
disclose any information posted on any portion of the online services as
necessary to satisfy any law, regulation or governmental request, or to refuse
to post, or to remove, any information or materials, in whole or in part, that
in NBCUniversal’s sole and absolute discretion are objectionable or in violation
of these Terms of Service.
10. User Content; Grant of Limited License
Reviews, responses, profile entries, posts or questions may not be able to be
deleted once uploaded. For some of our features, other members may be able to
request email notifications of your new public content or publish their own
comments to your comments. We may use the public content to develop aggregate
ratings, personalize site views, market products or identify or feature popular
members. If you post or upload any content to the Services (“User Content”), you
hereby acknowledge and agree that you are granting NBCUniversal (including
without limitation, its licensees, affiliates, successors and assigns) a
worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive
right and license to use, reproduce, publicly display, publicly perform, modify,
sublicense, and distribute such User Content, and incorporate it in other works,
in whole or in part, in any manner and any media now known or hereafter
developed. You represent and warrant that you own such content or otherwise have
sufficient rights in the content to grant to NBCUniversal the foregoing license
without infringing or violating the rights of any third party. Without in any
way limiting the foregoing, you acknowledge and agree that NBCUniversal, its
licensees, affiliates, successors and assigns, shall have the right to sell,
license, assign and otherwise transfer any and all of the rights granted by you
to NBCUniversal under these Terms of Service, and to display any advertising,
publicity, promotional materials and distribution rights in connection with your
User Content. You acknowledge and agree that NBCUniversal, its licensees,
affiliates, successors and assigns, will be entitled to retain any and all
revenue generated from any sales, licenses, assignments and other transfers of
the rights granted by you hereunder, as well as any and all revenue generated by
the display of any advertising, publicity, promotional materials or distribution
rights in connection with your User Content. Nothing in these Terms of Service
obligates or may be deemed to obligate NBCUniversal or any other person or
entity to exercise any of the rights granted by you under these Terms of
Service. You will not receive any compensation of any kind for your User Content
or the use thereof, and you agree that there is no industry or other custom or
practice that will vary these Terms of Service. You agree that NBCUniversal, its
licensees, successors and/or assigns, shall have no obligation to give you
credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content: Your User
Content will not be acknowledged or returned. You acknowledge and agree that
your User Content is being sent voluntarily by you, and not in confidence, and
that no confidential relationship is intended or created between NBCUniversal,
and/or any other person or entity, on the one hand, and you, on the other hand,
by your submission of the User Content. You also agree that NBCUniversal does
not intend and will not pay you for any User Content. You understand that no
industry custom or practice changes your agreement that you will not be paid for
any User Content. Use of Name and Likeness: By posting User Content on the
online services, you consent to the recording, use and reuse by NBCUniversal,
its licensees, successors and assigns, of your voice, actions, likeness, name,
appearance, profile photograph, performance, biographical material, and any
other identifying information, including, without limitation, any information
contained in your User Content (collectively, “Personal Elements”), as used,
edited, altered, fictionalized or modified by NBCUniversal, in its sole
discretion, in any and all media now known or hereafter devised, throughout the
world, in perpetuity, including, without limitation, in and in connection with
NBCUniversal, or related Sites or online services, in and in connection with any
television programs and other productions, and in and in connection with
advertising, promotion and publicity. Ownership: Except as expressly set forth
in these Terms of Service, you shall continue to own all rights in and to the
User Content. To the extent your User Content contains other materials or
elements owned by NBCUniversal or any other affiliated company, such as
characters or other elements protected by copyright, trademark or other laws,
your rights to make any other use of the User Content will continue to be
governed by and may be limited by other applicable laws, the rights of third
parties and NBCUniversal. Idea Submissions Prohibited: NBCUniversal does not
accept unsolicited submissions for motion pictures, television programs,
websites, articles, streaming video, e-books, or other products or services.
Therefore, please do not make any such unsolicited submissions to NBCUniversal
through the online services, including posts on any Site or any third party
social network or website, or by e-mail, text message or any other means.
