Effective date October 9, 2013
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 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
Each time you access and/or use the online 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. More
We only grant you a limited revocable license to use the online service for your own non-commercial use subject to rules and limitations. More
Your use of our online 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
The online services (including the site) 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
- Digital Items, Subscriptions and Credits
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 [LINK]
You consent to our Privacy Policy and our practices detailed in it, including targeted advertising and the use of tracking technologies. More
Wireless carrier charges may apply to use of our online services via wireless networks or devices and geo-location details. More
Your use is subject to our rules. More
NBCUniversal may, but has no obligation to, monitor your use of the online services. More
You grant us a broad license to content you post on our online services. No confidential or fiduciary relationship is created by your posting on our online services. More
NBCUniversal is not responsible for your business dealings with merchants found on the online services. More
NBCUniversal’s online services are not designed for use by children. More
We disclaim warranties and provide the online services “As Is.” More
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
Our liability is limited. More
We are not responsible for third parties or their content, advertisement(s), apps or sites.
You agree to indemnify us for material posted by you. More
We may terminate your account, password or access in our sole discretion. More
You may not post content you do not own or control. More
You may link to our online services, subject to some basic rules. More
There are restrictions on the online services for those countries subject to U.S. export controls. More
You agree to arbitrate and waive jury trial and class actions. More
Non-US citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law. More
You are solely responsible for your communications with members or visitors to the online services. More
Residents of California are entitled to specific consumer rights information. More
These Terms of Service and additional terms posted on this site at each time of use apply to that use, prospectively. You agree to receive notice of updates via the site. More
You agree (a) to the applicable law; (b) venue; (c) there is no waiver; (c) to enforcement and interpretation of these Terms of Service; (d) to limited time to file claims; (e) to communications with us; and (f) not to assign or delegate your rights and obligations under these Terms of Use. More
There are some other things you should know if you are accessing or
using the online services through an Apple device. More
1. Acceptance of Terms of Service.
These Terms of Service (“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”), (the “Site”), games, interactive TV, and any other services, products and any related software or mobile applications offered by NBCUniversal (“online services”). Note that in some instances, both these Terms of Service and separate additional terms or licenses, guidelines, rules or terms of use 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.
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.
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 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 it available via frames or in-line links, or scrape or aggregate Content from the Site or online services. You may not build a business, in whole or in part, 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 Online Services.
The Site and online services are intended for use by users who reside in the U.S., 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 Use 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 without notice or liability.
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.
We may change, suspend or discontinue any aspect of the 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 advance notice or liability. 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.
You are responsible for any charges incurred in obtaining access to the
online services. The online services are currently provided for free,
although you
may be given the opportunity to purchase products or online services
through the Site from NBCUniversal. We reserve the right to change the
nature of this
relationship at any time.
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. You are solely responsible for
maintaining the
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.
5. You Agree to our Privacy Policy and Third Party Ads.
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 Technologies Policy[LINK],
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.
6. Wireless [and Location-Based] Features
(a) 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 service’s features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
(b) Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, 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. 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.
Location-Based Features . For online services on mobile (“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.
In addition, where any NBCUniversal Mobile App collects precise information about the location of your devices, it will be used to provide requested location services, and, depending on the particular Mobile App it may be used, amongst other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other non-NBCUniversal products exist today that may be used specifically for these purposes.
Please see our Privacy Policy to find out more about how to opt out of providing location information or contact.
(c) 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 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 some limited 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.
7. 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 paragraph 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.
- Don’t Damage Anyone’s Computer. 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. 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.
- 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 with any person or entity.
- No Criminal or Unlawful Conduct. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
- 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 once we become aware of any violation of these provisions.
8. Monitoring.
NBCUniversal may, but has no obligation to, monitor the use by You and
other end users of the online services. During monitoring, information
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.
9. User Content; Grant of Limited License.
If you post or upload any content to the online services (“User Content”), you hereby acknowledge and agree that you are granting NBCUniversal (including without limitation, its licensees, 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 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, 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, 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 our Site or any third party social network or website, by e-mail, text message or otherwise. 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.
Rules of Conduct When Using the 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 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. NBCUniversal is not
responsible for User
Content, accuracy or opinions expressed on the online services, and
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.
10. 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.
11. 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.
12. 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 SITE AND SERVICES ON AN “AS IS” AND “AS
AVAILABLE” BASIS. NBCUNIVERSAL, ITS AFFILIATES, AGENTS AND LICENSORS
(COLLECTIVELY, THE
“NBCUNIVERSAL PARTIES”) DISCLAIM 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
SITE OR OTHER
SERVICE 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. YOUR USE
OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK.
13. Exclusion of Damages.
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 PARAGRAPH 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.
14. 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’S 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 PROVISION WILL
ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS
EXCLUSIONS OF DAMAGES
OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
15.
We are Not Responsible For Third-Party Websites and
Content.
