NBCUWIDGETS.COM TERMS AND CONDITIONS OF USE
Welcome to the NBCUWIDGETS.COM web site. NBC Universal, its parent,
subsidiary and affiliated companies ("NBCU") maintain this site
("Site") for your personal entertainment, information, education,
and communication. Please feel free to browse the Site at any time;
however, by browsing this Site, you are subject to the terms and
conditions ("Terms and Conditions") of this Site. By accessing this
Site, you accept, without limitation or qualification, the following
Terms and Conditions. If you do NOT accept the Terms and Conditions,
then please discontinue your use of this Site.
TERMS AND CONDITIONS
Use of Site
NBCU reserves the right, in its sole discretion, to amend the Terms
and Conditions, and to modify, add or discontinue any aspect, content,
or feature of the Site. Such amendments, modifications, additions,
deletions shall become effective upon notice thereof, which may
be provided to you by posting on the Site, via e-mail or any other
means. Continued use of the Site by you shall constitute your binding
acceptance of any such amendments, modifications, additions or deletions.
The Site is owned and operated by NBCU and its affiliated companies
and contains material that is derived in whole or in part from material
supplied and owned by NBCU and other sources. Such material is protected
by copyright, trademark, and other applicable laws. You may not
modify, copy, reproduce, republish, upload, post, transmit, publicly
display, prepare derivative works based on, or distribute in any
way any material from the Site, including but not limited to text,
audio, video, code and software. During your visit, however, you
may download material displayed on the Site for non-commercial,
personal use only (provided that you also retain all copyright and
other proprietary notices contained on the materials). NBCU neither
warrants nor represents that your use of materials displayed on
the Site will not infringe rights of third parties not owned by
or affiliated with NBCU.
Disclaimer of Warranties
While NBCU uses reasonable efforts to include up to date information
in the Site, NBCU makes no warranties or representations as to its
accuracy, timeliness, reliability, completeness or otherwise. NBCU
has provided links and pointers to Internet sites maintained by
third parties ("Third Party Sites") and may from time to time provide
third party materials on the Site. Neither NBCU, its parent, subsidiary
companies, affiliates, or suppliers operate or control in any respect
the information, products or services on these Third Party Sites.
The content, materials, and products or services available in or
accessible through the Site are AS IS and, to the fullest extent
permissible pursuant to applicable law, NBCU DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF
DEALING. NBCU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH
MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR
ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS,
OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU
ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES
AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY
OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY
MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR
SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED
HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION
SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND
MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY
FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION
TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL NBCU,
ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE
SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED
IN OR OBTAINED THROUGH THE SITE, NBCU'S REMOVAL OR DELETION OF ANY
MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF NBCU OR ANY OF ITS SUBSIDIARY
COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. 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 NBCU, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES
OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER OF THE SITE.
Submissions
While we are always happy to hear from you, it is NBC Universal's
policy not to accept or consider creative materials, ideas, or suggestions
other than those we specifically request. This is to avoid any misunderstandings
if your ideas are similar to those we have developed independently.
Therefore, we must request that you do NOT send to us any original
creative materials such as screenplays, stories, original artwork,
etc. Any communication or material you do transmit to the Site by
electronic mail or otherwise will be treated as non-confidential
and non-proprietary. Anything you transmit or post shall be deemed
the property of and may be used by NBC Universal, or its affiliates,
for any purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting. Furthermore, NBC
Universal is free to use and shall be deemed to own, any ideas,
concepts, know-how, or techniques contained in any communication
you send to the Site for any purpose whatsoever, including, but
not limited to, developing, manufacturing and marketing products
using such information. Disclosure, submission, or offer of any
submissions to the Site shall constitute an assignment to NBCU of
all worldwide rights, titles, and interests in all copyrights and
other intellectual property rights in such submission. NBCU may
edit, copy, publish, distribute, translate, and otherwise use in
any medium any submission that you forward to NBCU and will own
exclusively all such rights, titles, and interest and shall not
be limited in any way in its use, commercial or otherwise, of the
submission. NBCU is and shall be under no obligation to: (1) maintain
any of your or any user's submissions in confidence; (2) to pay
to you or any user any compensation for any submissions; or (3)
to respond to any of your or any other user's submissions.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Site are registered and unregistered Trademarks
of NBCU and others. Nothing contained on the Site should be construed
as granting, by implication, estoppel, or otherwise, any license
or right to use any Trademark displayed on the Site without the
written permission of NBCU or such third party that may own the
Trademarks displayed on the Site. Your misuse of the Trademarks
displayed on the Site, or any other content on the Site, except
as provided in these Terms and Conditions, is strictly prohibited.