However, if you decide to make any such unsolicited submission, you hereby grant
to NBCUniversal the right and license to the submission as if it were User
Content as specifically set forth above. In addition, NBCUniversal retains all
of the rights held by members of the general public with regard to your
unsolicited ideas and materials. NBCUniversal’s receipt of your unsolicited
ideas and materials is not an admission by NBCUniversal of their novelty,
priority, or originality, and it does not impair NBCUniversal’s right to contest
existing or future intellectual property rights relating to your unsolicited
ideas and materials. Public Nature of Online Services: While we may offer you
the ability to post User Content anonymously, please be aware that your account
information relating to your User Content is still stored by us. User Content
does not reflect the views of NBCUniversal. Notwithstanding anything else in
these Terms of Service, NBCUniversal should not be seen as endorsing any User
Content in any way. None of NBCUniversal or its officers, directors, and
employees, subsidiaries and/or affiliates shall be liable for any User Content.
You acknowledge that you have no expectation of privacy with regard to any User
Content. Liability for User Content: User Content does not reflect the views of
NBCUniversal. Notwithstanding anything else in these Terms of Service,
NBCUniversal should not be seen as endorsing any User Content in any way. User
Content posted through the online services are provided by users like you who
are unaffiliated with NBCUniversal, and the user providing User Content is
solely responsible for his/her own User Content. This means that you, and not
NBCUniversal, are entirely responsible and liable for any claims, loss or
damages relating to all User Content that you upload, post, email or otherwise
transmit via the online services. None of NBCUniversal or its affiliates, or its
or their officers, directors, and employees, subsidiaries and/or affiliates are
responsible for User Content, accuracy or opinions expressed on the online
services, nor shall they have any liability for any such User Content.
NBCUniversal does not investigate, monitor or check for accuracy or completeness
of User Content. You understand that by using the Site or online services, you
may be exposed to User Content that is offensive, indecent, or objectionable.
11. Merchants
Your correspondence or business dealings with, or participation in promotions
of, merchants found on or through the online services, 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. NBCUniversal 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 online services.
12. Children’s Online Privacy Protection Act Notification
NBCUniversal is not designed or intended for use by children under the age of
13. Pursuant to 47 U.S.C. Section 230(d) as amended, NBCUniversal 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 Electronic
Frontier Foundation website, http://www.eff.org. To view information on our
policy regarding the privacy of children under the age of 13, please see
our Privacy Policy.
13. Disclaimer of Warranties
While NBCUniversal uses reasonable efforts to include up to date information on
the Site and online services, NBCUniversal makes no warranties or
representations as to its accuracy, timeliness, reliability, completeness or
otherwise. NBCUNIVERSAL PROVIDES THE ONLINE SERVICES ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBCUNIVERSAL, ITS
PARENT, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “NBCUNIVERSAL
PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, NBCUNIVERSAL DOES NOT WARRANT THAT THE ONLINE SERVICES,
OR YOUR ACCESS TO OR USE OF THE ONLINE SERVICES WILL (1) BE UNINTERRUPTED; (2)
BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET
YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR
SOFTWARE YOU USE. NBCUNIVERSAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. NBCUNIVERSAL DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL,
INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY
WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NBCUNIVERSAL MAKES NO WARRANTIES THAT YOUR USE OF THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE
SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND NBCUNIVERSAL
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE
SITE OR ANY OTHER WEB SITE. 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.
14. Exclusion of Damages
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS
AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR
EMPLOYEES. NONE OF THE NBCUNIVERSAL PARTIES WILL BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, 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 SITE OR SERVICES. THIS LIMITATION APPLIES 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. 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 EACH OF THE NBCUNIVERSAL PARTIES SHALL
NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF
THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, NBCUNIVERSAL WILL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH
SECTION 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND
SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU
OR ANY THIRD PARTY.
15. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
IN NO EVENT WILL THE NBCUNIVERSAL PARTIES’ AGGREGATE LIABILITY TO YOU IN
CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF
ANY) PAID BY YOU TO NBCUNIVERSAL IN THE SIX MONTHS IMMEDIATELY PRECEDING THE
EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100),
WHICHEVER IS LESS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION 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. THIS PARAGRAPH WILL ONLY
APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES
OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
16. NBCUniversal is Not Responsible For Third-Party Websites and Content
For your convenience, the online services may provide links to websites of other
persons or entities (“Third-Party Websites”). HOWEVER, THE THIRD-PARTY WEBSITES
ARE NOT CONTROLLED BY NBCUNIVERSAL. ACCORDINGLY, NBCUNIVERSAL MAKES NO
WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES HAS NO
RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH
THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE
INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES
NOT IMPLY AN ENDORSEMENT BY NBCUNIVERSAL. WHEN YOU ACCESS ANY OF THESE
THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN
YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE
GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
17. Indemnification
You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates
and their respective directors, officers, employees and agents 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 accruing from (a) any breach of these terms,
including any of the foregoing provisions, representations or warranties, and/or
from your placement or transmission of any content onto NBCUniversal’s servers,
and/or from any and all use of your account; (b) any material posted or
otherwise provided by you (including without limitation User Content), or any
other subscriber or user of your account that infringes any intellectual
property right of any person or entity or defames any person or violates their
rights of publicity or privacy; (c) any misrepresentation made by you in
connection with your use of the online services; and (d) any breach of any of
the representation, warranties or other terms or conditions relating to use of
your User Content or the online services.
18. Reservation of Rights
NBCUniversal reserves the right to modify or discontinue, temporarily or
permanently, all or any part of this Site and/or any software, facilities and
services on this Site, with or without notice, and/or to establish general
guidelines and limitations on their use.
19. Termination
NBCUniversal may, in its sole discretion, terminate your password, account (or
any part thereof) or use of the online services, or remove and discard any User
Content or information stored, sent, or received via the online services without
prior notice and for any reason or no reason, including, but not limited to: (i)
permitting another person or entity to use your identification to access the
Site or online services, (ii) any unauthorized access or use of the online
services, (iii) any violation of these Terms of Service, or (iv) tampering with
or alteration of any of the software, data files, and/or Content contained in or
accessed through, the online services. You may terminate your account for any
reason or no reason. Termination, suspension, or cancellation of these Terms of
Service or your access rights to the online services shall not affect any right
or relief to which NBCUniversal may be entitled, at law or in equity. Upon such
termination, suspension, or cancellation, all rights granted to you will
automatically terminate and immediately revert to NBCUniversal and its licensors
and all rights granted by you to NBCUniversal shall survive in perpetuity.
20. Infringement Policy
NBCUniversal respects the intellectual property of others, and we ask our users
to do the same. This Site and materials incorporated by NBCUniversal on this
Site (“Material”) are protected by copyrights, patents, trade secrets or other
proprietary rights (“Copyrights”). Some of the characters, logos or other images
incorporated by NBCUniversal on this Site are also protected as registered or
unregistered trademarks, trade names and/or service marks owned by NBCUniversal
or others (“Trademarks”). NBCUniversal, 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
online services if it determines in its sole and absolute discretion that you
are involved in infringing activity, including alleged acts of first-time or
repeat infringement, regardless of whether the material or activity is
ultimately determined to be infringing. NBCUniversal accommodates and does not
interfere with standard technical measures used by copyright owners to protect
their materials. Therefore, in compliance with the Act, if you believe that any
such third party materials infringe your intellectual property please send a
written notice to the agent identified below to request a review of the alleged
infringement: By mail:
Gillian M. Lusins
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: 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:
* Your name, address, telephone number, and e-mail address;
* 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;
* Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on the online services are covered by a single
notification, a representative list of such works. 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;
* 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 NBCUniversal to locate the material;
* 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; and
* A statement that the information in the notice 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.
