NBC SPORTS GOLD U.S. TERMS OF SERVICE
Effective date March 24, 2017
NBC Sports Ventures, LLC and its parent, subsidiary and affiliated companies (collectively, “NBC Sports Gold”, “we”, “our” or “us”) maintain websites, Subscriber Video on Demand (SVOD) and other services, products, related software, and/or or mobile or tablet applications relating to our NBC Sports Gold sports offerings (collectively, our “Services”). These Terms of Service apply whenever you access the Services, regardless of platform or device used. In addition, for users of our Fee-Based Products, the Subscription Agreement shall also apply.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY; THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION IN YOUR INDIVIDUAL CAPACITY ONLY, NO REPRESENTATIVE CLAIMS, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THIS SITE OR ANY OF OUR SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES.
TABLE OF CONTENTS
This table of contents provides a summary overview of these Terms of Service. This table of contents is intended to help guide you through the Terms of Service, but should not be read as a complete presentation of all of the terms and conditions contained in these Terms of Service. When you agree to the Terms of Service, you accept all of the terms and conditions included and referenced in these Terms of Service, not just those set out in this table of contents.
- Acceptance of Terms of Service Each time you access and/or use our Services, you agree to be bound by these Terms of Service and any additional terms that will apply prospectively to you. You agree to accept notice of posting of any new terms via this platform or device from which you accessed these Terms of Service. More
- Permitted Uses We grant you a limited revocable license to use our Services for your own non-commercial use only, subject to certain rules and limitations.More
- Access to and Availability of Online Services Your use of our Services is subject to various restrictions designed to protect our Services and its users. We may change or discontinue our Services in whole or in part at any time. More
- Registration, Passwords, Unauthorized Use of Your Account and Sharing of Social Features Our Services may include a social network. You will provide true, accurate and current information if you establish an account with us. Your activities with our Services (including interaction with other members, advertisers, videos viewed or audio accessed) may be shared with others. More
- Fee-Based Products and Subscription Agreement Your use of our subscription services is subject to the terms and conditions of our Subscription Agreement. More
- Wireless and Location-Based Features; Social Media Plug-Ins Wireless carrier charges may apply to your use of our Services via wireless networks or devices and geo-location details. More
- Your Conduct and Acceptable Use Your use of our Services is subject to our rules regarding acceptable conduct and practices. More
- Monitoring We may, but have no obligation to, monitor your use of our Services. More
- User Content; Grant of Limited License You grant us a broad license to any content that you post on our Services and you bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on our Services. More
- Merchants We are not responsible for your business dealings with merchants accessible through, or advertising on, our Services. More
- Children’s Online Privacy Protection Act Notification Our Services are not designed or intended for use by children and will be subject to parental controls. More
- Disclaimer of Warranties We disclaim all warranties and provide our Services “As- Is.” More
- Exclusion of Damages You agree that you are entitled to no damages for any claims related to your use of our Services, except as set out below. More
- Limitation of Liability; Applicability of Disclaimers; Exclusions and Limits Our liability to you is limited. More
- We are Not Responsible For Third-Party Websites and Content We are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within our Services. More
- Indemnification You agree to indemnify us for material posted by you or through your account. More
- Reservation of Rights We reserve the right to modify or discontinue our Services at any time subject to the Subscription Agreement. More
- Termination We may terminate your account, password or access to our Services in our sole discretion at any time and without prior notice subject to the Subscription Agreement. More
- Infringement Policy You may not post content you do not own or control or otherwise have the right to post, and we encourage you to report any infringing activity you identify on our Services. More
- Links By You To Our Services You may link to our Services, subject to some basic conditions. More
- Local Regulations Our Services are not intended to be available in locations outside the United States, you do so on your own initiative and at your own risk. More
- Export Control To the extent our Services are accessed outside the United States in contravention of these Terms of Service, there are additional legal restrictions on our Services for those countries subject to U.S. export controls. More
- Binding Arbitration of All Disputes; No Class Relief You agree to arbitrate and waive jury trial and class actions. More
- Dispute Resolution for Non-U.S. Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law Non-U.S. citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law. More
- Member Disputes You are solely responsible for your communications with members or visitors to our Services. More
- Notice for California Users Residents of California are entitled to specific consumer rights information. More
- General By accessing and using our Services, you agree to certain terms regarding (a) the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Service; (d) your limited time to file claims; and (e) the manner in which you communicate with us. You also agree not to assign or delegate your rights and obligations under these Terms of Service. More
- Terms Applicable for Apple iOS There are some other things you should know if you are accessing or using our Services through an Apple device. More
- Subscription Agreement More
- Acceptance of Terms of Service
- Permitted Uses
- Access to and Availability of Services
- Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
- Fee-Based Products and Subscription Agreement
- Wireless and Location-Based Features; Social Media Plug-ins
- Your Conduct and Acceptable Use
