By using or downloading NBCUniversal Media, LLC’s and/or its affiliated companies’ applications, content, games, interactive TV, other products and/or online services (“NBCUniversal Services”), you agree to be bound by the NBCUniversal Privacy Policy at https://www.nbcuniversal.com/privacy/nbc-privacy and Terms of Use (“TOU”) at https://www.nbc.com/general/pages/terms as updated from time to time including but not limited to your agreement to arbitrate any disputes with us and to waive your rights to jury trial and class actions as more fully set forth at https://www.nbc.com/general/pages/terms. Do not download or use the Services if you do not agree to the TOU or Privacy Policy.

EFFECTIVE DATE AUGUST 3, 2017

Welcome to the Terms of Use (including any future modifications, the “Terms”) for websites, software, applications, content, games, interactive TV, or other products and online services which include these Terms or a link to these Terms (including all Content therein, the “NBCUniversal Services”). The NBCUniversal Services are made available to you by NBCUniversal Media, LLC, its affiliated companies (including successors assigns, “NBCUniversal,” “we,” “us” or “our”) and/or third parties. These Terms set out the agreement between us and you regarding how you can use the NBCUniversal Services and what responsibilities you and we have to each other. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE NBCUNIVERSAL SERVICES. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. By accessing or using any of the NBCUniversal Services you agree to these Terms. If you do not agree to these Terms, please do not access or use the NBCUniversal Services.

1. Terms and Modifications

These Terms are a contract between you and NBCUniversal. These Terms include our Privacy Policy [https://www.nbc.com/general/pages/privacy], which is hereby incorporated by reference (“Privacy Policy”). Our Privacy Policy explains how we may collect, maintain and disclose data regarding you and others.

Separate, additional terms may also apply to NBCUniversal Services (“Additional Terms”).  Any Additional Terms will be posted in connection with the applicable NBCUniversal Services. Applicable Additional Terms are hereby incorporated into these Terms by reference. Where any direct conflict exists between these Terms and any Additional Terms, the Additional Terms will control, provided that our Privacy Policy will control over any contradictory Additional Terms or provisions of these Terms.

EACH TIME YOU ACCESS OR USE THE NBCUNIVERSAL SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT ON THE THEN-APPLICABLE TERMS. We may modify these Terms on a prospective basis at any time in our sole discretion and post the changes and such changes will be effective thirty (30) days following either our notification to you or our posting of the changes on the NBCUniversal Services. Your continued access or use of the NBCUniversal Services after we post changes to these Terms, will be deemed as irrevocable acceptance of these Terms as modified. You agree to be notified of changes to these Terms via postings of updates on the NBCUniversal Services (or in any other reasonable manner of notice which we elect).

2. Eligibility, Registration and Accounts

This NBCUniversal Service is for users who are over the age of 13 and reside in the United States (including its territories and possessions) or those outside the United States that consent to use the NBCUniversal Services in accordance with U.S. laws, these Terms and the Privacy Policy. You may not access or use the NBCUniversal Services if you are barred from receiving them under these Terms or the laws of the United States or any other applicable jurisdiction. By accessing or using the NBCUniversal Services, you warrant that you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise legally able to bind yourself to these Terms) or you have obtained permission from your parent or guardian and otherwise meet the eligibility criteria set forth above. Some NBCUniversal Services may have specific age requirements and you may not access any age-restricted NBCUniversal Services unless you are of the required age.

You may be required to provide registration information in order to access the NBCUniversal Services. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide, including contact information for a parent or guardian.

The NBCUniversal Services and any user names or passwords you use to access the NBCUniversal Services (“Passwords”) are for individual use only. Your account is personal to you and you may not transfer it to any other party. You are solely responsible for maintaining the security and confidentiality of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords or other security breaches.

We have the right to suspend your account or change your user name for any reason, including due to a violation of these Terms.

3. The NBCUniversal Services; Consent to Electronic Communications

The NBCUniversal Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the NBCUniversal Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the NBCUniversal Services. We have the right to suspend or terminate access to the NBCUniversal Services and your accounts on the NBCUniversal Services, including due to a violation of these Terms.

The NBCUniversal Services may include sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions.  You are responsible for complying with these rules and requirements.

By using the NBCUniversal Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the NBCUniversal Services and may include notices about your account (e.g., payment authorizations, changes in password or payment method, confirmation of e-mails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

4. Content

NBCUniversal Services may include content and other materials supplied by NBCUniversal and third parties (“Content”). As between us and you, we own all rights in the NBCUniversal Services and Content. Nothing grants you any rights in the NBCUniversal Services or Content except as set forth in these Terms, including applicable Additional Terms.

The availability of Content on the NBCUniversal Services may change from time to time and from place to place. You consent to us and our third party providers determining your geographic location for purposes of providing the NBCUniversal Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.

Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.

Streaming NBCUniversal Services may be subject to a maximum number of simultaneous streams (as may be measured across all Content available on or through the NBCUniversal Services) at any time, regardless of the number of devices that we permit you to use with the applicable NBCUniversal Services. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion.

5. Permitted Uses

We grant you a limited, non-exclusive, non-transferable license to access and use the NBCUniversal Services solely for personal and non-commercial uses.

6. Paid Subscriptions and Credits

We provide some of the NBCUniversal Services to you free of charge and other NBCUniversal Services require payment. We may charge a fee for any portion of the NBCUniversal Services. You must be at least 18 years old or have obtained permission from your parent or guardian in order to make any purchases of, on or through the NBCUniversal Services. We will provide you with advance notice of all fees we charge and any changes to our fees. If you continue to use the NBCUniversal Services after a fee has been imposed or increased, you agree to pay the fee or increase.

Some NBCUniversal Services require paid subscriptions to access. If you sign up for a subscription, you agree that your subscription may be automatically renewed and, except as otherwise stated in applicable Additional Terms, unless you cancel your subscription, you authorize us to charge your payment method for the next subscription period. If you terminate a subscription, you may be responsible for the full amount of the subscription payments for the subscription period in which your termination was effective.

When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. You must notify us of any changes to your payment information. We may use third party credit card updating services to obtain current expiration dates on credit cards.

If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the NBCUniversal Services.

1. Digital Items

Purchases of usage subscriptions and other virtual currency including credits, points and any virtual items available on the NBCUniversal Services (collectively “Digital Items”) are non-refundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the Digital Item. All Digital Items are our Content and you have no proprietary or monetary interest in your Digital Items. We may immediately suspend or terminate your rights to Digital Items in our sole discretion without notice or liability. We may establish limits on Digital Items like expiration dates or maximum amounts. We may also modify Digital Items in our sole discretion, and such modifications may make the Digital Items more or less valuable or functional.

You may not transfer, sell, purchase, barter, or trade Digital Items or attempt or offer to do so. Any attempted transfer will be null and void. If we suspend or terminate your Digital Items, you forfeit those Digital Items except as may be set forth in Additional Terms (such as refund policies that may apply to a subscription service). Except as may be set forth in Additional Terms or as required by applicable law, we are not responsible for repairing or replacing any modified, suspended or terminated Digital Items or for providing any credit, refund or other sum related to Digital Items.

2. Payment Processors

When you purchase NBCUniversal Services, you may be required to provide personal information to an independent third party payment processor, as further described in our Privacy Policy. If the payment processor is responsible for the treatment of your personal information, the collection, transmission and processing of your personal information will be governed by that payment processor’s privacy policy. We are not responsible for any damages relating to your placement of an order with a payment processor and, except as otherwise agreed, we will not provide refunds for such purchase. You are responsible for all such transactions and any associated charges. In addition, if a payment processor experiences a data breach that affects your information, we will not be responsible for such breach. 