21. Links By You To the Online Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and
non-transferable license to create hyperlinks to the online services, so long
as: (a) the links only incorporate text, and do not use any trademarks, (b) the
links and the content on your website do not suggest any affiliation with or
endorsement by NBCUniversal or cause any other confusion regarding your
relationship to NBCUniversal or its affiliates or to the online services, (c)
the link must open in a new browser window and link to the full version of
applicable online services web page; and (d) the links and the content on your
website do not portray NBCUniversal or its affiliates or its products or
services in a false, misleading, derogatory, or otherwise offensive matter, and
do not contain content that is unlawful, offensive, obscene, lewd, lascivious,
filthy, violent, threatening, harassing, or abusive, or that violate any right
of any third party or are otherwise objectionable to NBCUniversal. NBCUniversal
reserves the right to suspend or prohibit linking to the online services for any
reason, in its sole discretion, without advance notice or any liability of any
kind to you or any third party.
22. Responsible Use of Site
Please act responsibly when using this Site and online services. You may only
use this Site and its contents for lawful purposes and in accordance with
applicable law and you are prohibited from storing, distributing or transmitting
any unlawful material through this Site. You may not collect or store personal
information regarding other users. You recognize that storing, distributing or
transmitting unlawful material could expose you to criminal and/or civil
liability. You agree that if a third party claims that material you have
contributed to the online services is unlawful, you will bear the burden of
establishing that it is lawful. You understand and agree that all materials
publicly posted or privately transmitted on or through this Site or online
services are the sole responsibility of the sender, not NBCUniversal, and that
you are responsible for all material you upload, publicly post or otherwise
transmit to or through this Site or online services.
23. Investigations
NBCUniversal reserves the right to investigate suspected violations of these
Terms, including without limitation any violation arising from any submission,
posting or e-mails you make or send to any forum. NBCUniversal may seek to
gather information from the user who is suspected of violating these Terms, and
from any other user. NBCUniversal may suspend any users whose conduct or
postings are under investigation and may remove such material from its servers
as it deems appropriate and without notice. If NBCUniversal believes, in its
sole discretion, that a violation of these Terms has occurred, it may edit or
modify any submission, posting or e-mails, remove the material permanently,
cancel postings, warn users, suspend users and passwords, terminate accounts or
take other corrective action it deems appropriate. NBCUniversal will fully
cooperate with any law enforcement authorities or court order requesting or
directing NBCUniversal to disclose the identity of anyone posting any e-mails,
or publishing or otherwise making available any materials that are believed to
violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL
MEMBERS OF NBCUNIVERSAL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY
MEMBER OF NBCUNIVERSAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM
ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF
NBCUNIVERSAL OR LAW ENFORCEMENT AUTHORITIES.
24. Local Regulations
NBCUniversal makes no representation that content on the Site or online services
are appropriate or available for use outside the United States, its territories,
possessions and protectorates. If you choose to access the online services from
other locations you do so on your own initiative and at your own risk. 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.
25. Export Control
Unless otherwise specified, the materials on the online services are presented
solely to provide information regarding and to promote NBCUniversal’s services
and other products available in the U.S. The online services are controlled and
operated by NBCUniversal from its offices within the State of New York.
NBCUniversal makes no representation that materials on the online services are
appropriate or available for use outside the U.S. Those who choose to access the
online services from outside the U.S. do so on their own initiative and are
responsible for compliance with local laws, if and to the extent that local laws
are applicable. Software from the online services are further subject to U.S.
export controls. No software may be downloaded or otherwise exported or
re-exported (A) into (or to a national or 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
online service, 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.
26. Binding Arbitration of All Disputes. No Class Relief
This Section 26 is deemed to be a “written agreement to arbitrate” pursuant to
the Federal Arbitration Act. You and NBCUniversal agree that we intend that this
Section 26 satisfies the “writing” requirement of the Federal Arbitration Act.
This Section 26 can only be amended by mutual agreement. For non-U.S. residents,
if binding arbitration is adjudged by a tribunal to be unenforceable, the
provisions of Section 27 shall apply to all relevant disputes between you and
us. We believe that arbitration is a faster, more convenient and less expensive
way to resolve any disputes or disagreements that you may have with us.
