Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SITE YOU
AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS
OF SERVICE, PLEASE DO NOT ACCESS THE SITE.
These Terms of Service (the "Terms of Service") apply to the
websites operated by NBC Owned Television Stations, a division of
NBC Universal, Inc. (“NBCU” or “We”), including NBCNewYork.com,
NBCChicago.com, NBCWashington.com, NBCMiami.com, NBCDFW.com,
NBCPhiladelphia.com, NBCConnecticut.com, NBCBayarea.com,
NBCSandiego.com, NBCLosAngeles.com as well as TheFeast.com
(including all of it’s cities under TheFeast.com. and other blogs
and microsites, such as NYThread, Niteside, PopcornBiz, Want This
(together, the “Site or Sites”), including all means by which NBC
Owned Television Stations provides content or services from these
Sites to you or receives content from you, such as accessing the
Sites online, downloadable software applications, delivery of NBC
Owned Television Stations content to you at your request, mobile
versions of the Sites, mobile downloadable applications, services
that allow you to submit content to NBC Owned Television Stations,
blog submission services, RSS feeds, widgets or other embedding
technologies, podcasts, chat rooms and message boards (“Service or
Services”). Many of the Services may currently be accessed via the
Site.
These Terms of Service are a license that governs your use of the
Services, including your use of content from the Site and the
Services and your interaction with the Site, including your
participation in user forums or any other interactive features. In
addition to these Terms of Service, there may be special terms,
licenses or registration requirements for certain Services, for
example you may be asked to accept end user license agreements for
mobile applications, to register for contests and sweepstakes or to
create a profile, to create lists or reviews, or otherwise register
or accept licenses in order to access other features or activities.
These additional terms or licenses will be posted in connection with
the applicable Service, are in addition to these terms of service,
and to the extent they conflict with this terms of service, govern
access to or use of that particular Service.
NBC Owned Television Stations may modify these Terms of Service from
time to time in its sole discretion. Each time you use access the
Sites or Services or Content from the Sites via the Services you
will be deemed to have accepted any changes to these Terms of
Service. NBC Owned Television Stations shall have no obligation to
notify you of any such changes other than posting such modifications
on the Site, but we reserve the right (at our discretion) to provide
you notice of such changes to any e-mail address you have provided
to NBC Owned Television Stations.
1. Ownership and License for the Sites and Services
The Sites and Service are owned and operated by NBCU and its
affiliated companies and contain material that is derived in whole
or in part from material supplied and owned by NBCU as well as third
parties (“Content”). We own the Sites, Services and all associated
Content, including but not limited to visual interfaces, interactive
features, graphics, design, compilation, computer code, products,
software, aggregate user review ratings, and all other elements and
components of the Site excluding content provided by users, and
Content licensed from third parties. We also own the copyrights,
trademarks, service marks, trade names, and other intellectual and
proprietary rights throughout the world (the "IP Rights") associated
with the Sites, Services and Content, which are protected by
copyright, trade dress, patent, trademark laws and all other
applicable intellectual and proprietary rights and laws. You
acknowledgeour valid intellectual property rights in the Content and
that this Terms of Service is a license to and governs your use of
the Sites, the Services and the Content. Your use of the Service is
limited to the access and viewing of Content for personal,
non-commercial purposes.
You may not either directly or through the use of any device,
software, internet site, web-based service or other means remove,
alter, bypass, avoid, interfere with, or circumvent (i) any
copyright, trademark, or other proprietary notices marked on the
Content, (ii) any digital rights management mechanism, device, or
other content protection or access control measure associated with
the Content including geo-filtering mechanisms, or (iii) any
advertisement inserted on the Site and/or within the Content.. You
may not either directly or through the use of any device, software,
internet site, web-based service or other means copy, download,
stream capture, reproduce, duplicate, archive, distribute, upload,
publish, modify, translate, broadcast, perform, display, sell,
transmit or retransmit the Content unless expressly permitted by NBC
Owned Television Stations in writing. You may not incorporate the
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. You may not
build a business, in whole or in part, utilizing any portion of the
Content, whether or not for profit. The Content covered by these
restrictions includes without limitation any text, graphics, layout,
interface, logos, photographs, audio and video materials, and
stills. In addition, you are strictly prohibited from creating
derivative works or materials that otherwise are derived from or
based on in any way on the Content, including montages, mash-ups and
similar videos, wallpaper, desktop themes, greeting cards, and
merchandise. This prohibition applies even if you intend to give
away the derivative materials free of charge.