THE THIRD-PARTY WEBSITES LINKED TO OR FROM THE SITE OR SERVICES ARE NOT
CONTROLLED BY NBCUNIVERSAL. ACCORDINGLY, NBCUNIVERSAL MAKES NO
WARRANTIES OR
CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES AND WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH
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, YOUR
RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES
RELATING TO THE
USE OF THOSE SITES.
16.
Indemnification.
You agree to defend, indemnify and hold harmless NBCUniversal, its
parent and subsidiary companies and divisions, its affiliates and their
respective
directors, officers, employees and agents from and against any and all
claims, actions, suits or proceedings, as well as any and all losses,
liabilities,
damages, costs and expenses (including reasonable legal fees and costs)
arising out of or accruing from (a) 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, (b) any misrepresentation made by you in
connection with your use
of the online services; and (c) any breach of any of the
representation, warranties or other terms or conditions relating to use
of your User Content.
17.
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 (“Communication”) 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.
18.
Infringement Policy.
NBCUniversal respects the intellectual property of others, and we ask
our users to do the same. 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:
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:
19.
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 NBCUniversal or cause any other confusion, and (c) the links and
the content on your website do not portray NBCUniversal
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.
20.
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.
21.
Binding Arbitration of All Disputes. No Class Relief.
This Section 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 24 satisfies the “writing” requirement of the Federal
Arbitration Act. This Section 24 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 25 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 service, (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 Paragraph 24, provided, however, that in no event may such
Minimum Standards contravene or restrict the application of subpart (e)
or (i) below.
Furthermore, this Paragraph 24 shall not prevent any party from seeking
provisional remedies in aid of arbitration from a court of appropriate
jurisdiction. You further agree that:
a) 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”);
b) 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 Paragraph 24
hereof, including but not limited to any claim that all or any part of
these Terms of
Service is void or voidable;
c) 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.
d) 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;
e) 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;
f) Written Award.
The Arbitrator shall issue a written award supported by
a statement of decision setting
forth the Arbitrator’s complete determination of the dispute and the
factual findings and legal conclusions relevant to it (an “Award”).
Judgment upon the
Award may be entered by any court having jurisdiction thereof or having
jurisdiction over the relevant party or its assets;
g) 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;
h) 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
i) 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.
j) 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.
k) 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.
22.
Dispute Resolution For Non-US Residents Only if
a Tribunal Has Ruled That Arbitration is Prohibited by Law
This Section 22 applies to non-US Residents, where applicable law
prohibits arbitration of disputes in accordance with Section 24.
a) Section 22 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 22 Dispute”), then you and we
agree to send a written notice to the other providing a reasonable
description of
the Section 22 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 22(a). Your
notice to us
must be sent to:
By mail:
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 22 Dispute, though nothing will require either
you or NBCUniversal to resolve the Section 22 Dispute on terms with
respect to which
you and NBCUniversal, in each of our sole discretion, are not
comfortable.
b) Jurisdiction. The parties agree that
the state or federal courts in the County of New York, New York State
shall have non-exclusive
jurisdiction of any Section 22 Dispute.
c) Governing Law. To the maximum extent
permitted by the mandatory laws in your country of residence, these
Terms of Service and any
Section 22 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.
d) Limited Time to File Claims. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT
A SECTION 22 DISPUTE
AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF
WRITTEN NOTICE AS SET FORTH IN SECTION 22) WITHIN ONE (1) YEAR AFTER
DISCOVERY OF THE
SECTION 22 DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
d) Injunctive Relief. The foregoing
provisions of this Section 22 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.
23.
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.
24.
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
25.
Updates To Terms of Service.
These Terms of Service (or if applicable Additional Terms), in the form
posted at the time of your use of the applicable services to which it
applies,
shall govern such use (including transactions entered during such use).
AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER
THE SERVICE
MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE
UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY
OFFERED.
ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE 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 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
service (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 service 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] and the e-mail
you associated with
your account for notices, all of which you agree are reasonable manners
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.
26.
General
.
(a) 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.
(b) 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.
(c) 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.
(d) Severability; Interpretation.
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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) Connectivity. You
are responsible for obtaining and maintaining all devices and other
equipment and software, and all internet
service provider, mobile service, and other services needed for your
access to and use of the online service and you will be responsible for
all charges
related to them.
27.
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:
(a) 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.
(b) The license granted to you in Section 2 [LINK] 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.
(c) You acknowledge that NBCUniversal, and not Apple, is responsible
for providing the online services and Content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish
any maintenance or support services to you with respect to the online
services.
(e) To the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to the online
services.
(f) 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
NBCUniversal’s liability to you for use of the online services is
greatly limited.
(g) 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.
(h) 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.
(i) 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.
Return to Terms summary and navigation.
Recommended
Gillian M. Lusins
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: dmca.agent@nbcuni.com
Gillian M. Lusins
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: dmca.agent@nbcuni.com
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