3. Right of Cancellation

Depending on your location, applicable law may grant you a right to cancel NBCUniversal Services (including subscriptions) that you purchase. If applicable law grants you such a right (e.g., for users in the European Union,) then the following terms in this “Right of Cancellation” section apply to you. This section does not apply to other users and does not create or convey to you any rights in addition to the rights you may have under applicable law.

• If you purchase a subscription to one of the NBCUniversal Services, you have the right to cancel your contract and receive a full refund of the subscription fee for those NBCUniversal Services provided that you cancel those NBCUniversal Services within 14 days of the day we accept your order, or until you start downloading or streaming any Content under the subscription, if earlier. For semi-annual and annual subscriptions, if we receive your notice of cancellation within 30 days after the first day of your initial billing, you will receive a refund of the subscription fee. If we refund your subscription fee, you will still be required to pay any other charges incurred. If you wish to cancel, you must follow the cancellation instructions for the particular NBCUniversal Service.
• When you purchase a license to access, view or download Content or Digital Items, you may be given an opportunity to consent to the access, streaming or download at the time of purchase. If you provide this consent, you will lose your right to cancel and the license purchase fee may not be refunded.

4. Promotional Codes

Promotional codes for certain NBCUniversal Services or Content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.

5. Trial Periods

We may provide a limited free trial period (“Trial Period”) to certain users regarding certain NBCUniversal Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to Additional Terms

If we provide you with a Trial Period, then you must provide valid payment method information in order to use the applicable NBCUniversal Services during the Trial Period. We will not charge you for those NBCUniversal Services subject to a Trial Period. If you do not cancel the applicable NBCUniversal Services by the end your Trial Period, you authorize us to automatically charge your payment method for NBCUniversal Services subsequent to the Trial Period (e.g., for each of the following payment periods for a subscription NBCUniversal Service until terminated). WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYMENTS HAVE BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE END OF YOUR TRIAL PERIOD. You may only have one Trial Period for an NBCUniversal Service before you must begin paying for that NBCUniversal Service. If you exceed this limit, we may charge your chosen payment method for any Trial Period after the first or suspend your use of the NBCUniversal Services, in our sole discretion.

7. Wireless and Location-Based Features; Social Media Plug-ins

1. Wireless Features

The NBCUniversal Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, receive messages from the NBCUniversal Services, upload content to the NBCUniversal Services or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.

If you register for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the NBCUniversal Services to notify us of any changes to your wireless contact information (including phone number).

2. Location-Based Features

If you use NBCUniversal Services on mobile devices (“Mobile Apps”) that are location-enabled, we may collect and process information about your actual location. Some NBCUniversal Services and Mobile Apps may not function without access to location information. If GPS, geo-location or other location-based features on your device are enabled, your device location will be tracked and treated in accordance with our Privacy Policy. In addition our Mobile Apps may collect your device location information in order to provide requested location services and provide functions such as tagging or check-in at a location.

Some Mobile Apps or features allow you to disable location-based features or manage preferences related to them. You can also terminate device location tracking by us through Mobile Apps by uninstalling the applicable Mobile Apps. The location-based services offered in connection with our Mobile Apps or features are for individual use only and should not be used or relied on (i) as an emergency locator system, (ii) while operating a vehicle, (iii) in connection with any hazardous environments requiring fail-safe performance or (iv) in any other situation in which the failure or inaccuracy of the location-based services could lead to death, personal injury or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

3. Social Media Plug-Ins

Some NBCUniversal Services include integrated plug-ins of social networks such as Facebook and Twitter. These plug-ins are clearly marked (e.g., with a Facebook button). If you click on one of these buttons or links, your browser will connect directly to the servers of the relevant social network. If you are registered to the relevant social network and logged into your account, that social network receives the information that the web page was viewed by you. If you interact with a social network plug-in (e.g., you use the Facebook “Like” feature) or add a comment on the applicable NBCUniversal Service, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit the NBCUniversal Services, it is possible that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).

If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit or use the NBCUniversal Services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser.  See our Privacy Policy to find out more about how our Sites and plug-ins to social media networks may collect, use and disclose data regarding your use of the NBCUniversal Services.  

8. Prohibited Actions

You may not make any uses of the NBCUniversal Services except as specifically authorized by NBCUniversal in writing and you may not use the NBCUniversal Services in violation of any applicable laws or regulations. Except as expressly authorized by NBCUniversal in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the NBCUniversal Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms, applicable Additional Terms, or as otherwise agreed in writing between us and you. You may not use the NBCUniversal Service for any business or commercial purposes or otherwise build a business based on any portion of the NBCUniversal Services. You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or ^tm) in the NBCUniversal Services; (ii) any digital rights management, content protection or access control measure associated with the NBCUniversal Services; or (iii) any advertisement on the NBCUniversal Services. You may not use any software or services in connection with the NBCUniversal Services that are intended or function to block or obstruct any advertisements of any kind. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both 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 Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

You may not insert any code into or manipulate the NBCUniversal Services in any way except as explicitly authorized by us in writing. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the NBCUniversal Services or any part thereof. You may not impose an unreasonable burden or load on the NBCUniversal Services or their infrastructure.

You are responsible for your use of the NBCUniversal Services and all materials you upload, post, transmit or otherwise distribute or facilitate the distribution on or through NBCUniversal Services (“Upload”). The following prohibitions apply to your conduct and communications on or through the NBCUniversal Services:

• No Interference. You may not interfere with any other user’s ability to use or enjoy the NBCUniversal Services.
• No Bullying. You may not threaten, abuse, harass or invade the privacy of any third party.
• No Blocking. You may not cover, remove, block or obscure any Content, advertisements or other portions of the NBCUniversal Services.
• No Unlawful or Inappropriate Postings. You may not Upload any content or material that is (i) fraudulent, (ii) infringing on the rights of any third party, (iii) libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate (including images of a sexual nature) or (iv) otherwise unlawful.
• No Viruses or Malicious Code. You may not Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the NBCUniversal Services or any computer software, hardware or telecommunications equipment associated with the NBCUniversal Services, or (ii) obtain unauthorized access to the NBCUniversal Services or any data or other information of ours or of any third party.
• No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the NBCUniversal Services.
• No Cheating.  You may not use any software or device that allows automated gameplay, expedited gameplay or other manipulation and you agree not to cheat or otherwise modify an NBCUniversal Service or game experience to create an advantage for one user over another.
• No Advertising. Except as otherwise agreed between us and you in writing, you may not use the NBCUniversal Services in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (e.g., offering products or services, conducting raffles or contests or displaying sponsorship banners) or (ii) that solicits funds, advertisers or sponsors, whether or not for profit.
• No SPAM. You may not Upload unsolicited bulk communications of any kind. For instance, you may not send “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or “spam” (i.e., unsolicited emailing for business or other purposes).
• No Collection of Personal Information From Other Users and No Commercial Use. You may not solicit or collect information about other users of the NBCUniversal Services or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.
• No Impersonation or Misrepresentation. You may not impersonate any other person or entity. You may not manipulate headers or identifiers to disguise you or the origin of your User Content (as defined below). You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the NBCUniversal Services in a manner that suggests an association with our products, services or brands except as agreed by us in writing.
• No Criminal or Unlawful Conduct. You may not use any portion of the NBCUniversal Services for any unlawful purpose and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.

You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.

We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

9. User Content

1. Uploads and other Distributions

The NBCUniversal Services may include forums and other opportunities for you and other users to Upload (as defined above) content and materials (upon Upload, “User Content”). When you Upload any User Content, you hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Content, including any Personality Elements (as defined below) in your User Content, in any manner and any media formats and channels now known or later developed or discovered, including in connection with advertising, promotions or Third Party Services (as defined below), without notice or payment to you. For instance, we and our partners may display advertising, promotions and other content in connection with your User Content and you will not be entitled to any associated revenue. You agree that we and our licensees may give you credit for your User Content, but are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your User Content against us, our licensees, our representatives or other users. When you Upload any User Content, you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Content as used or modified by us (collectively, “Personal Elements”).