You are also advised that NBC will aggressively enforce its intellectual
property rights to the fullest extent of the law, including seeking
of criminal prosecution.
Merchants
Your correspondence or business dealings with, or participation
in promotions of, merchants found on or through the Site, 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 and/ 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 Site.
Chat Rooms / Message Boards/ Bulletin Boards
The Site 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 to us, the Site or others ("Post"
or "Postings"). Postings do not reflect the views of NBCU; and NBCU
does not have any obligation to monitor, edit, or review any Postings
on the Site. NBCU assumes NO responsibility or liability arising
from the content of any such Postings nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity,
danger, or inaccuracy contained in any information within such Postings
on the Site. You are strictly prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material that could constitute
or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law. NBCU
will fully cooperate with any law enforcement authorities or court
order requesting or directing Universal to disclose the identity
of anyone posting any such information or materials.
Indemnification
You agree to indemnify, defend and hold NBCU and its parent, affiliates,
and their respective officers, directors, owners, employees, agents,
information providers and licensors (collectively the "Indemnified
Parties") harmless from and against any and all claims, liability,
losses, actions, suits, costs and expenses (including attorneys'
fees) arising out of or incurred by any breach by you of these Terms
and Conditions. NBCU reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to
cooperate with NBCU's defense of such claim.
Registration
Should NBCU choose to provide member-based services ("Services")
on the Site, when you register to use these Services, you may be
required to provide certain personally identifiable information
about yourself. You agree to provide true, accurate and complete
information about yourself, and to update the information when it
changes. If you provide any information that is untrue or inaccurate,
not current, or incomplete, or if NBCU suspects that your information
is untrue, inaccurate, or incomplete, then NBCU may, in its sole
discretion, suspend, terminate, or refuse future access to your
membership in these Services. Any personally identifiable information
provided at points of registration on the Site will be subject to
the NBC Universal Web Site Privacy Policy which can be read by clicking
here.
Termination
NBCU may, in its sole discretion, terminate your password, account
(or any part thereof) or your access to the Site, or remove and
discard any Communication transmitted by you, or information stored,
sent, or received via the Site without prior notice and for any
reason, including, but not limited to: (i) concurrent access of
the Site with identical user identification numbers, (ii) permitting
another person or entity to use your user identification number
to access the Site, (iii) any other access or use of the Site except
as expressly provided in this Agreement, (iv) any violation of the
terms and conditions of this Agreement or the rules and regulations
relating to the use of, the software and/or data files contained
in, or accessed through, the Site, (v) tampering with or alteration
of any of the software and/or data files contained in, or accessed
through, the Site, or (vi) failure to use the Site or portion thereof
on a regular basis. You may terminate your membership hereunder
upon thirty (30) days written notice by you to NBCU of your intent
to terminate this Agreement. Termination, suspension, or cancellation
of this Agreement 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 this Agreement, all rights granted to you will automatically
terminate and immediately revert to NBCU and its licensors.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, NBCU 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 American Links Up web site, http://www.netparents.org.
To view information on our policy regarding the privacy of information
from children under the age of 13, please click
here to read the NBC Universal Web Site Privacy Policy.
Export Control
The Site is controlled and Operated by NBC Universal from its offices
within the State of California, United States of America. Unless
otherwise specified, the materials on the Site are presented solely
to promote and provide information about NBCU's products and services
available in the United States. NBCU makes no representation that
the materials in the Site are appropriate or available for use in
other locations and other countries. Those who choose to access
the Site from other locations or other countries do so on their
own initiative and are responsible for compliance with local laws
in that territory, if and to the extent that local laws are applicable.
Software available from the Site is further subject to United States
export controls. No software from the Site may be downloaded or
otherwise exported or re-exported: (A) into (or to a national 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
Site, 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.
Infringement Policy
NBCU, 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 Site
if it determines in its sole and absolute discretion that you are
involved in infringing activity, including allege acts of first-time
or repeat infringement, regardless of whether the material or activity
is ultimately determined to be infringing. NBCU 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), NBCU 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 NBCU in a written complaint that complies with the requirements
below and delivered to our designated agent to receive notification
of claimed infringement by mail:
Gillian M. Lusins
NBC Law Department
30 Rockefeller Plaza, RM. 1081E
New York, NY 10009
Email: 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 e-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.
Governance
This agreement shall be governed by, construed and enforced in accordance
with the laws of the State of New York, as it is applied to agreements
entered into and to be performed entirely with such state. Any action
you, any third party or NBCU bring to enforce this agreement or,
in connection with, any matters related to this Site shall be brought
only in either the state or Federal Courts located in New York County,
New York and you expressly consent to the jurisdiction of said courts.
If any provision of this agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions. This agreement 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.
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