Therefore, pursuant to these Terms of Service, if you have any dispute or
disagreement with us regarding (i) your use of or interaction with the Site or
other online services, (ii) any purchases or other transactions or relationships
with NBCUniversal, or (iii) any data or information you may provide to
NBCUniversal or that NBCUniversal 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 Site or other online service, or engaging in any other
NBCUniversal Transactions or Relationships with us, you agree to binding
arbitration as provided below. We 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 our Site or other online service, you
agree that any complaint, dispute, or disagreement you may have against
NBCUniversal, and any claim that NBCUniversal may have against you, arising out
of, relating to, or connected in any way with these Terms of Service, our
Privacy Policy, 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, NBCUniversal 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
Section 26, provided, however, that in no event may such Minimum Standards
contravene or restrict the application of subpart (e) or (i) below. Furthermore,
this Section 26 shall not prevent any party from seeking provisional remedies in
aid of arbitration from a court of appropriate jurisdiction. You further agree
that:
1. 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 NBCUniversal (the “Arbitrator”);
2. 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 these Terms
of Service and/or these arbitration provisions in Section 26 hereof,
including but not limited to any claim that all or any part of these Terms
of Service is void or voidable;
3. Location of Arbitration. The Arbitration shall be held either: (i) at a
location determined by JAMS (or, if applicable, AAA) 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 NBCUniversal; or (iii) at your election, if the only
claims in the arbitration are asserted by you and are for less than $10,000
in aggregate, by telephone or by written submission.
4. 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;
5. No Class Relief. The Arbitration can resolve only your and/or
NBCUniversal’s 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;
6. 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, NBCUniversal 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 your
claim(s) were frivolous or asserted in bad faith;
7. Reasonable Attorney’s Fees. In the event you recover an Award greater than
NBCUniversal’s last written settlement offer, the Arbitrator shall also
have the right to include in the Award NBCUniversal’s reimbursement of your
reasonable and actual out-of-pocket attorneys’ fees associated with the
Arbitration, but NBCUniversal shall in all events bear its own attorneys’
fees; and
8. Interpretation and Enforcement of Arbitration Clause. With the exception of
subpart (e) above, if any part of this arbitration provision 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 NBCUniversal shall be entitled
to arbitrate their dispute, and must instead bring any claims in a court of
competent jurisdiction.
9. Modification of Arbitration Clause With Notice. NBCUniversal may modify
these arbitration provisions, but such modifications shall only become
effective thirty (30) days after NBCUniversal 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.
10. 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 you have against NBCUniversal 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.
27. Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that
Arbitration is Prohibited by Law
This Section 27 applies to non-US Residents, where applicable law prohibits
arbitration of disputes in accordance with Section 26.
1. Section 27 disputes. If any controversy, allegation, or claim (including any
non-contractual claim) arises out of or relates to the online services, the
Content, these Terms of Service, whether heretofore or hereafter arising or
to any of NBCUniversal’s actual or alleged intellectual property rights
(collectively, a “Section 27 Dispute”), then you and we agree to send a
written notice to the other providing a reasonable description of the
Section 27 Dispute, along with a proposed resolution of it. Our notice to
you will be sent to you based on the most recent contact information that
you provide us. But if no such information exists or if such information is
not current, then we have no obligation under this Section 27(a). Your
notice to us must be sent to: By mail:
Gillian M. Lusins
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: dmca.agent@nbcuni.com
For a period of sixty (60) days from the date of receipt of notice from the
other party, NBCUniversal and you will engage in a dialogue in order to
attempt to resolve the Section 27 Dispute, though nothing will require
either you or NBCUniversal to resolve the Section 27 Dispute on terms with
respect to which you and NBCUniversal, in each of our sole discretion, are
not comfortable.
2. Jurisdiction. The parties agree that the state or federal courts in New York
shall have non-exclusive jurisdiction of any Section 27 Dispute.
3. Governing Law. To the maximum extent permitted by the mandatory laws in your
country of residence, these Terms of Service and any Section 27 Dispute
arising out of or in connection with it 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 of New York without
regard to its conflicts of law provisions, without regard to its conflicts
of law provisions.
4. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IF YOU OR WE WANT TO ASSERT A SECTION 27 DISPUTE AGAINST THE OTHER,
THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH
IN SECTION 27(a) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 27
DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
5. Injunctive Relief. The foregoing provisions of this Section 27 will not
apply to any legal action taken by NBCUniversal 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, your User Content and/or NBCUniversal’s intellectual property
rights (including such NBCUniversal may claim that may be in dispute),
NBCUniversal’s operations, and/or NBCUniversal’s products or services.
28. Member Disputes
You are solely responsible for any interaction with other members or visitors to
the online services, and NBCUniversal reserves the right, but shall have no
obligation, to monitor disputes between you and any other member of
NBCUniversal.
29. 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 Updated on Feb 28, 2011
30. General
1. Applicable law. These Terms of Service, any Additional Terms and the
relationship between you and NBCUniversal shall be governed by the laws of
the U.S. and the State of New York without regard to its conflicts of law
provisions.
2. Venue. Subject to the arbitration provisions above, and other than small
claims actions as permitted therein, any action or proceeding arising from,
relating to or in connection with these Terms of Service will be brought
exclusively in the federal or state courts located in New York, 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.
3. No Waiver. No failure or delay by NBCUniversal in exercising any right,
power or privilege under these Terms of Service 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 Terms of Service.
4. Severability. Unless otherwise expressly provided herein, the invalidity or
unenforceability of any provision of these Terms of Service will not affect
the validity or enforceability of any other provision, all of which will
remain in full force and effect.
5. Limited Time to File Claims. You agree that regardless of any statute or law
which establishes a different statute of limitations, to the maximum extent
permitted under applicable law, any claim or cause of action (including any
arbitration) arising out of, related to or connected with the use of the
Site or other online services, or these Terms of Service, our Privacy
Policy, or other NBCUniversal Transactions or Relationships must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
6. Paragraph and Section Titles are For Your Convenience. The paragraph or
section titles in these Terms of Service are for convenience only and have
no legal or contractual effect.
7. This is the Entire Agreement. These Terms of Service 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.
8. Assignment. These Terms of Service are binding upon and shall ensure 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 NBCUniversal’s prior
written consent.
31. Terms Applicable For Apple iOS
If you are accessing or using the online services through an Apple device, the
following additional terms and conditions are applicable to you and are
incorporated into the Terms of Service by this reference:
1. To the extent that you are accessing the online services through an Apple
device, you acknowledge that these Terms of Service are entered into between
you and NBCUniversal and, that Apple, Inc. (“Apple”) is not a party to these
Terms of Service other than as third-party beneficiary as contemplated
below.
2. The license granted to you in Section 2 of these Terms of Service is subject
to the permitted Usage Rules set forth in the App Store Terms (see:
http://www.apple.com/legal/itunes/us/terms.html) and any third party terms
of agreement applicable to the online services.
3. You acknowledge that NBCUniversal, and not Apple, is responsible for
providing the online services and Content thereof.
4. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance or support services to you with respect to the online services.
5. To the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the online services.
6. Notwithstanding anything to the contrary herein, and subject to the terms in
these Terms of Service, you acknowledge that, solely as between Apple and
NBCUniversal, NBCUniversal and not Apple is responsible for addressing any
claims you may have relating to the online services, or your possession
and/or use thereof, including, but not limited, to: (i) product liability
claims, (ii) any claim that the online services fail to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. As set forth under these Terms
of Service in Sections 13, 14 and 15, NBCUniversal’s liability to you for
use of the online services is greatly limited.
7. Further, you agree that if the online services, or your possession and use
of the online services, infringes on a third party’s intellectual property
rights, you will not hold Apple responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement
claims.
8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of these Terms of Service, and that, upon your
acceptance of the terms and conditions of these Terms of Service, Apple will
have the right (and will be deemed to have accepted the right) to enforce
these Terms of Service against you as a third-party beneficiary thereof.
9. When using the online services, you agree to comply with any and all
third-party terms that are applicable to any platform, website, technology
or service that interacts with the online services.