When you Upload any User Content, you represent and warrant that you own that User Content or that have sufficient intellectual property and proprietary rights in order to make the grants in these Terms. You agree to pay any monies owed to any party based on our and our licensees use of your User Content.

2. Public Nature of NBCUniversal Services; Deletions

You acknowledge that you have no expectation of privacy or confidentiality with respect to any User Content. While we may offer you the ability to Upload User Content anonymously, we may still store your account information.

If you Upload any User Content, you may not be able to remove it from the NBCUniversal Services. We make no guarantees to remove User Content from the NBCUniversal Services. Even if the NBCUniversal Services give you an opportunity to delete User Content, we may retain the User Content in our backup files, which are not publicly available. We retain the right to make use of your Content in accordance with these Terms even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the NBCUniversal Services will not result in, and we are not responsible for, the deletion of the User Content by third parties who previously had access to that User Content and (ii) termination of your account will not automatically delete User Content you Uploaded.

We also reserve the right to limit the storage capacity of your User Content. You assume full responsibility for maintaining backup copies of your User Content and we assume no responsibility for any loss of your User Content, for instance, due to its removal by us.

3. No Responsibility for User Content; User Disputes

We are not responsible or liable for any User Content. Each user is solely responsible for the User Content that he or she Uploads. You are responsible for any claims, losses or damages relating to all User Content that you Upload.

We have no obligation to investigate, monitor or correct any User Information (e.g., for accuracy or completeness) and we shall not be responsible for any decisions made based on User Information.

User Content may not reflect our views. We do not endorse any User Content that you or other users Upload and we may remove or refuse to post any User Content that, in our sole discretion, is objectionable or violates these Terms. You acknowledge that you may encounter User Content on or through the NBCUniversal Services that you find objectionable, offensive or otherwise inappropriate and you shall have no right against us based on User Content. 

You are solely responsible for any interaction with other users of the NBCUniversal Services, and we reserves the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of  the NBCUniversal Services.

4. Uploads Do Not Grant You Rights

Your User Content will not be acknowledged or returned. You Upload any User Content voluntarily, not in confidence, and no confidential or fiduciary relationship exists between us or any other party and you based on your Uploads. You acknowledge that you will not be paid for Uploading your User Content in any way.

5. Idea Submissions and Feedback

We do not accept unsolicited submissions for any media, products or services. Please do not make unsolicited submissions to us through NBCUniversal Services, including (1) Uploads of your User Content, (2) submissions through any third party social network, website or other platform or (3) submissions by e-mail, text messages or other means (collectively, “Submissions”). We are not responsible for any similarity of Content or programming in any media to your Submissions. If you make any Submission, or if you provide any comments, information, ideas, concepts, reviews or techniques or other communication you may send to us (“Feedback”), including via responses to questionnaires and other methods, Submissions and Feedback shall be deemed User Content and will be subject to the grants by you applicable to User Content (but not any rights with respect to User Content) in these Terms.  Our receipt of your Submissions or Feedback is not an admission by us of their novelty, priority or originality and does not limit our right to contest intellectual property rights related to your Submissions or Feedback.

6. Designation of Agent

You hereby appoint us as your agent with full authority to executed any document or take any action we may consider appropriate in order to confirm the rights granted by you to us in this Agreement.

10. Syndication

You are responsible for any User Content you Upload and for any consequences, including use of your User Content by others. You acknowledge that your User Content may be syndicated, broadcasted, published or otherwise distributed by us or our partners. You also agree that the NBCUniversal Services may include a social network or integrations with other social networks and that your activities (e.g., video viewing, interactions with other users or advertisers) may be shared with others both on and off the NBCUniversal Services.

11. Third Party Services

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use off the NBCUniversal Services, and you will be solely responsible for all charges related to them.  You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third party terms of agreement, when using the NBCUniversal Services.  You acknowledge and agree that these third parties may prohibit or restrict certain NBCUniversal Service features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard text messaging rates or other carrier charges may apply to your use of the NBCUniversal Services, including, for example, when sending SMS messages or using VoIP functionality, if these functions are available within the NBCUniversal Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.

To the extent use of the NBCUniversal Services, or certain features or services provided in the NBCUniversal Service, may require authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programing services (“MVPD Provider”), then the authentication process and any information you provide in therewith is strictly between you and your MVPD Provider, and NBCUniversal shall have no responsibility or liability with respect to such process. Any information you provide in connection with the authentication process shall be subject to the terms of use and privacy policies of your MVPD Provider, and NBCUniversal is not responsible for examining or evaluating the MVPD Provider, its terms and conditions or any aspect of the authentication process. To the extent you have any questions or concerns with respect to the authentication process or other matters that relate to your MVPD Provider, please contact them directly.

For your convenience, the NBCUniversal Services may include or provide links to websites, widgets, software or other utilities) of other persons or entities (“Third-Party Services”) that may interact with the NBCUniversal Services. Third-Party Services may import data related to your account and activity and otherwise gather data from you. Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. THE INCLUSION ON AN NBCUNIVERSAL SERVICE OF A LINK TO OR OTHER INTEGRATION WITH A THIRD-PARTY SERVICE DOES NOT IMPLY AN ENDORSEMENT BY US.  WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SERVICES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE THIRD PARTY SERVICES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SERVICES.

12. Merchants and Advertising

Your dealings with merchants found on or through the NBCUniversal Services, including any payments or contractual terms, are solely between you and that merchant. We are not responsible for any loss or damage resulting from such dealings or from the presence of merchants on the NBCUniversal Services. Additional terms may apply.

We take no responsibility for third party advertisements served on or through the NBCUniversal Services or for any of the goods or services provided by our advertisers.

13. Cookies and Targeted Advertising

NBCUniversal Services and our third party partners may use tracking and other technologies to serve advertisements that may be relevant to you. All personal details and data we acquire based on your participation in the NBCUniversal Services, including targeted advertising data and tracking information we collect automatically, will be used in accordance with our Privacy Policy and our Tracking (Cookies) Technologies Policy [http://www.nbc.com/general/pages/privacy]. To learn more about opting out of targeted advertising, please click on the “Ad Choices” icon on the applicable NBCUniversal Service (or if not available on that NBCUniversal Service, at nbc.com) and see our Privacy Policy.

14. Children’s Online Privacy Protection Act Notification

The NBCUniversal Services are not designed or intended for use by children under the age of 13.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify 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 Electronic Frontier Foundation website, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

15. Devices and Charges

We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with NBCUniversal Services. You are responsible for all devices and other equipment, software and services necessary for you to access and use the NBCUniversal Services. By using NBCUniversal Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.

You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use the NBCUniversal Services. You are responsible for any charges incurred in obtaining access to the NBCUniversal Services. Please check with your ISP for information on possible data usage charges.

16. Testing and Monitoring; Investigations

We may, but are under no obligation to, continually test various aspects of the NBCUniversal Services. By using the NBCUniversal Services, you agree that we may include you or exclude you from these tests without notice.

We may, but are under no obligation to, monitor uses of the NBCUniversal Services. For instance, we may monitor, remove, modify or take other actions to regulate User Content and communications sent on or through the NBCUniversal Services. During monitoring, any information relating to any user or their activities on the NBCUniversal Services may be examined, recorded, copied, used and disclosed in accordance with our Privacy Policy. We also may disclose any information posted on any portion of the NBCUniversal Services as necessary to satisfy any law, regulation or governmental request.

We reserve the right to investigate suspected violations of these Terms. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or e-mail, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. Nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NBCUniversal Services or information provided to or gathered by us in connection with such use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL NBCUNIVERSAL PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY NBCUNIVERSAL PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER AN NBCUNIVERSAL PARTY OR LAW ENFORCEMENT AUTHORITIES.