To the extent that NBC Owned Television Stations makes Content
available to you via a widget, embedded player, rss feed 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 such
technology, or any advertisement delivered via such technology.
You are also prohibited from disabling, reverse engineering,
modifying, interfering with or otherwise circumventing any
technology to allow users to view the Content without: (i)
displaying visibly both the 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 the Content, including, without
limitation, all video quality and display functionality and all
interactive, elective or click-through advertising functionality.
ASSOCIATED PRESS MATERIALS NOTICE
The following provision applies to all visitors (which shall include
persons and representatives of legal entities, including, without
limitation, digital engines of a kind that crawl, index, scrape,
copy, store, or transmit digital content): By accessing this
website, you specifically acknowledge and agree that: (i) Associated
Press text, photo, graphic, audio, and/or video material
(collectively, “AP Material”) shall not be published, broadcast,
modified for broadcast or publication, or redistributed directly or
indirectly in any medium; (ii) No AP Material nor any portion
thereof may be stored on a computer except for personal,
non-commercial use; (iii) The Associated Press shall not be held
liable for any delays, inaccuracies, errors, or omissions in AP
Material or in the transmission or delivery of any part thereof or
for any damages arising there from or occasioned thereby; (iv) The
Associated Press is an intended third-party beneficiary of these
terms and conditions and may exercise all rights and remedies
available to it; and (v) The Associated Press reserves the right to
audit possible unauthorized commercial use of AP Material or any
portion thereof at any time.
2. Access to the Site and Availability of Services
This Site and the Services intended for use by users 13 years of age
or older who reside in the United States of America, its territories
and possessions ("U.S."). The Site contains Content and Services
(including, but not limited to, user registration, certain Content
and email alerts) that are subject to heightened age and/or other
eligibility requirements. By using or attempting to use the Site,
you certify that you are at least 13 years of age or other required
greater age for certain features and meet any other eligibility and
residency requirements of the Site.
NBC Owned Television Stations may change, suspend or discontinue any
aspect of the Site or Services at any time, including the
availability of any Site or portion of a Site or any Service. NBC
Owned Television Stations may impose limits or requirements (such as
registration) for the availability of certain Services or Content,
or restrict access to Services or Content without without notice or
liability.
You are responsible for any charges incurred in obtaining access to
the Site and the Services. The Sites and Services are currently
provided for free, although you may be given the opportunity to
purchase products or services through the Sites from NBC Owned
Television Stations or its partners. NBC Owned Television Stations
reserves the right to change the nature of this relationship at any
time.
3. Registration Rules and Requirements
Registration
Registration may be required to access certain Services or Content,
to post comments or reviews or to receive email alerts, RSS feeds or
other interactive or on demand Services. You agree to provide true,
accurate and complete information about yourself, and to update this
information when it changes. If you provide any information that is
untrue or inaccurate, not current, or incomplete, or if NBC Owned
Television Stations suspects that your information is untrue or
inaccurate, not current, or incomplete, NBC Owned Television
Stations may, in its sole discretion, suspend or terminate your
membership and/or access to certain Content or refuse current or
future access to the Service. Any personal information supplied
hereunder will be subject to the terms of our privacy policy. You
agree to promptly notify us at newsletters@nbcuni.com of any
unauthorized use of your username, password or other account
information that you become aware of relating to any NBC Owned
Television Stations Site or Service.
Passwords
Should NBC Owned Television Stations provide to you a password that
allows you to access certain parts of the Site or for the Services,
you will be solely responsible for maintaining the confidentiality
of the password and your account information, and are fully
responsible for all activities that occur under your password or
account. You agree that you will immediately notify NBC Owned
Television Stations of any unauthorized use of your password or
account, or any other breach of security, and that you will log off
of the Site or the Services at the end of each session to prevent
fraud on your account by third parties.
