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.