17. Termination

We may, in our sole discretion, terminate these Terms, your Passwords, account (or any part thereof), subscription (if applicable) or your access to or use of the NBCUniversal Services, or remove and discard any User Content, with prior notice, without liability, for any reason or no reason. You may not attempt to access or use (i) any features of the NBCUniversal Services from which your access has been previously suspended or (ii) any of the NBCUniversal Services following termination of these Terms.

You may terminate your account for any or no reason, subject to all applicable Additional Terms.

Termination, suspension or cancellation of the Terms or your access to the NBCUniversal Services shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination, suspension or cancellation, all rights granted to you will automatically terminate and immediately revert to us and our licensors and all rights granted by you to us shall survive in perpetuity. After your account or access to the NBCUniversal Services is terminated by us or by you, these Terms shall remain in full force and effect with respect to your past and future use of the NBCUniversal Services.

18. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY

We make no warranties or representations as to NBCUniversal Services (which, for purposes of this Section 18 only, shall include the Third Party Services) with respect to their accuracy, timeliness, reliability, completeness or otherwise.   

WE PROVIDE THE NBCUNIVERSAL SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,  WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “NBCUNIVERSAL PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES,  INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLE, AMAZON.COM, INC., GOOGLE, INC., MICROSOFT CORPORATION, SAMSUNG ELECTRONICS AMERICA, INC.,  OR  ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU ACCESS AND/OR DOWNLOAD THE NBCUNIVERSAL SERVICES,   THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE NBCUUNIVERSAL SERVICES, OR ANY CONTENT OR FUNCTIONALITY IN THE NBCUNIVERSAL SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE NBCUNIVERSAL SERVICES.NONE OF THE NBCUNIVERSAL PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE NBCUNIVERSAL SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NBCUNIVERSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE NBCUNIVERSAL PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE NBCUNIVERSAL SERVICES.  WITHOUT LIMITING THE FOREGOING, THE NBCUNIVERSAL PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMSOR (2) CONTENT POSTED TO THE NBCUNIVERSAL SERVICES BY YOU OR ANY THIRD PARTY.

IN NO EVENT WILL THE NBCUNIVERSAL PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE NBCUNIVERSAL SERVICES OR THESE TERMS EXCEED  (A) THE AMOUNT (IF ANY) PAID BY YOU TO NBCUNIVERSAL IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE NBCUNIVERSAL PARTIES OR YOUR USE OF THE NBCUNIVERSAL SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE NBCUNIVERSAL SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE NBCUNIVERSAL PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.  THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITTH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

19. Indemnification

You agree to defend, indemnify and hold harmless the NBCUniversal Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (a) any breach of these Terms and/or (b) from your User Content, and/or content or materials Uploaded by any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the NBCUniversal Services.

20. Infringement Policy

We respect the intellectual property of others, and we ask our users to do the same. The NBCUniversal Services, including the Content and other materials incorporated by us in the NBCUniversal Services (“Materials”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the NBCUniversal Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others.

We, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserve the right, but without obligation, to terminate your license to use the NBCUniversal Services if we determine in our 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. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:

By mail:
NBCUniversal Media, LLC
DMCA Agent
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
212-664-4444
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:

·       Your name, address, telephone number, and e-mail address;

·       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;

·       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the NBCUniversal Services are covered by a single notification, a representative list of such works. 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;

·       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;

·       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; and

·       A statement that the information in the notice 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.

21. Links By You To the NBCUniversal Services

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the NBCUniversal Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website, application or other service (“Your Service”) do not suggest any affiliation with or endorsement by us or cause any other confusion regarding your relationship to us or our affiliates or to the NBCUniversal Services, (c) the link must open in a new window and link to the full version of applicable NBCUniversal Services; and (d) the links and the content on Your Service do not portray us or our affiliates or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us.  We reserve the right to suspend or prohibit linking to the Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.

22. Local Regulations

We make no representation or warranty that the Content or NBCUniversal Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the NBCUniversal Services from other locations you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

23. Export Control

The NBCUniversal Services are controlled and operated by us from our offices within the State of New York.  You hereby represent and warrant that (A) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (B) you are not listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You may not access or use any NBCUniversal Services in violation of United States export control and economic sanctions requirements. Software in or from the NBCUniversal Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws.

24. Binding Arbitration of All Disputes.  No Class Relief.

This Section 24 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and we agree that we intend that this Section 24 satisfies the “writing” requirement of the Federal Arbitration Act.  If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 25 shall apply to all relevant disputes between you and us.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us.  Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the NBCUniversal Services, (ii) any purchases or other transactions or relationships related to your use of the NBCUniversal Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction or transaction (collectively, “NBCUniversal Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.  By using or interacting with the NBCUniversal Services, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us.  If those efforts fail, by using the NBCUniversal Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”).  The Applicable Rules can be found at www.jamsadr.com.  If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances).  If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 24, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below.  Furthermore, this Section 24 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  You further agree that:

(a)            Single Arbitrator.  The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”);

(b)           Arbitrator Will Interpret This Agreement.  The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Section 24 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;

(c)            Location of Arbitration.  The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

(d)           Governing Law.  The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

(e)            No Class Relief.  The Arbitration can resolve only your and/or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

(f)            Written Award.  The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”).  Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

(g)            Arbitration Costs.  In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

(h)           Reasonable Attorney’s Fees.  In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our own attorneys’ fees; and

(i)             Interpretation and Enforcement of Arbitration Clause.  With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and Section 25.

(j)             Modification of Arbitration Clause With Notice.  We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from NBCUniversal Transactions and Relationships occurring after the effective date of such notification.  If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding NBCUniversal Transactions or Relationships.

(k)           Small Claims Matters are Excluded.  No Class Relief or Joinder of Claims.  Notwithstanding the foregoing arbitration provisions, and subject to Section 18, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

(l)        Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation,  proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or court order.

25. Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Law

This Section 25 applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with Section 24.

(a)            Section 25 disputes.  If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the NBCUniversal Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Section 25 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 25 Dispute, along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provide us.  But if no such information exists or if such information is not current, then we have no obligation under this Section 25(a).  Your notice to us must be sent to: 

By mail:
NBCUniversal Media, LLC
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: dmca.agent@nbcuni.com  

For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Section 25 Dispute, though nothing will require either you or us to resolve the Section 25 Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.

(b)           Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 25 Dispute.

(c)            Governing Law.  To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Section 25 Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.

 (d)            Injunctive Relief.  The foregoing provisions of this Section 25 will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the NBCUniversal Services, any Content, your User Content and/or our intellectual property rights (including such as we may claim may be in dispute), our operations, and/or our products or services.

26. Notice for California Users

Under California Civil Code Section 1789.3, California users of the NBCUniversal 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.

27. Terms Applicable to Third Party Platform Providers

If you access or download the NBCUniversal Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third party app store or platform (each a “Third Party Platform Provider”), such Third Party Platform Providers, shall be third-party beneficiaries to these Terms.  However, these Third Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the NBCUniversal Services.  NBCUniversal, not such Third Party Platform Providers, are solely responsible for the NBCUniversal Services. Your access to the NBCUniversal Services using the Third Party Platform Providers’ app stores or platforms  are subject to the usage terms set forth in the applicable Third Party Platform Provider’s terms of service.

In the case of any NBCUniversal applications accessed or downloaded via the Apple app store or platform, if such application fails to conform to any applicable warranty in these Terms, then you may notify Apple and Apple will refund to you the purchase price (if any) of the application.  NBCUniversal, not Apple, is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including, but not limited to: (a) product liability claims; (b) any claims that such application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.  In the event of any third party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, NBCUniversal, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

In the case of any NBCUniversal applications accessed or downloaded via the Samsung app store or platform, if you wish to assert a claim against Samsung in connection with a NBCUniversal application, such claim must be brought by you as an individual and not as a member of a class.