Communications from NBC Owned Television Stations
NBC Owned Television Stations may send you newsletters or other
communications. You have the option to unsubscribe from such emails.
With your permission, NBC Owned Television Stations may send you
e-mails on behalf of pre-screened third parties containing
promotional offers or opportunities that we believe may be of
interest to you. You may elect during registration to receive these
e-mails, and you may start or stop receiving such e-mails at any
time by sending an email to an account that shall be designated for
that purpose. NBC Owned Television Stations reserves the right to
send you emails regarding your account or emails containing service
updates or other communications relating to the operation of the
Site or Services.
4. Rules of Conduct for the Sites and Services
The following rules apply to all users of the Sites and Services and
are a condition of your use of and access to the Services. These
rules are in addition to the restrictions contained in Section 1,
above. You are responsible for the content of your communications
via the Services and any content or materials you post or otherwise
transmit or make available to others.
i. You may not use the Sites or Services to threaten, stalk, harass,
or advocate the harassment of another person or entity or otherwise
restrict or inhibit any other user from using and enjoying the Sites
and the Services or engage in disruptive activities online, such as
use of scripts, sound waves, scrolling (repeating the same message
over and over), or posting of content containing viruses, bots or
worms.
ii. You may not post or transmit or include in any review or comment
on a review or article, and NBC Owned Television Stations reserves
the right to immediately remove, any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without limitation, any
images or other material depicting nudity (including, without
limitation, images depicting persons with unclothed genitalia or
persons wearing transparent clothing over genitalia). Your reviews
and comments may not contain harassing or offensive language,
including sexual references, sexual nicknames, racial slurs, threats
of any kind, hate propaganda, hate mongering, swearing (including
masked vulgarity, such as “f*ck”), bullying or rude or deliberately
offensive comments.
iii. You may not engage in promotional or commercial activities,
spam, disseminate surveys or engage in any mass messaging or post in
comments or elsewhere, transmit or in any way exploit any
information, software or other material for commercial purposes or
that contains advertising, "junk mail," "spam," or "chain letters";
or solicit other users to join, become members of, or contribute
money to any online service or other organization, advocate or
attempt to get users to join in legal or illegal schemes or plan or
participate in scams involving other users.
iv. You may not impersonate any person or entity or falsely state or
otherwise misrepresent your professional or other affiliation with
any person or entity;
v. You may not post or transmit any content, including video, audio
and text content, software or other material that violates or
infringes the rights of any third party, including copyright,
trademark, patent, privacy or publicity rights;
vi. You may not encourage or provide content that contains
instructional information about illegal activities, in particular
accessing unauthorized copyrighted content, or that constitutes or
encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state,
national or international law;
vii. You may not use the Sites or Services to collect personally
identifying information about users of the Service in violation of
our Privacy Policy;
viii. You may not attempt to gain unauthorized access to other
computer systems or networks connected to the Sites or Services or
use the Sites or Services, the Materials or any information
contained therein for any unlawful purpose. NBC Owned Television
Stations, in its sole and absolute discretion, shall determine
whether any Materials you transmit or receive or your use of the
Service violates this provision. You may not use any Material in
connection with any site or other use that contains or is associated
with information or content prohibited by this section.
If you believe that any content on the Site or Services violates any
of the terms of this agreement, please click here. You may also
“flag” comments that you believe violate these Terms of Service. We
reserve the right to take or refrain from taking any and all steps
available to us once we receive any such message.
Personal Safety
When using the Service, please be certain that anything you say does
not compromise your personal safety. Do not provide your name, phone
number, postal or e-mail address, your password, or any other
personally identifying information to people you do not know. Do not
continue any conversation online that makes you feel uncomfortable.
Monitoring
NBC Owned Television Stations has no obligation to monitor the use
of the Sites or Services by members. You acknowledge and agree that
NBC Owned Television Stations reserves the right to, and may from
time to time, monitor any and all information transmitted or
received through the Sites or Services for operational and other
purposes. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes in accordance with our
Privacy Policy. Use of the Sites or Services constitutes consent to
such monitoring. Furthermore, NBC Owned Television Stations reserves
the right at all times to disclose any information in any User
Content posted on any portion of the Sites or 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 the sole and absolute discretion of NBC Owned
Television Stations are objectionable or in violation of these Terms
of Service.