Your use of our Services shall be limited solely to your personal and non-commercial use. Our Services contain material that is derived in whole or in part from material supplied and owned by NBC Sports Gold as well as third parties (collectively, “Content”). As between NBC Sports Gold and you, NBC Sports Gold owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with our Services and Content. You acknowledge NBC Sports Gold’s valid intellectual and proprietary property rights in our Services and Content and that your use of our Services is limited to the online access, viewing, streaming and (where expressly permitted by NBC Sports Gold) temporary offline access of Content, all solely as authorized by NBC Sports Gold. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to our Services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use your account to access a maximum of one (1) stream of Content at any time across all of your Devices. Simultaneous access to multiple streams of Content by a single account holder is strictly prohibited. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on our Services or Content, (ii) any digital rights management mechanism or other content protection or access control measure associated with our Services or Content, or (iii) any advertisement on our Services and/or within Content. You may not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit our Services or Content unless expressly permitted by NBC Sports Gold in advance in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make our Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Services with any third party content, materials or branding. You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of our Services. (See Section 21 below for terms applicable to use of links to our Services.) You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on our Services or its servers and infrastructures. You may not build a business on, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of our Services or Content, whether or not for profit.
To the extent that NBC Sports Gold makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
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.
Our Services are intended for use by users who are over the age of 13 and reside in the United States, its territories, possessions and protectorates (“U.S.”) By using or attempting to use our Services, you certify that you meet all eligibility and residency requirements.
NBC Sports Gold may change, suspend or discontinue any aspect of our Services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 below.
You are responsible for any charges incurred in obtaining access to our Services.
You agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our Services or these Terms of Service.
If you establish an account with NBC Sports Gold, you agree to provide true, accurate and current information in connection with that account. Any usernames and passwords used for our Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify NBC Sports Gold of any unauthorized use of your password or account or any other breach of security. You understand and agree that our Services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off our Services. If you don’t want your activities on such social network to be shared, your only option is to deactivate the related social network account.
Your use of our Fee-Based Products (as defined in our Subscription Agreement) is subject to the terms and conditions of our Subscription Agreement, which terms and conditions are incorporated herein.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on our Services. Click here to view the notice, which forms part of these Terms of Service.
Wireless Features. Our Services may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access our Services’ features and upload content to our Services, receive messages from our Services, and download applications to your wireless Device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
In addition, where any Mobile App collects precise information about the location of your Devices, it will be used to provide requested location services, and, depending on the particular Mobile App, it may be used, amongst other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly 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.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) may be integrated on our Services. Where our Services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g., you press the Facebook “Like” feature, the Twitter “Tweet this” feature, Google Plus “1+” button, or equivalent) or drop a comment on the appropriate web page, 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 our Services, there is the possibility 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 enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/sites you follow, etc.).
The following rules are a condition of your use of and access to our Services. You are responsible for the content of your communications (including User Content (as defined in Section 10)) via our Services.
- No Interference. You may not interfere with any other user’s ability to use or enjoy our Services.
- No Bullying. You may not use our Services to threaten, abuse, harass, or invade the privacy of any third party.
- Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
- Your Materials Must Be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.
- Don’t Damage Our Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of our Services, or to obtain unauthorized access to our Services or Content or any data or other information of any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to our Services or use our Services, Content or any information contained therein for any unlawful purpose. NBC Sports Gold, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of our Services violates this provision.
- Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity.
- No Criminal or Unlawful Conduct. You may not use our Services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any of our Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
- Follow These Terms of Service and Conduct Rules. You may not take any action on or through our Services that violates any applicable law (including applicable regulation or judicial order, “law”) or these Terms of Service.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to our Services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some features of our Services, other members may be able to request e-mail notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting NBC Sports Gold (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such User Content or otherwise have sufficient rights in your User Content to grant to NBC Sports Gold the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that NBC Sports Gold (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to NBC Sports Gold under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that NBC Sports Gold, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate NBC Sports Gold or any other person or entity to exercise any of the rights granted by you under these Terms of Service. You will not receive any compensation of any kind for your User Content or our use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Service. You agree that NBC Sports Gold (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between NBC Sports Gold, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of User Content. You also agree that NBC Sports Gold does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.