28. General

(a)            Applicable law.  These Terms, any Additional Terms and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. The Convention on Contracts for the International Sale of Goods does not apply to your access or use of the NBCUniversal Services or these Terms.

(b)           Venue.  Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

(c)            No Waiver.  No failure or delay by us in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

(d)           Severability.  Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

(e)            Limited Time to File Claims.  You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the NBCUniversal Services, or these Terms, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(f)            Paragraph and Section Titles are For Your Convenience.  The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.

(g)            This is the Entire Agreement.  These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.

(h)           Assignment.  These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any such assignment shall be void and invalid at the outset.

(i)            Survival. Sections 1, 4, 6 (excluding subsections (c), (d) and (e)), 9-13, 15-19, 22-25, and 27-29 of these Terms and any other terms that by their nature survive these Terms shall survive any termination of these Terms. 

EFFECTIVE DATE AUGUST 17, 2017

_______________________________________________________________________________

This Privacy Policy describes the privacy practices of NBCUniversal Media LLC including our affiliate companies (“NBCUniversal”, “we”, “our” or “us”).  You can find information about NBCUniversal, including our affiliates, here.

This Privacy Policy explains how we collect, use, disclose, and transfer information about users who interact with us including (but not limited to) via our websites, downloadable applications, such as games, interactive TV and Mobile Apps (as defined below) that link to this policy (“online services”).  This policy only applies to those online services that link to this policy. This policy also tells you how we use tracking technologies, cookies and browsing data we collect from your use of our online services, the measures we take to protect the security of the information you provide to us through our online services, and how you can contact us if you have any questions regarding our online services (including if you want to unsubscribe from our services or update your contact details). Information about how NBCUniversal processes your information outside our online services (e.g. working for NBCUniversal or visiting NBCUniversal premises) is available by contacting privacy@nbcuni.com. 

1.     SCOPE AND CONSENT

2.     TYPES OF INFORMATION WE COLLECT

3.     HOW WE COLLECT YOUR INFORMATION

4.     HOW WE USE YOUR INFORMATION

5.     HOW WE SHARE YOUR INFORMATION

6.     CHILDREN

7.     HOW WE PROTECT YOUR INFORMATION

8.     YOUR RIGHTS AND CHOICES

9.     WHERE YOUR INFORMATION WILL BE USED

10.  COOKIES AND OTHER TECHNOLOGIES

11.  MOBILE APPS

12.  APPLYING TO WORK AT NBCUNIVERSAL

13.  IMPORTANT INFORMATION FOR CALIFORNIAN RESIDENTS

14.  LINKS TO OTHER ONLINE SERVICES

15.  UPDATES TO OUR PRIVACY POLICY

16.  CONTACT US

1. SCOPE AND CONSENT

When you use our online services, you are contracting with NBCUniversal.  If you reside outside of the United States, NBCUniversal is your data controller.  By using our online services, you expressly consent to our collection, use, disclosure, and retention of your information relating to you including personal information as described in this Privacy Policy.

2. TYPES OF INFORMATION WE COLLECT

Our goal is to collect and use information to deliver effective and personalized services, which take your interests and preferences into account, as well as for our legitimate business needs and interests.

We receive two main types of information about users of our online services:

·       Information that identifies you: this is commonly referred to as “personal information” and includes, for example, information that you provide to us such as your name, home address, age, gender, telephone number, email address, payment information (including your credit card number), and/or photos or video footage of you; and

·       Information that relates to you, but on its own does not identify you: such as information about your Internet connection, the equipment you use to access our online services, and information relating to your usage of those services.

The main categories of information we or our partners, which include NBCUniversal affiliates, third party service providers, advertisers, distribution or other partners (“Partners”)

collect about our online services users include (but are not limited to) the following:

·       Your Account: you may be asked to create an account and profile (your “Account”) when you are using the online services. When you create your Account, you may provide us with personal information, including your name, telephone number or email address, age, gender, or interests.  When you create your Account, you are identifying yourself to us.  We may associate information we have collected from you prior to the creation of your Account with your Account profile to help provide you with a personalized and seamless experience.  Going forward, when you log-in to the online services on any device or browser, we will associate your activities on the online services on that device or browser with your Account (including the categories of data listed below).  You can update your Account information online. If you would like us to delete your Account, and the information associated with it, please contact us via the contact us page: www.nbc.com/contact-us.

·       Other Contact Information:  we or our Partners may also collect: your name, telephone number or email address if you have subscribed to a service; your delivery address if you buy a product or service through an online service; and your age, location, or delivery address if you choose to enter a competition or sweepstakes offered through our online services.

·       Transaction information: when you order products or services through our online services, you may provide information such as your credit/debit card details and other personal information related to that transaction.

·       Information that you provide on message boards and other user forums: including your username, images, or videos.  Please use caution when posting to messages boards or other forums, as information posted to these portions of our online services is public information.

·       Information about your equipment and about your interactions with the NBCUniversal and other online services: for example, your Internet protocol or IP address; pages, content, or advertising that you visit within online services (including online services not provided by NBCUniversal); or the type and version of your device’s operating system or web browser, your device ID, game and platform preferences (including information about the games and hardware you own), Steam ID, PlayStation Network ID, Games for Windows LIVE ID, Xbox Live Gamertag, game play statistics, game achievements, game scores, game replays,  and in some instances, your device’s location. We may associate this information with your Account when you are logged-in so that we can identify you. If you log-in to your Account on multiple devices or browsers, we will associate the information across all of your devices or browsers with your Account.

·       Information that is collected from social networks and publicly available data:  if you visit our online services on a device through which you also interact with social networks or if you interact with us through a social media function such as a plug-in (for example, a Facebook “like” button) then you may be permitting us to have on-going access to some information from your social network profile (such as your name, email address, your friend list, photo, age, gender, location, birthday, social networking ID, current city, and the people/sites you follow ). If you don’t want a social network to collect the information about you as described above, or you don’t want a social network to share it with us and other third parties, please review the privacy settings and instructions of the applicable social network before you visit and use our online services.

·       Information that is collected from Consumer Data Resellers: we may collect information about you from consumer data resellers, including but not limited to, demographic and other generally available information, or advertiser information, including purchasing data and membership in loyalty programs.

·       Information About Your Video Viewing Behavior: information about your video viewing behavior on our online services (e.g., content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.).

3. HOW WE COLLECT YOUR INFORMATION

The methods we or our Partners may use to collect information about you are as follows:

·       Directly from you, when you provide it to us: for example, when you request products or services from us, when you register with us, respond to surveys, apply for a job, contact us or otherwise interact with us. Please remember that if others use devices into which you remain logged in, they may share information with us as if they were you, and they may have access to information that you have previously provided us.  To protect your privacy, please log out from our online services that you access from public or shared devices.

·     Automatically, when you use our online services: information collected through the use of Cookies and Other Technologies, and when you download our Mobile Apps.  The types of automatically collected information may include: network or Internet protocol address and type of browser you are using (e.g., Chrome, Safari, Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the name of your Internet service provider (e.g., Comcast, Verizon or AT&T) and domains used by such providers, mobile network, device identifiers (such as an Apple IDFA or an Android Advertising ID), device settings, browser settings, the web pages of the  online services you have visited, the type of handheld or mobile device used to view the online services (e.g., iOS, Android), location information, and the content and advertisements you have accessed, seen, forwarded and/or clicked on.  Such information may also be collected while you are offline and may be transmitted to us when you next connect to the Internet, regardless of the location where or device through which that connection is established. Please see our Cookies and Tracking Technologies, and Mobile Apps pages for further information, including your choices in relation to the use of these technologies.   

·       From third parties: including social networks, other online services, publicly available records, our service providers, and from consumer data resellers.

