This is the terms of service for the NBC Olympics website, which is brought to you by NBC Olympics, Inc., an NBC Universal, Inc. company (“NBC Olympics”, “we” or “our”). This terms of service applies to your access and use of content from www.NBCOlympics.com (“Site”) in any form and applies to all means by which you access the Site, including downloadable widgets, the NBC Olympics iPhone or other mobile phone applications, RSS feeds or any other application (“Services’). These terms of service are a license that governs your use of content from the Site and the Services (“Content”), and your interaction with the Site, including your participation in user forums or any other interactive features. In addition to this terms of service, there may be special terms or registration requirements for certain Services, for example access to certain “Live” or “on-demand” streaming Olympics related Content, contests and sweepstakes or other features or activities. These terms 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 Olympics may modify these terms of service from time to time in its sole discretion. Each time you use access the Site or Content from the Site via the Services you will be deemed to have accepted any such changes. NBC Olympics 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 Olympics.
1. Access to the Site
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.
2. Registration and Availability of Services
While many parts of the Site and various types of Content are available without registration or subscription, there are certain requirements for and limitations to access to certain streaming and on demand NBC Olympics content.
Streaming and On Demand Content: Access to portions of NBC Olympics live streaming and on-demand Site content (“Premium Content”) is available only to users in the United States who currently: (i) receive video service from a cable, satellite or IPTV provider that has partnered with NBC Olympics (each a “Distribution Partner”) and (ii) subscribe to a level of video service required by their Distribution Partner. To access Premium Content, when you go to the Site, click on the link to access Live or On-Demand Content. Depending on your Distribution Partner, NBC Olympics will send either send you to your Distribution Partner’s website to verify your account information, or you will provide your account information to NBC Olympics, and we will work with your Distribution Partner to verify your account information. Once your account information is verified, NBC Olympics will (i) place a cookie on your computer’s hard drive that will allow us to recognize your computer when it returns to the Site so that you may easily access the Premium Content, and (ii) create a login and password so that you may access the Premium Content on up to eight (8) devices. If you do not have a current subscription with a Distribution Partner, you cannot obtain access to Premium Content. NBC Olympics receives verification of eligibility for Premium Content from the Distribution Partner. Any disputes regarding verification of your cable, satellite or IPTV subscription status and your eligibility to obtain access to Premium Content must be resolved by you and your Distribution Partner. Your login and password will only allow you access to the Premium Content on eight (8) devices, and those devices must be logged into an internet service provider located in the United States. While Premium Content may be accessed on up to eight devices, you are limited to up to five “live” streams of Premium Content at any given time. Attempts to access Premium Content from unauthorized computers or devices or from outside the United States and use of Premium Content by you or anyone with access to your account for other than permitted personal, non-commercial personal uses may result in suspension or termination of your access to Premium Content.
Registration For Alerts: If you wish to receive ALERTS featuring breaking news and information from NBC Olympics via your email address or mobile phone, you must enter a valid email address and/or mobile telephone number. You will then receive an email or text message with required instructions to confirm your interest in receiving the selected ALERT. You will also be asked if you wish to receive emails from NBC Olympic’s partner Universal Sports. If you do not wish to receive emails from Universal Sports, please uncheck the box on that registration page. If you register for Alerts to be received on your mobile phone, you acknowledge, understand and agree that you will be charged by your wireless carrier for all messages sent to the user from NBC Olympics. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will NBC Olympics, its parent company, distributors or affiliates be responsible for any wireless email or text messaging charges incurred by a you or by a person that has access to a your wireless device, telephone number, or email address.
Commenting on the Site: In order to comment or participate in user forums or other portions of the Site that allow for users to comment, you will be asked to enter a screen name and user email address. You will then receive an email address asking you to verify that you wish to comment. You do not have to use your real name for your screen name, but you must provide a valid email address.
No Obligation to Provide Services: NBC Olympics may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Service, feature or content, including all or portions of the Premium Content. NBC Olympics may also impose limits on certain Services or restrict access to parts or all of the Services without notice or liability.
Termination at Will: NBC Olympics may terminate your use of the Site or of any Service and may suspend your access to any Service or portion of the Site for failure to abide by these obligations, at any time and also for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
3. Rules for Use of Services, Permitted User Conduct, Monitoring of Site Certain areas of the Site may allow you to post Content or interact with NBC Olympics or other users in a manner that can be accessed and viewed by other Site users. You may only post Content that you created or that you have permission to post. You may not submit or transmit any material, or otherwise engage in any conduct that:
Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights,
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts,
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
Impersonates any person, business or entity, including NBC Olympics and its employees and agents,
Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network,
Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,
Violates these Terms of Service, guidelines or any policy posted on the Site,
Interferes with the use of the Site or the Services by others,
Is an advertisement, offers any product or service for sale or is otherwise intended to promote or generate revenue for any business enterprise or commercial activity.