5. User Content
Portions of the Sites or Services may provide you and other users an
opportunity to submit, post, display, transmit and/or exchange
information, ideas, opinions, photographs, images, video, creative
works or other information, messages, transmissions or material,
including your name and likeness, to us, the Site or Service or
others ("User Content”). By posting such User Content you represent
and warrant that it complies with these Terms of Service.
Original Content: Any User Content that you post or upload must be
either (a) an original work by you that does not copy or use other
works (such as dialogue from plays, recordings of musical works or
clips from other videos, television programs or motion pictures) or
(b) content for which you have all rights and permissions necessary
to grant the rights hereunder. In addition, your User Content must
not infringe or violate any rights of any third party or entity,
including, without limitation, copyright, trademark, defamation,
privacy, publicity, false light, idea misappropriation, intentional
or negligent infliction of emotional distress, or any contractual
rights. Before posting User Content, you must have all the rights,
licenses, permissions and consents necessary to submit the User
Content and to grant all of the rights that you have granted to NBCU
under these Terms of Service. Before you post content, you must have
the express consent of everyone who appears in the User Content to
submit the User Content for use, exhibition and other exploitation
in any manner and in any and all media, whether now existing or
hereafter discovered, throughout the world, in perpetuity. If you
submit an image of someone who is under 18 years of age who is not
your child, you must have the permission of that child's parent or
legal guardian.
Rights Granted to NBCU: By uploading or inputting User Content to
any NBC Owned Television Stations website you hereby acknowledge and
agree that you are granting NBCU (including without limitation, its
licensees, successors and assigns), the perpetual and irrevocable,
non-exclusive right and license to: (a) use, copy, create derivative
works from, reproduce, distribute, display, exhibit, host, cache,
store, “fingerprint” [through use of content recognition
technology], archive, index, categorize, comment on, tag, transmit,
broadcast, stream, edit, alter, modify, synchronize with visual
material, create algorithms based thereon, and transcode the User
Content to appropriate media formats, standards or mediums; and (b)
otherwise use, exhibit and exploit, and sell, license, assign and
otherwise transfer to third parties the right to use, exhibit and
otherwise exploit the User Content (in whole or in part and as
altered by NBCU in its sole discretion) throughout the world in
perpetuity, in any and all media, whether now existing or hereafter
devised, including, without limitation, on NBC Owned Television
Stations’s websites, on other websites, on the NBC Owned Television
Stations television stations, the NBC television network, and on all
owned and affiliated broadcast and cable networks, as well as in
connection with any distribution or syndication arrangement with
third parties or third party sites, in any media format or medium
and through any media channels and for any purpose, including,
without limitation, downloads, streams, in audio visual recordings,
motion pictures, television programs, productions, advertising,
promotion and publicity, including, without limitation, advertising,
promotion and publicity for the Site and the Services, as well as
the other websites and User Content produced by NBCU, and its parent
and affiliated companies, all without further notice to, consent
from or payment to you. You waive any and all "moral rights" you may
have in the Content.
Without in any way limiting the foregoing, you acknowledge and agree
that NBC Owned Television Stations, 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 NBCU 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 NBCU, 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 NBCU or any other person or
entity to exercise any of the rights granted by you under these
Terms of Service. NBCU and their successors, licensees and assigns,
will have the unlimited right to assign these Terms of Service and
the rights granted by you under these Terms of Service at any time,
in whole or in part, to any party.
You grant the rights hereunder whether or not your User Content or
any part thereof is actually used by NBC Owned Television Stations.
You acknowledge that your consideration for the rights you grant in
your User Content is the possibility that NBC Owned Television
Stations, its licensees, successors and/or assigns will review or
use your User Content. You will not receive any further compensation
of any kind for your User Content or the use thereof, and you agree
that NBCU, its licensees, successors and/or assigns in their sole
discretion, shall have the right to give you no credit or determine
in what form to give you credit for any use of your User Content.