4. HOW WE USE YOUR INFORMATION

We (and our service providers) use information to:

·       provide the online services you have requested;

·       enter you into sweepstakes, contests or promotions where requested;

·       create an online services account if you have requested one;

·       personalize the services offered by us or our affiliates, including providing personalized advertising on some online services (see options for opting out of personalized advertising here); facilitate game play, including the public display of user statistics and/or game ranking or to improve your game play experience

·       respond to your inquiries, requests, and comments;

·       allow you to participate in the interactive features of our online services, where you choose to do so;

·       provide technical support for our online services;

·       prevent fraud or potentially illegal activities (including copyright infringement) on our online services;

·       protect the safety of users and others on our online services;

·       enforce our online services’ terms of service;

·       understand how our online services are used so that we can continuously improve them, and the services we provide to you;

·       send you newsletters and information about products, services and promotions relating to us and/or our business partners or other organizations that we work with, in accordance with your communication preferences. 

·       send you service-related communications, including announcements and administrative messages;

·       create anonymous and, where legally permissible, personally identifiable user and consumer profiles, and audience segments that can be used by us or by our Partners for targeted advertising and marketing, and subject to legal restrictions (including consent where necessary) we may also use technology (such as Facebook Custom Audiences) to deliver advertising to you on other sites and in Mobile Apps based on the email address or other personal information you provide to us or through the use of information we receive from third parties, including Consumer Data Resellers. Please see Your Rights and Choices for further information about how you can control these updates;

·       through the use of cookies and similar technologies, associate information we collect from and about you with the various devices you use to connect to the online services. We or our Partners may use this information to deliver advertising through desktop and mobile applications and browsers, and other internet-connected devices (including smart TVs where applicable) based on information associated with your devices;

·       if you use our online services to send gifts we use the contact information (e.g., email addresses) that you provide to send the gift to your requested recipients, provide other communications relating to those sorts of transactions, as well as any further communications as may be authorized by the recipients; and implement any related social networking features you have activated. 

Note that we may combine all the information we collect or receive about you for any of the foregoing purposes.

5. HOW WE SHARE YOUR INFORMATION

Information sharing within NBCUniversal and among NBCUniversal affiliates.

·       Your information may be shared with NBCUniversal affiliates, and used to help us better tailor our services, products and advertising to you.

Information sharing with third parties – e.g. service providers, advertisers, consumer data resellers, social networks:

·       Service providers that we have retained to perform certain business-related functions on our behalf: for example service providers who offer services including research and analytics; hosting websites, fulfilling transactions, maintaining databases, administering contests, providing technology services and platforms, and processing payments.  These parties are provided only with the personal information or other information they need to perform their functions and can only use and disclose that information as is necessary to perform the services on our behalf, or to comply with legal requirements. We take steps to ensure that third party service providers will take appropriate steps to protect your personal information.

·       Social Networks: You may interact with certain features of our online services that cause information to be published to your social networks.  For example, you may click on a Facebook “like” button, which publishes to your Facebook account that you “like” one of our TV shows or movies.  On pages of our online services that contain social network functionality, the social network providing the functionality may be able to collect information about you, even if you don’t use that functionality. For example, if a page within our online services contains a Facebook “like” button, Facebook may be able to collect data about your visit to that page, even if you don’t click on the “like” button. To control this sharing of information, please review the privacy policy of the relevant social network and/or log out of it before you use our online services.

·       For Mobile Apps: In Mobile Apps, your personal information and information about how you use our mobile apps may be shared with technology providers, carriers, analytics providers, and/or other mobile apps either operated by us or third parties. Please see our Mobile Apps section for additional detail.

·       Advertisers, Advertising Networks and Consumer Data Resellers: Some online services, including Mobile Apps, may be supported with advertising, and collect data to help our online services serve ads.  This helps keep the cost of online services low or free. We work with advertisers and third-party advertising networks and consumer data resellers that buy and/or sell information to other companies for multiple purposes including offering products and services that may interest you. These third parties may receive information about how you interact with content and advertising provided in our online services. These third parties may view, edit or set their own tracking technologies/cookies, which will allow them to collect information about you. For information about your choices relating to the transfer of information via such technologies see our Cookies and Tracking Technologies section.

·       Sharing of Video Viewing Behavior:  we may share information (and you agree to this sharing) about the video content you view on our online services with video measurement services such as Nielsen TV Ratings, analytics providers and advertising companies, and third party social media sites. This sharing shall continue for two years or until you withdraw your consent. Information that may be passed to video measurement services such as Nielsen TV Ratings, analytics providers and advertising companies may be via cookies and tracking technologies. For information about your choices relating to transfer of information via such technologies see Cookies and Tracking Technologies section. To opt out of video measurement services by Nielsen TV Ratings specifically please click here

·       Our Partners.  Some of our Partners are companies with which you have already shared your personal information. We may share information about how you use the online services with these third parties in order to help them better understand how you use the online services, and enhance their understanding about you so that they can better personalize your experiences with them and the offers they send you.  Sometimes, we may associate cookies with the Information, including de-identified, “hashed,” or anonymous versions of Information you have provided (such as during registration), in order to send or help our Partners send ads and offers based on your presumed interests or demographic information. 

Information sharing with other parties:

In addition, we may disclose your personal information to law enforcement agencies, government/regulatory bodies, and content protection organizations to:

·       Protect our legal rights, privacy or safety, and that of our subsidiaries, affiliates, employees, agents, contractors, or other individuals;

·       Protect the safety and security of visitors to our online services or other properties;

·       Protect against fraud or other illegal activity or for risk management purposes;

·       Respond to inquiries or requests from government, regulatory, law enforcement, or public authorities;

·       Permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we may sustain;

·       Comply with the law including with subpoenas, search warrants, court orders, and other legal process; or

·       Enforce applicable terms of service.

Sale or transfer of all or part of our business or assets

We reserve the right to transfer the information described in this Privacy Policy in the event we sell or transfer all or a part of our business or assets so that the buyer can continue to offer you the online services. We will make commercially reasonable efforts to provide you with reasonable notice of such transfer, or as otherwise required by law. If you do not want your personal information to be processed following such a transfer, you should contact the subsequent owner of the business.

6. CHILDREN

·       Except where otherwise indicated, we do not knowingly collect or store any personal information from children under the age of 13. Some of our online services may attract an audience that is under the age of 13. For those services, we use an age-gate to make certain features unavailable for use by children under 13, and we do not knowingly collect personal information from children under 13 in connection with those features. Where required, we will provide notice to and obtain verifiable consent from parents or guardians for the collection of personal information from children under 13, and provide parents or guardians the ability to request access to personal information we have collected from their children. We encourage parents and guardians to spend time with their children online and to be fully familiar with the online services used by their children. If a parent or guardian becomes aware that his or her child under 13 has provided us with information without his or her consent, he or she should contact us at privacy@nbcuni.com. As required by law, we will delete such information from our files within a reasonable time.

·       For certain websites covered by this Privacy Policy and involved in e-commerce, you may only be able to use that site and any related services if you are 18 years of age or older, or the age of majority in your jurisdiction of residence, whichever is older. If you are under the age of 18 or the age of majority in your jurisdiction of residence, you may only use that site and any related services with the involvement of a parent or legal guardian.

California minors under 18 years old may request the removal of any information that they posted to NBCUniversal sites by contacting privacy@nbcuni.com. Upon such request, NBCUniversal will anonymize, or remove from public view, any content posted by a minor to one of its websites, unless required by law to retain such content or information.

7. HOW WE PROTECT YOUR INFORMATION

We maintain procedural, technical, and physical safeguards for our online services to help protect against loss, misuse or unauthorized access, disclosure, alteration, or destruction of the personal information you provide via our online services. We also ask the service providers that help us deliver our online services to do the same. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop, or improve our online services. Unfortunately, no transmission of data is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. Therefore, any transmission of personal information to us is made at your own risk. If you believe that your interaction with us is no longer secure, please notify us using the contact details below.

