Nbc.com - Terms Of Service 1

Terms Of Service 1 from Nbc.com. The live version of this document is available at http://www.nbc.com/privacy-policy/terms-of-serv.... This document is a part of Docracy's Terms of Service Tracker project, which tracks changes to terms of service and privacy policy documents of many of the world's top websites.

  1. Restrictions on Use
    The Service is a computer online service. It is accessible to you through a personal computer, or other access device at www.nbc.com (the "NBC Site") using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, links to other Web sites and other computer services that NBCU may decide to offer, subject to the terms hereof. NBCU may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to,
    1. restricting the time of availability,
    2. restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems),
    3. restricting the amount of use permitted, and
    4. restricting or terminating any User's right to use all or part of the Service, at any time in NBCU's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service 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 Service, including but not limited to code and software ("Material"). You may, however, download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use if the Service in general. In the event that you download Material from the Service, such Material is licensed to you by NBCU and NBCU does not transfer title to any such Material to you.
  2. Membership Rules and Guidelines
    1. Registration
      Should NBCU choose to provide member based services, when you register to use these Services, you will be required to provide certain information about yourself. 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 NBCU suspects that your information is untrue or inaccurate, not current, or incomplete, NBCU may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. Members under the age of 18 must have parental consent before joining NBCU, and children under the age of 13 may not register with NBCU. The Service is currently provided for free. NBCU reserves the right to change the nature of this relationship at any time.
    2. Passwords
      Should NBCU provide to you a password that allows you to access certain parts of the Service, 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 NBCU of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.
    3. General
      NBCU may choose to send you e-mail newsletters on a variety of topics - for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by NBCU, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, NBCU 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 e-mail to an account that shall be designated for that purpose.
    4. Rules for Use of the Service
      1. Conduct Required for Use of the Service
        It is a condition of your use of the Service that you do not:
        1. restrict or inhibit any other user from using and enjoying the Service;
        2. post or transmit 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 as herein defined;
        3. post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;
        4. post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission);
        5. post or transmit any information, software or other material that contains a virus or other harmful component;
        6. post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;
        7. post, 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";
        8. 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;
        9. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
        10. resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
        11. use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy;
        12. disguise a file type to thwart NBCU's detection processes;
        13. post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
        14. submit to the Live Directory multiple web sites with different URLs that re-direct a user to one web page;
        15. submit to Live Directory more than one URL for a single category;
        16. update Live Directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URLs, or keywords, or
        17. attempt to gain unauthorized access to other computer systemsor networks connected to the Service. For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. NBCU, at its sole and absolute discretion, shall determine whether any information transmitted or received 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.
      2. Monitoring
        NBCU has no obligation to monitor the use of the Service by members. You acknowledge and agree that NBCU reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service 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 Service constitutes consent to such monitoring. Furthermore, NBCU reserves the right at all times to disclose any information posted on any portion of the Service 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 NBCU's sole and absolute discretion are objectionable or in violation of this Agreement.
      3. License
        By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Service you are granting NBCU a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of NBCU.

      4. Content on the Service.
        Communications posted through the Service are provided by users such as you who are unaffiliated with NBCU, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not NBCU, are entirely responsible for all 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 NBCU, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to 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 Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
      5. 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.

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  1. 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.
  2. 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.
  3. 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.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
  5. 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.
  6. 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.
  1. Modification
    NBC reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. 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 Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
  2. Export Control
    Information Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote NBC's Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by NBC from its offices within the state of California, United States of America. NBC makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service 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.
  3. 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 this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by NBC to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of NBC. 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 this Agreement, 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. 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. 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 subtitl es used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
  4. Rules for Chat rooms, Message Boards, and Other User-Supplied Material

    Portions of this Site 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 NBC, and NBC does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in these Rules of Conduct, NBC should not be seen as endorsing any Post in any way. Neither NBC nor its parent company, its respective officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any Posting that is in violation of this agreement.

    You acknowledge that anything you submit to an NBC Site by way of any Posting is routed through NBC's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on NBC Sites 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 in NBC.com's Terms and Conditions of use, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.)

    If a Posting originates from you or your account, you hereby agree not to post any materials that

    1. interfere with anyone else's use of the Site;
    2. are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way;
    3. encourage anyone to break the law;
    4. violate anyone's copyright, trademark or other property right;
    5. interfere with the privacy of any other user;
    6. contain a virus or any other harmful component; or
    7. contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.
  5. The message boards provided on the NBC Site are for the purpose of exchanging views and information about television programming. NBC reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials unrelated to these topics.

    You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although NBC may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, NBC is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. NBC may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate NBC's policies in any way. Further, NBC reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. NBC will fully cooperate with any law enforcement authorities or court order requesting or directing NBC to disclose the identity of anyone posting such materials.

    Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

    If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

  6. This privacy policy is effective as of September 28, 2001.

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