Your User Content will not be acknowledged or returned. You
acknowledge and agree that your User Content is being sent
voluntarily, and not in confidence, and that no confidential
relationship is intended or created between NBCU, and/or any other
person or entity, on the one hand, and you, on the other hand, by
your submission of the User Content.
In addition to all of the legal and equitable rights and remedies
available to NBCU in connection with these terms or your User
Content, you acknowledge and agree that NBCU shall have the right,
in its sole discretion, not to post the User Content on any website,
to remove the User Content from any website on which it has been
posted, and not to use, exhibit or otherwise exploit your User
Content in any manner whatsoever.
No Rights Created by Submission:You recognize that other persons,
including NBCU or NBC Owned Television Stations’s own employees, may
have submitted to NBC Owned Television Stations or others, or made
public, or may in the future originate and submit, or make public,
materials that are similar or identical to your User Content. You
acknowledge and agree that NBCU, its licensees, successors and/or
assigns shall have the right to use such similar or identical
materials, and that you will not be entitled to any compensation
because of NBCU or its licensees', successors' and/or assigns' use
of such similar or identical materials. Nothing in these Terms of
Service, or your submission of the Content, shall be deemed to place
you in any different position from any other member of the public.
Use of Name and Likeness: By sending NBC Owned Television Stations
your User Content, you consent to the recording, use and reuse by
NBCU, its licensees, successors and assigns, of your voice, actions,
likeness, name, appearance, performance, biographical material, and
any other identifying information, including, without limitation,
any information contained in your User Content (collectively,
"Personal Elements"), as edited, altered, fictionalized or modified
by NBCU or NBC Owned Television Stations, in their 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 NBC Owned Television Stations, the NBCNewYork.com
website, or related websites, in and in connection with any
television programs and other productions, and in and in connection
with advertising, promotion and publicity. You acknowledge and agree
that NBCU, NBC Owned Television Stations, their licensees,
successors and assigns, may use all or any part of your Personal
Elements, and may make any changes that any of them may deem
necessary, in their sole discretion, including altering,
fictionalizing or modifying them regardless of whether or not you
are recognizable.
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 NBCU 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.
Chat Rooms, Message Boards and Other Interactive Features: Rules of
Conduct
While we 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 do not reflect the views
of NBC Owned Television Stations or NBCU, and NBCU does not have any
obligation to monitor, edit or screen any User Content, but may do
so in its sole discretion. Notwithstanding anything else in these
Terms of Service, NBC Owned Television Stations and NBCU should not
be seen as endorsing any User Content in any way. Neither NBC Owned
Television Stations nor NBCU, its respective officers, directors,
and employees, subsidiaries and/or affiliates shall be liable for
any User Content that is in violation of this Terms of Service. .
You acknowledge that anything you submit to NBC Owned Television
Stations is routed through NBCU’s servers and the Internet and that,
therefore, you have no expectation of privacy with regard to any
such submission. You acknowledge that the User Content on NBC Owned
Television Stations websites are postings for public and not private
communications. Please keep in mind that whenever you give out
personal information online, for example, via message boards or
chat, that information can be collected and used by people you don't
know. We cannot guarantee the security of any information you
disclose online; you make such disclosures at your own risk. (Users
under the age of 18 should be especially careful not to provide any
personally identifying information while using chat rooms or message
boards. As set forth above, users of chat rooms and message boards
must follow acceptable standards of behavior when posting messages
online.)
Liability for User Content: User Content posted through the Service
are provided by users like you who are unaffiliated with NBCU, and
the user providing each such Communication or Content is solely
responsible for the content thereof. This means that you, and not
NBCU, are entirely responsible for all Content and Communications
that you upload, post, email or otherwise transmit via the Service.
In using the Service or receiving e-mail messages from members
through the Service, you should not assume that such messages have
been reviewed by NBC Owned Television Stations or any other division
of NBCU, that such Communications contain correct information, or
that the persons posting such Content and Communications have
accurately identified themselves and/or their affiliation with any
third party. NBCU is not responsible for the User Content, accuracy
or opinions expressed on the Service, and NBC Owned Television
Stations and NBCU do not investigate, monitor or check for accuracy
or completeness User Content or Postings. You understand that by
using the Service, you may be exposed to Content and Communications
that are offensive, indecent, or objectionable. Under no
circumstances will NBCU be liable in any way for any Communication,
including, but not limited to, liability for any errors or omissions
in any Content or Communication, or for any loss or damage of any
kind incurred as a result of the use of any Content or Communication
posted, e-mailed, or otherwise transmitted via the Service.