Uses the Services in a manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and the Services, or attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
You acknowledge that anything you submit to NBC Olympics for posting on the Site is routed through NBC Olympic's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Content you post on the Site 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.
Blog comment features and other user forums are provided on the Site and the Services for the purpose of exchanging views and information about sports and Olympics related television programming. NBC Olympics reserves the right to terminate the account or suspend the posting privileges of anyone who posts materials unrelated to these topics.
You are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. In using the Services or receiving e-mail messages from members through the Services, you should not assume that such messages have been reviewed by NBC Olympics, that they contain correct information, or that the persons posting such Content have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will NBC Olympics be liable in any way for any communication, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via the Service.
4. Ownership of Content and Permitted Uses, License to User Content
The Site contains Content from many sources, including NBC Olympics, the International Olympics Committee and the United States Olympic Committee, as well as from users who lawfully post Content such as text, messages, information and images on the Site and/or the Services. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. The Site and Services feature registered and unregistered trademarks and service marks, and the look and feel of our color combinations, button shapes, and other graphical elements on the Site are also our trademarks.
You acknowledge our valid intellectual property rights in the Content and that this Terms of Service is a license to and governs your use of the Site, the Services and the Content.
Your use of the service is limited to the access and viewing of Content on a streaming-only basis 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 any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. 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 Olympics 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. You may not build a business utilizing 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 Olympics makes Content available to you via a widget or other technology that allows you to embed Content to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion digital rights management mechanism, device, or other content protection or access control measure. This restriction includes, without limitation, 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.
Should you choose to post Content on the Site or submit Content to the Site and/or the Services, you will retain ownership of the Content, except to the extent it incorporates materials or elements owned by NBC Olympics or other Content owners. You grant NBC Olympics, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt, license and sublicense, and promote this Content in any medium. You will not be entitled to any revenue from these uses or receive any credit. Nothing in this Agreement obligates or may be deemed to obligate NBC Olympics or any other person or entity to exercise any of the rights granted by you under this Agreement. You acknowledge and agree that your Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between NBC Olympics and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the Content. To the extent you include your name or likeness, you also grant NBC Olympics the same rights to use your name and likeness in connection with the license you have granted to NBC Olympics to use your Content.
NBC Olympics shall have the right, in its sole discretion, not to post Content you have submitted on the Site, to alter, edit or modify Content (although you are not responsible for such alterations or modifications) and to remove Content from the Site.
5. Advertising and Links to Other Sites
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers") as a result of your use of the Site and the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
6. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Site or submitted via the Services infringes your copyright, you (or your agent) may send NBC Olympics a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NBC Olympics to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send NBC Olympics a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: NBC Olympics, 30 Rockefeller Plaza, New York, New York 10112, 212-664-444, firstname.lastname@example.org. NBC Olympics suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. 7.
Disclaimer of Warranties
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. NBC OLYMPICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Content that you have posted on the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, NBC OLYMPICS, ITS PARENT COMPANY, AFFILIATES, DISTRIBUTORS, DISTRIBUTION PARTNERS, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this terms of service may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have NBC Olympics, upon written notice from you to us, attempt to repair, correct or replace any deficient services under this terms of service, if repair, correction or replacement is not reasonably commercially practicable for NBC Olympics, to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that NBC Olympics assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or postings or for any failure or delay associated with any content or postings that you make, and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
You agree to indemnify and hold each of NBC Olympics, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this terms of service by you, or public posting of your Content. NBC Olympics reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with NBC Olympics in the defense of any such claim, action, settlement or compromise negotiations, as requested by NBC Olympics.
9. Applicable Law
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
NBC Olympics may assign its rights and obligations under these Terms of Service and upon such assignment NBC Olympics may be relieved of any further obligation hereunder. You represent to NBC Olympics that you have the authority to register with or visit the Site according to these Terms of Service.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of NBC Olympics, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
These Terms of Service shall be governed by, construed and enforced in accordance with the internal substantive laws of the State of New York, without giving effect to its conflicts of laws provisions, applicable to contracts made, executed and wholly performed in New York. By registering for or entering NBC Olympics, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
10. Export Control
The Service is controlled and operated by NBC Olympics from its offices within the state of New York, United States of America. NBC Olympics makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Site or use the 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 Service is further subject to United States export controls. No software from the Service 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.
The following provisions and links apply to certain third party Content made available on the Site. Agence France-Presse (“AFP”): “AFP stories shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. AFP news material may not be stored in whole or in part in a computer except for personal and non-commercial use. AFP will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service AFP does not obtain releases from subjects, individuals, groups or entities contained in its photographs, graphics or quoted in its texts. Further, that no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP photos or materials. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP stories, photos or graphics.”
Associated Press (AP): The terms and conditions relating to AP content can be found here: ap.org
DATED: As of January 28, 2010
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