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COOKIE NOTICE
This Cookie Notice (“Notice”) explains how NBCUniversal and its affiliates
(“NBCUniversal” or “we”), along with our partners, including advertisers and
vendors, use cookies and similar tracking technologies when you use our
websites, applications, such as games, interactive TV, voice-activated
assistants, and other services that link to this policy, as well as connected
devices, including those used in our theme parks (“Services”). This Notice
provides more information about these technologies, your choices, and is part of
the NBCUniversal Privacy Policy available here. You should read the Privacy
Policy and this Notice for a full picture of NBCUniversal’s use of your
information.
WHAT ARE COOKIES AND HOW ARE THEY USED?
Like many companies, we use cookies (small text files placed on your computer or
device) and other tracking technologies on the Services (referred to together
from this point forward as “Cookies”, unless otherwise stated), including HTTP
cookies, HTML5 and Flash local storage/flash cookies, web beacons/GIFs, embedded
scripts, ETags/cache browsers, and software development kits.
First-party Cookies
First-party Cookies are placed by us (including through the use of third-party
service providers) and are used to allow you to use the Services and their
features and to assist in analytics activities.
Third-party Cookies
Certain third parties may place their Cookies on your device and use them to
recognize your device when you visit the Services and when you visit other
websites or online services. These third parties collect and use this
information pursuant to their own privacy policies. Third-party Cookies enable
certain features or functionalities, and advertising, to be provided on the
Services.
Types of Cookies
The Services use the following types of first and third-party Cookies for these
purposes:
Strictly Necessary Cookies: These Cookies are required for Service
functionality, including for system administration, security and fraud
prevention, and to enable any purchasing capabilities. You can set your browser
to block these Cookies, but some parts of the site may not function properly.
Information Storage and Access: These Cookies allow us and our partners to store
and access information on the device, such as device identifiers.
Measurement and Analytics: These Cookies collect data regarding your usage of
and performance of the Services, apply market research to generate audiences,
and measure the delivery and effectiveness of content and advertising. We and
our third-party vendors use these Cookies to perform analytics, so we can
improve the content and user experience, develop new products and services, and
for statistical purposes. They are also used to recognize you and provide
further insights across platforms and devices for the above purposes.
Personalization Cookies: These Cookies enable us to provide certain features,
such as determining if you are a first-time visitor, capping message frequency,
remembering choices you have made (e.g., your language preferences, time zone),
and assist you with logging in after registration (including across platforms
and devices). These Cookies also allow your device to receive and send
information, so you can see and interact with ads and content.
Content Selection and Delivery Cookies: Data collected under this category can
also be used to select and deliver personalized content, such as news articles
and videos.
Ad Selection and Delivery Cookies: These Cookies are used to collect data about
your browsing habits, your use of the Services, your preferences, and your
interaction with advertisements across platforms and devices for the purpose of
delivering interest-based advertising content on the Services and on third-party
sites. Third-party sites and services also use interest-based Advertising
Cookies to deliver content, including advertisements relevant to your interests
on the Services and third-party services. If you reject these Cookies, you may
see contextual advertising that may be less relevant to you.
Social Media Cookies: These Cookies are set by social media platforms on the
Services to enable you to share content with your friends and networks. Social
media platforms have the ability to track your online activity outside of the
Services. This may impact the content and messages you see on other services you
visit.
We and third parties may associate Measurement And Analytics Cookies,
Personalization Cookies, Content Selection, Delivery Cookies, and Reporting, Ad
Selection, Delivery and Reporting Cookies, and Social Media Cookies with other
information we have about you.
COOKIE MANAGEMENT
Depending on where you live, you may be able to adjust your Cookie preferences
at any time via the “Cookie Settings” link in the footer of relevant websites.
You can also use the methods described below to manage Cookies. You must take
such steps on each browser or device that you use. If you replace, change or
upgrade your browser or device, or delete your cookies, you may need to use
these opt-out tools again. As some Cookie-management solutions also rely on
Cookies, please adjust your browser Cookie settings carefully, following the
relevant instructions below.