6. Merchants
Your correspondence or business dealings with, or participation in
promotions of, merchants found on or through the Sites or 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. NBCU
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 Sites or Services.
7. Disclaimers
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO NBC Owned
Television Stations SITES OR SERVICES OR ANY THIRD PARTY SITES OR
SERVICES LINKED TO FROM ANY NBC Owned Television Stations SITE IS
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NBCU DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND
NONINFRINGEMENT. NBCU DOES NOT WARRANT THAT ANY CONTENT WILL BE
ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY NBC Owned Television Stations SITES,
SERVICES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NBCU DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM
AGAINST NBC Owned Television Stations OR NBCUWITH RESPECT TO CONTENT
AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT
CARD AND OTHER PERSONAL INFORMATION).
NBCU is not responsible for any incorrect or inaccurate Content
posted on the Service or in connection with NBC Owned Television
Stations Services, whether caused by Users of the Services or by any
of the equipment or programming associated with or utilized in the
Services. Profiles and reviews created and posted by users may
contain links to other websites. Inclusion of any linked website on
the Sites or Services does not imply approval or endorsement of the
linked website. When you access these third-party sites, you do so
at your own risk. NBCU takes no responsibility for third party
advertisements that are posted on or through the Sites or Services,
nor does it take any responsibility for the goods or services
provided by its advertisers. NBCU is not responsible for the
conduct, whether online or offline, of any User of our Sites or
Services. NBCU assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized
access to, or alteration of, any User Content. NBCU is not
responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of any email or
players due to technical problems or traffic congestion on the
Internet or on any of the Services or combination thereof, including
any injury or damage to Users or to any person's computer related to
or resulting from participation or downloading materials in
connection with the Services. Under no circumstances shall NBCU be
responsible for any loss or damage, including personal injury or
death, resulting from use of NBC Owned Television Stations Services,
from any Content posted on or through NBC Owned Television Stations,
or from the conduct of any Users of the Services, whether online or
offline.
8. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NBCU, ITS
LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE
RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS,
PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE
WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO
USE, ANY NBC Owned Television Stations SITE, SERVICE OR CONTENT, OR
(B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER
OF AN NBC Owned Television Stations SITE, SERVICE OR ANY OTHER
PERSON OR ENTITY, EVEN IF NBCU HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL NBCU’STOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU,
IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING
IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO
CIRCUMSTANCES SHALL NBCU, OUR LICENSORS OR LICENSEES, OR ANY OF THE
FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE
MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND
ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW.
9. Indemnification
You agree to defend, indemnify and hold harmless NBCU, 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 attorneys fees) arising out of or accruing
from (a) any material posted or otherwise provided by you that
infringes any copyright, trademark, trade secret, trade dress,
patent or other intellectual property right of any person or defames
any person or violates their rights of publicity or privacy, (b) any
misrepresentation made by you in connection with your use of the
Sites or Service; (c) any breach of any of the representation,
warranties or other terms or conditions relating to use of User
Content you supply (d) any non-compliance by you with the terms and
conditions of these Terms of Service; and (e) claims brought by
persons or entities other than the parties to these Terms of Service
arising from or related to your access and use of the Sites,
Services, including the information obtained through the Sites or
Service.
10. Termination
NBCU may, in its sole discretion, terminate your password, account
(or any part thereof) or use of any Sites or Services, or remove and
discard any User Content or communication transmitted by you, or
information stored, sent, or received via the Sites or Services
without prior notice and for any reason, including, but not limited
to: (i) permitting another person or entity to use your Registration
information to access a Site or Service, (ii) any other access or
use of the Site or Service except as expressly provided in these
Terms of Service, (iii) any violation of the terms and conditions of
these Terms of Service including the rules and regulations relating
to the use of, the Content, Sites or Services, (iv) tampering with
or alteration of any of the Content, Sites or Services. You may
terminate your registration by closing your Registration account,
and you may also provide thirty (30) days written notice by you to
by NBCU of your intent to terminate these Terms of Service.