Usernames & Passwords

It is important that you protect and maintain the security of any account you create and that you notify us immediately of any unauthorized use of any NBCUniversal account.  Do not disclose your password to anyone else.

8. YOUR RIGHTS AND CHOICES

Communication Preferences and Opt-outs

If you have subscribed to one or more of our email newsletters or are receiving them from us and you don’t want them anymore, you can unsubscribe. Select the “unsubscribe” link at the bottom of any message, by other means provided to unsubscribe, or using the contact details below, to unsubscribe from marketing and promotional emails and associated marketing delivered to you on third party services based on your subscription data. However, you cannot unsubscribe from some service related messages.

Mobile Apps

For additional information about your choices in relation to Mobile Apps including information on how to opt out of targeted advertising and video measurement see the Mobile Apps section.

Advertising/Cookies and Similar Technologies

For more information about your choices for cookies and similar technology (“Cookies and Tracking Technology”), including where such technology is used to provide targeted or other advertising on our online services, please see our Cookies and Tracking Technologies policy.

Access and Correction

In addition to the functionality provided to you via our online services (such as using “account settings” for registered users), where legally required we provide online visitors with access to their personal information and the ability to review, update and correct it.

Some access requests may be subject to a small fee. To help preserve your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, and possibly photo ID before granting access to your personal information.  Please contact privacy@nbcuni.com for more information about exercising these rights.

Data Retention and Deletion

We will retain your data for as long as you use our online services and for a reasonable time thereafter. If you’d like to delete, modify or update the data that you provided via our online services please use the settings on our online services or contact us at privacy@nbcuni.com and we will respond within a reasonable time. Please note that some or all of this data may be required in order for our online services to function properly, and we may be required, by law, to retain certain information.

Opt-out of Video Measurement by Nielsen

To opt out of video measurement services by Nielsen TV Ratings specifically please click here.

9. WHERE YOUR INFORMATION WILL BE USED

NBCUniversal is based in the United States and may from time to time transfer your personal information to other countries and make it accessible to any of our affiliates and third party service providers internationally. Where the transfer of information is to a country that does not provide an adequate level of information protection, NBCUniversal has taken steps to ensure that your personal information receives an appropriate level of protection.

If you are located outside of the United States, please be aware that information we collect, including personal information, may be transferred to, and processed, stored and used in the United States.  Under United States law, your personal information may be subject to access requests from governments, courts, or law enforcement in the United States.

By using our online services and providing your personal information to us, you understand and agree that your personal information may be sent to other countries including those which do not provide an equivalent level of information protection as the European Economic Area (EEA).

10. COOKIES AND OTHER TECHNOLOGIES

For more information about the use of Cookies and Other Technology on our online services (including your opt-out choices) please see the Cookies and Tracking Technologies policy. Through our Cookies and Tracking Technologies policy, we provide opt-out choices.  The effect of an opt-out will be to stop targeted advertising, but it will still allow the collection of usage data for certain purposes (e.g., research, analytics, and internal online services operation purposes).

11. MOBILE APPS

For more information about our information collection and use practices with respect to online services that are mobile applications (“Mobile Apps”) see the Mobile Apps policy.

12. APPLYING TO WORK AT NBCUNIVERSAL 

When you apply to work at NBCUniversal your information will be collected and used in accordance with the Candidate Privacy Statement. 

13. IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS 

Residents of the State of California may request a list of all third parties to which our online service has disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes.  If you are a California resident and want such a list, please contact us at Chief Privacy Officer, NBCUniversal Legal Department, 30 Rockefeller Plaza, New York, NY 10112, US. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code.  In the body of your request, please provide enough information for us to determine if this applies to you.  You need to attest to the fact that you are a California resident and provide a current California address for our response.  Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Do Not Track

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how NBCUniversal responds to “Do Not Track” browser settings. NBCUniversal does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

14. LINKS TO OTHER ONLINE SERVICES

Our online services may contain links to third party websites/services for your convenience and/or information (for example, to sites which are provided by our third party vendors).  If you access other online services using the links provided, you may leave NBCUniversal’s online services. When you access these other sites, even ones that may contain the NBCUniversal logo, please understand that the operators of these websites may collect information from you which will be used by them in accordance with their privacy policies and Terms of Use, which may differ from ours. We do not endorse or control the policies or practices of third party websites that we do not control or operate.

You should always carefully read the privacy policy of any website you access in order to understand their specific privacy and information usage practices.

15. UPDATES TO OUR PRIVACY POLICY 

From time to time, we may revise this Privacy Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use.  If we make material revisions to the way we collect or use your personal information so that we are using it for purposes or sharing data with third parties that you have not consented to, we will provide you with notice of those changes and may do so by either: (1) announcing the change on the home page of our websites or (2) taking other actions as we deem appropriate under the circumstances, including without limitation, posting the revised version of this Privacy Policy online. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on our online services. You should check our online services frequently for updates.

You can determine when this Privacy Policy was last revised by referring to the “Last Updated” or similar legend at the top of this page. Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through this site. By continuing to use this online service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or in part, please do not continue to use our online services.

16. CONTACT US

For any queries or complaints in relation to this Privacy Policy or NBCUniversal’s privacy practices please contact us at  privacy@nbcuni.com or Chief Privacy Officer, NBCUniversal Legal Department, 30 Rockefeller Plaza, New York, NY 10112, US.

For enquiries from outside of the US please contact us at privacy@nbcuni.com or Chief Privacy Officer, Legal Department, Central Saint Giles, St Giles High Street, London, WC2H 8NU, UK.

Cookies / Tracking Policy

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On NBCUniversal online services, we, along with our advertising partners and vendors, use a variety of technologies to learn more about how people use NBCUniversal online services.  You can find out more about these technologies and how to control them in the information below.  This policy forms part of the NBCUniversal Privacy Policy available here.

1. COOKIES AND OTHER TRACKING TECHNOLOGIES AND HOW WE USE THEM
2. USE OF COOKIES BY OUR ADVERTISING PARTNERS
3. YOUR COOKIE CHOICES AND HOW TO OPT OUT
4. EXAMPLES OF COOKIES USED ON NBCUNIVERSAL ONLINE SERVICES
5. DEFINITIONS
6. CONTACT US

1. COOKIES AND OTHER TRACKING TECHNOLOGIES AND HOW WE USE THEM

Like many companies, we use Cookies, including HTTP Cookies and flash cookies and other tracking technologies on our online services  including, HTML5 and Flash local storage, web beacons/GIFs, embedded scripts, ETags/cache browsers (referred to together from this point forward as “Cookies,” unless otherwise stated). 

We may use Cookies for a variety of purposes, including to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of an online service, for when you later return to that online service.

Our online services use the following categories of Cookies:

• Strictly Necessary Cookies: We may use Cookies required for system administration, to prevent fraudulent activity, improve security or allow you to make use of shopping‑cart functionality.
• Analytics and Performance-Related Cookies:  We may use Cookies when you visit our online services, including when you access the online services when you are logged-in to your Account on multiple browsers or devices such as your work computer or your mobile device, to assess the performance of our online services and as part of our analytic practices to improve the content offered through the online services.
• Functionality-Related Cookies:  We may use Cookies to tell us, for example, whether you have visited the online services before or if you are a new visitor and to help us identify the features in which you may have the greatest interest.