Browser Controls: You may be able to disable and manage some Cookies through
your browser settings. If you use multiple browsers on the same device, you will
need to manage your settings for each browser. Please click on any of the below
browser links for instructions:
Google Chrome
Apple Safari
Mozila Firefox
Microsoft Internet Explorer
If the browser you use is not listed above, please refer to your browser’s help
menu for information on how to manage Cookies. Please be aware that disabling
cookies will not disable other analytics tools we may use to collect information
about you or your use of our Services.
Analytics Provider Opt-Outs: To disable analytics Cookies you can use the
browser controls discussed above or, for some of our providers, you can use
their individual opt-out mechanisms:
Google’s Privacy Policy and Google Analytics Opt-Out
Omniture’s Privacy Policy and Omniture’s Opt-Out
Mixpanel’s Privacy Policy and Mixpanel’s Opt-Out
The above are examples of our analytics providers and this is not an exhaustive
list. We are not responsible for the effectiveness of any other providers’
opt-out mechanisms.
Flash Local Storage: These cookies are also known as local shared objects and
may be used to store your preferences or display content by us, advertisers and
other third-parties. Flash cookies need to be deleted in the storage section of
your Flash Player Settings Manager.
Interest-Based Advertising: Most third-party advertisers offer a way to opt out
of their interest-based advertising. For more information or to opt out of
receiving interest-based advertising from participating third-party advertisers,
depending on your country of residence, please visit:
Digital Advertising Alliance in the US
Digital Advertising Alliance of Canada
European Interactive Digital Advertising Alliance
Australian Digital Advertising Alliance
You can also opt out of some of the advertising providers we use by visiting
their opt-out pages:
Google’s Privacy Policy and Google Analytics Opt-Out Page
Facebook Privacy Policy and Facebook’s Opt-Out Page
Twitter Privacy Policy and Twitter’s Opt-Out Page
Liveramp’s Privacy Policy and Liveramp Opt-Out Page
These are examples of our advertising providers and this is not an exhaustive
list. In addition, we are not responsible for the effectiveness of any of these
providers’ opt-out mechanisms.
After you opt out, you will still see advertisements, but they may not be as
relevant to you.
Mobile Settings: You may manage the collection of information for interest-based
advertising purposes in mobile apps via the device’s settings, including
managing the collection of location data. To opt out of mobile ad tracking from
Nielsen or other third parties, you can do so by selecting the “Limit Ad
Tracking” (for iOS devices) or “Opt out of Ads Personalization” (for Android
devices) options in your device settings.
Connected Devices: For connected devices, such as smart TVs or streaming
devices, you should review the device’s settings and select the option that
allows you to disable automatic content recognition or ad tracking. Typically,
to opt out, such devices require you to select options like “limit ad tracking”
or to disable options such as “interest-based advertising,” “interactive TV,” or
“smart interactivity”. These settings vary by device type.
Cross-Device Tracking: If you would like to opt out of our browser-based
cross-device tracking for advertising purposes, you may do so by using the
various methods described above. You must opt out separately on each device and
each browser that you use. For more information about cross-device matching,
please visit the Network Advertising Initiative or the Digital Advertising
Alliance. If you opt out of cross-device tracking for advertising purposes, we
may still conduct cross-device tracking for other purposes, such as analytics.
Consequences of Deactivation of Cookies: If you disable or remove Cookies, some
parts of the Services may not function properly. Information may still be
collected and used for other purposes, such as research, online services
analytics or internal operations, and to remember your opt-out preferences.
CONTACT US
For inquiries about this Cookies Notice, please contact us at Privacy@nbcuni.com
or Chief Privacy Officer, NBCUniversal Legal Department, 30 Rockefeller Plaza,
New York, NY 10112, US.
For inquiries from users who reside in the European Economic Area, the United
Kingdom or Switzerland, please contact us at Privacy@nbcuni.com or Privacy,
Legal Department, Central Saint Giles, St Giles High Street, London, WC2H 8NU,
UK
CHANGES TO THIS NOTICE
This Notice may be revised occasionally and in accordance with legal
requirements. Please revisit this Cookie Notice regularly to stay informed about
our and our analytic and advertising partners’ use of Cookies.
STRICTLY NECESSARY COOKIES
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These Cookies are required for Service functionality, including security and
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