Termination, suspension, or cancellation of these Terms of Service
or your access rights shall not affect any right or relief to which
NBCU may be entitled, at law or in equity. Upon termination of these
Terms of Service all rights granted to you will automatically
terminate and immediately revert to NBCU and its licensors and all
rights granted by you to NBCU shall survive in perpetuity.
11. Minors
If you have agreed to allow your minor child, or a child for whom
you are legal guardian (a "Minor"), to use the Sites or the
Services, you agree that you shall be solely responsible for: (a)
the online conduct of such Minor; (b) monitoring such Minor's access
to and use of the Services; and (c) the consequences of any use of
the Services by such Minor. Children under the age of 13 may not
register for any Service hereunder. At various places on the Sites
or Services, we ask whether users are under the age of 18 or 13. NBC
Owned Television Stations relies on our users to be truthful in
responding to these questions. If a user does not identify his/her
proper age, we will have no way of verifying actual age with respect
to our privacy policy.
12. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, NBC Owned
Television Stations 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
http://www.netparents.org/. To view information on our policy
regarding the privacy of children under the age of 13, please see
our privacy policy.
13. Infringement Policy
NBC Owned Television Stations, 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 Sites or the 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. NBC Owned Television
Stations accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials. In
addition, pursuant to 17 U.S.C. Section 512(c), NBC Owned Television
Stations has implemented procedures for receiving written
notification of claimed infringements and for processing such claims
in accordance with the Act. All claims of infringement must be
submitted to NBC Owned Television Stations in a written complaint
that complies with the requirements below and is delivered to our
designated agent to receive notification of claimed 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:
A. A physical or electronic signature of a person authorized to act
on behalf of (1) the owner of an exclusive right that is allegedly
infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site. Similarly, for materials that are defamatory or
infringe patent, trademark, or other proprietary rights of a third
party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing,
to be the subject of infringing activity, or that is claimed to be
defamatory and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to
locate the material.
D. Information reasonably sufficient to permit us to contact you,
such as your address, telephone number, and/or electronic mail
address.
E. A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed or on behalf of the person defamed.
14. Modification
NBCU reserves the right, in its sole discretion, to amend these
Terms of Service, and to modify, add or discontinue any aspect,
content, or feature of the Sites or the Services. Such amendments,
modifications, additions or deletions shall become effective upon
notice thereof, which may be provided to you by posting on the
Service, via e-mail or any other reasonable means. Continued use of
the Sites and/or Services by you shall constitute your binding
acceptance of any such amendments, modifications, additions or
deletions.
15. Export Control
Unless otherwise specified, the materials on the Sites and Services
are presented solely to provide information regarding and to promote
NBC Owned Television Stations’s Services and other products
available in the United States, its territories, possessions and
protectorates. The Sites and Services are controlled and operated by
NBC Owned Television Stations from its offices within the State of
New York, United States of America. NBC Owned Television Stations
makes no representation that materials on the Service are
appropriate or available for use outside the United States. Those
who choose to access the Sites and Services from outside the United
States 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 Sites and Services are further subject
to United States 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 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.