• Targeting-Related Cookies:  If you are logged-in to your Account on any device or service or you are on a third party site and one of our Cookies on your device or browser identifies you, your usage (such as your browsing behavior) and log data (such as your IP address), will be associated with your Account and we may deliver content, including ads, relevant to your interests on our online service and third party sites based on how you interact with our advertisements or content.  We have set out further information about the use of Cookies by our Ad Network partners below.
• Software Development Kits (“SDKs”).  We may use an SDK with our mobile apps to collect information, such as mobile identifiers (e.g., IDFAs and Android Advertising IDs), and information related to how mobile devices interact with our online services. We may use this technology to deliver or help our partners deliver certain advertising through mobile applications and browsers based on information associated with your mobile device.

• Your use of our services indicates your consent to such use of Cookies. For further information about our use of Cookies and your opt-out choices, see “Your Rights”. See here for examples of each type of cookie used on NBCUniversal online services.

2. USE OF COOKIES BY OUR ADVERTISING AND ANALYTICS PARTNERS AND OTHER THIRD PARTIES

The advertising networks and / or content providers that deliver ads on our online services, our analytics partners and other third parties may use Cookies to uniquely distinguish your web browser and keep track of information relating to your interaction with online services including ads shown.

Some of these companies may combine information they collect from our online services with other information they have independently collected relating to your browser’s activities across other online services. These companies collect and use this information under their own privacy policies.

Examples of these companies, their privacy policies, and the opt-outs they offer can be found in the table below:

3. YOUR COOKIE CHOICES AND HOW TO OPT OUT

You can choose whether to accept the use of Cookies as follows:

• Most browsers are initially set up to accept HTTP cookies. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, and how to disable existing cookies. For more information about HTTP cookies and how to disable them, or restrict the categories of cookies you wish to accept, you can consult the information at www.allaboutcookies.org/manage-cookies/.
• Controlling the HTML5 local storage on your browser depends on which browser you use.  For more information regarding your specific browser please consult the browser’s website (often in the Help section).
• For more information about Flash “cookies” or local storage objects or LSOs, and how to disable them, you can consult the information provided at http://kb2.adobe.com/cps/526/52697ee8.html.
• See “Use of Cookies by our Advertising Partners” for further information about how to opt out of Advertising Cookies.  Please note that rejecting Cookies does not mean that you will no longer see ads when you visit our online services.
• Please note, however, that without HTTP cookies and HTML5 and Flash local storage, you may not be able to take full advantage of all our online services features and some parts of the online services may not function properly.
• You may opt out of additional third party advertising networks by going to the Network Advertising Initiative’s Website at http://www.networkadvertising.org/managing/opt_out.asp and following the directions there.  The effect of opting out of third party advertising networks is explained on each opt out page.  Note that for some sites, the effect of opting out of third party advertising means that customized advertising will not be delivered to you.  Information regarding your usage of the online services may still be collected for research, analytics or internal operations purposes.

We are not responsible for the effectiveness of any such opt-out options.

NBCUniversal does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.  We continue to review new technologies and may adopt a standard once one is created.

4. EXAMPLES OF COOKIES USED ON NBCUNIVERSAL ONLINE SERVICES

Examples of the individual cookies we use and the purposes for which we use them include:

5. DEFINITIONS

6. CONTACT  US

For any queries in relation to this Cookies and Tracking Technologies Policy please contact us at privacy@nbcuni.com or Chief Privacy Officer, NBCUniversal Legal Department, 30 Rockefeller Plaza, New York, NY 10112, US.

For enquiries from outside of the US please contact us at privacy@nbcuni.com or Chief Privacy Officer, Central Saint Giles, St Giles High Street, London, WC2H 8NU, UK

Mobile Apps

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In addition to the terms of the NBCUniversal Privacy Policy available here this Mobile Apps Policy explains how NBCUniversal may collect and process personal information for online services accessed from mobile devices (“Mobile Apps”). This applies to all NBCUniversal Mobile Apps that link to this policy. Please note that this is a general overview of what may be processed and additional specific notices and terms will be applied within specific Mobile Apps where appropriate and/or required by law.

1.     INFORMATION WE COLLECT AND HOW USED

2.     HOW WE SHARE PERSONAL INFORMATION

3.     AUTOMATIC DATA COLLECTION AND ADVERTISING

4.     OPT-OUTS

5.     ACCESS

6.     CONTACT US
 

1. INFORMATION WE COLLECT AND HOW IT IS USED

We have set out the types of information we collect and how that information is used below.  The information collected will depend on the functionality of the specific Mobile App you are using. Additional information may be collected through the Mobile App as specified in the Mobile App. 

2. HOW WE SHARE PERSONAL INFORMATION

Subject to applicable laws and the terms of our Full Privacy Policy, we may share your usage and personal information with analytics providers, digital and video measurement services such as Nielsen, operating systems, carriers and platform providers and/or other mobile apps either operated by us or third parties, as well as any other entities described in any particular Mobile App.

3. AUTOMATIC DATA COLLECTION AND ADVERTISING

Some of our Mobile Apps are supported via advertising, and use third parties to collect data and personalize ads based on your interests and your usage of various apps, web browsing, and other data. Interest-based data may consist of, among other things, Unique Device IDs, log data, or similar information, paired with data regarding which apps you use and related usage data.  We may collect this information across all of our Mobile Apps and online services, and across all of the devices associated with your Account. This advertising helps keeps the cost of online services low or free.  Certain analytics companies that we use may also automatically collect data to help us understand how the online service is being used, such as the frequency and duration of usage.   We may also work with consumer data resellers that buy and/or sell information to other companies for multiple purposes including offering products and services that may interest you.

4. OPT-OUTS

In addition to the options provided by your mobile operating systems, you may opt out of the collection of information on Mobile Apps as follows:

·       Delete the Account by contacting us at www.nbc.com/contact-us

·       Uninstalling the Mobile App – you can stop all collection of information by the Mobile App easily by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the Mobile App marketplace or network;

·       Opt out of interest-based advertising – see the instructions below or contact  privacy@nbcuni.com for information about how to opt out from the use of information to serve targeted advertising by advertisers and/or third party network advertisers. Note that the effect of opting out of targeted advertising will be to prevent targeted advertising, but will not prevent you from seeing all advertisements.  Information may still be collected and used for other purposes (such as research, online services analytics or internal operations, and to enforce your opt-out preferences):

• For Apple Users:
  • iOS 7 or higher, you can change your settings in the following location: Settings > Privacy > Advertising
  • iOS 6, you can change your settings in the following location: Settings > General > About > Advertising
  • iOS 4 or 5, you can opt out following the instructions here

For further information please see Apple’s website here.

• For other major mobile platforms:

1. Open the platform account settings
2. Select Ads

·       Opt out of location data go to “settings” on your mobile device to opt out of the collection of location data, or contact privacy@nbcuni.com for information about how to opt out from allowing us to have further access to your location data. Please include as much detail as possible when you make a request.

·       Opt out of Cross-App Data Collection - the Digital Advertising Alliance (“DAA”) offers a separate choice tool for the collection of cross-app data on a mobile device for interest-based advertising and other applicable uses. To exercise choice for companies participating in this choice tool, you can install the DAA’s AppChoices app (see http://www.aboutads.info/appchoices).

·       Opt out of Video Measurement Services - to opt out of video measurement services provided by Nielsen on Mobile Apps please click here

Note that if you would like to opt-out of cross-device linking, you will have to use the opt-out mechanisms above on each device linked to your Account.

5. ACCESS

Where required by applicable law we provide online visitors with access to personal information they provide through online services and the ability to review, update and correct it as and when necessary. Such requests may be subject to a small fee. To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, and possibly photo ID before granting access to your personal information.

6. CONTACT US

For any queries in relation to this Mobile Apps Policy please contact us at privacy@nbcuni.com or Chief Privacy Officer, NBCUniversal Legal Department, 30 Rockefeller Plaza, New York, NY 10112, US.

For enquiries from outside of the US please contact us at privacy@nbcuni.com or Chief Privacy Officer, Central Saint Giles, St Giles High Street, London, WC2H 8NU, UK.