16. Miscellaneous
This Agreement shall be governed by and construed in accordance with
the laws of the State of New York without giving effect to any
principles of conflicts of law. Although you acknowledge that we
will have the ability to enforce our rights in any court of
competent jurisdiction, you hereby consent to the exclusive
jurisdiction and venue of courts in New York, New York, U.S.A.,
regarding any and all disputes relating to these Terms of Service or
your use of the Sites and Services. You acknowledge and agree that
the warranty disclaimers and liability and remedy limitations in
these Terms of Service are material terms of these Terms of Service
and that they have been taken into account in the decision by NBC
Owned Television Stations to provide the Sites and Services
hereunder. You may not assign any of your rights, obligations or
privileges hereunder without the prior, written consent of NBCU. Any
assignment of the foregoing other than as provided for in this
section shall be null and void, ab initio. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms of
Service, shall be enforced to the fullest extent allowed by law as
to effect the intention of the parties, and shall not affect the
validity and enforceability of any remaining provisions. These Terms
of Service and any posted operating rules constitute the entire
agreement of the parties with respect to the subject matter hereof,
and supersede all prior or contemporaneous communications and
proposals, whether oral or written, between the parties with respect
to such subject matter. No waiver of any provision or any right
granted hereunder will be effective unless set forth in a written
instrument signed by the waiving party. No waiver by either party of
any breach or default hereunder shall be deemed a waiver of any
subsequent breach or default. You agree not to reproduce, duplicate,
copy, sell, resell, or exploit for any commercial purposes, any
portion of the Service or access to the Service. The titles and
subtitles used in these Terms of Service are used for convenience
only and are not to be considered in construing or interpreting
these Terms of Service.
17. Mediation/Arbitration
PLEASE READ CAREFULLY. UNDER THIS SECTION 19, YOU ARE GIVING UP YOUR
LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM
ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR
SUBMISSION. IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING
TO THESE TERMS OF SERVICE, THE BREACH OF ANY TERM HEREOF OR YOUR
SUBMISSION CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES
AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY
MEDIATION CONDUCTED IN THE COUNTY OF NEW YORK AND ADMINISTERED BY
JAMS UNDER ITS APPLICABLE RULES, BEFORE COMMENCING ANY PROCEEDINGS
PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT
OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET
FORTH ABOVE, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY
BINDING ARBITRATION CONDUCTED IN THE COUNTY OF NEW YORK, AND
ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION
RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING THE
OPTIONAL APPEAL PROCEDURE (THE "JAMS RULES"). THE JAMS RULES FOR
SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE
ARBITRATOR SHALL BE AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT
INDUSTRY AND LICENSED TO PRACTICE LAW IN NEW YORK OR A RETIRED
JUDGE. ANY APPELLATE PANEL SHALL CONSIST OF THREE NEUTRAL MEMBERS,
SUBJECT TO THE FOREGOING REQUIREMENTS. ALL ARBITRATION PROCEEDINGS,
INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, AND THE
FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE CONFIDENTIAL.
THE ARBITRATOR'S DECISION SHALL BE CONTROLLED BY THE TERMS OF THESE
TERMS OF SERVICE. UPON CONCLUSION OF ANY ARBITRATION PROCEEDINGS
HEREUNDER, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND
REASONS FOR ANY DECISION HE OR SHE HAS REACHED AND SHALL DELIVER
SUCH DOCUMENTS TO EACH PARTY TO THE ARBITRATION ALONG WITH A SIGNED
COPY OF THE AWARD. ANY JUDGMENT UPON AN AWARD RENDERED BY AN
ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT IN THE
COUNTY OF NEW YORK, NEW YORK HAVING JURISDICTION OF THE SUBJECT
MATTER HEREOF. YOU MAY COMMENCE AN ACTION AT LAW FOR THE SOLE
PURPOSE OF ENFORCING AN ARBITRATION AWARD. WITHOUT IN ANY WAY
LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE ANY RIGHT TO SEEK
INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST NBC Owned Television
Stations, NBCU, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, ITS
LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF
ANY USE OR NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING,
YOU ACKNOWLEDGE THAT NBCU MAY NONETHELESS (1) SEEK TO OBTAIN
INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE
PROVISIONS OF THESE TERMS OF SERVICE, AND (2) BRING AN ACTION TO
ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH
JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING
PURSUANT TO THESE TERMS OF SERVICE WITHIN SIX MONTHS AFTER THE DATE
ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD
SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE
PURSUANT TO THESE TERMS OF SERVICE WITH RESPECT TO ANY CLAIM AGAINST
YOU.
18. Member Disputes
You are solely responsible for any interaction with other members or
visitors to the Sites or Services, and NBC Owned Television Stations
reserves the right but shall have no obligation to monitor disputes
between you and any other member of NBC Owned Television Stations.
19. Notice for California Users
Under California Civil Code Section 1789.3, California users of NBC
Owned Television Stations Sites and 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 July 8, 2011