Use of Name and Likeness. By posting User Content on our Services, you consent to the recording, use and reuse by NBC Sports Gold, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content, as used, edited, altered, fictionalized or modified by NBC Sports Gold, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with NBC Sports Gold, our Services or related sites and services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
Ownership. Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to your User Content. To the extent your User Content contains other materials or elements owned by NBC Sports Gold or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of such User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and NBC Sports Gold.
Idea Submissions Prohibited. NBC Sports Gold does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to NBC Sports Gold through our Services, including posts on any third party social network or website, or by e-mail, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to NBC Sports Gold the right and license to the submission as if it were User Content as specifically set forth above. In addition, NBC Sports Gold retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. NBC Sports Gold’s receipt of your unsolicited ideas and materials is not an admission by NBC Sports Gold of their novelty, priority, or originality, and it does not impair NBC Sports Gold’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
Public Nature of Services. While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of NBC Sports Gold. Notwithstanding anything else in these Terms of Service, NBC Sports Gold should not be seen as endorsing any User Content in any way. None of NBC Sports Gold (including, without limitation, its parent, subsidiary and affiliate companies) or its officers, directors, employees, licensees, contractors, or agents shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content. User Content does not reflect the views of NBC Sports Gold. Notwithstanding anything else in these Terms of Service, NBC Sports Gold should not be seen as endorsing any User Content in any way. User Content posted through our Services is provided by users like you who are unaffiliated with NBC Sports Gold, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not NBC Sports Gold, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, e-mail or otherwise transmit via our Services. None of NBC Sports Gold or its affiliates, or its or their officers, directors, employees, subsidiaries and/or affiliates are responsible for User Content, nor shall they have any liability for any such User Content. NBC Sports Gold does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using our Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. NBC Sports Gold will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on our Services.
Our Services are not designed or intended for use by children under the age of 13.
While NBC Sports Gold uses reasonable efforts to include current information on our Services, NBC Sports Gold makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
WE PROVIDE OUR SERVICES ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBC SPORTS GOLD, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “NBC SPORTS GOLD PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE NBC SPORTS GOLD PARTIES DO NOT WARRANT THAT OUR SERVICES, OR YOUR ACCESS TO OR USE OF OUR SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE NBC SPORTS GOLD PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NBC SPORTS GOLD PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OUR SERVICES OR ANY WEB SITES LINKED THERETO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE NBC SPORTS GOLD PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON OUR SERVICES OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE NBC SPORTS GOLD PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF OUR SERVICES OR ANY OTHER SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NONE OF THE NBC SPORTS GOLD PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 THIS SITE OR OUR OTHER SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF NBC SPORTS GOLD OR ANOTHER NBC SPORTS GOLD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE NBC SPORTS GOLD PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE OR OUR OTHER SERVICES. WITHOUT LIMITING THE FOREGOING, THE NBC SPORTS GOLD PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 ABOVE (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THIS SITE OR OUR OTHER SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE NBC SPORTS GOLD PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OUR SERVICES OR THESE TERMS OF SERVICE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO NBC SPORTS GOLD IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, NBC SPORTS GOLD PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
For your convenience, our Services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, SUCH THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY NBC SPORTS GOLD. ACCORDINGLY, NBC SPORTS GOLD (i) MAKES NO WARRANTIES OR OTHER AGREEMENTS REGARDING SUCH THIRD-PARTY WEBSITES, (ii) HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND (iii) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION OF A LINK TO A THIRD-PARTY WEBSITE IN OUR SERVICES DOES NOT IMPLY AN ENDORSEMENT BY NBC SPORTS GOLD. PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
You agree to defend, indemnify and hold harmless the NBC Sports Gold Parties and their respective directors, officers, employees, contractors and agents 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 accruing from (a) any breach of these Terms of Service, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto NBC Sports Gold’s servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or 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 our Services; and (d) any breach of any representation, warranty or other terms or conditions relating to use of your User Content or our Services.
NBC Sports Gold reserves the right to modify or discontinue, temporarily or permanently, all or any part of our Services and/or any software, facility or service, with or without notice, and/or to establish general guidelines and limitations on their use.
NBC Sports Gold may, in its sole discretion, terminate your password, account (or any part thereof) or use of our Services, or remove and discard any User Content or information stored, sent, or received via our Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access or use our Services, (ii) any unauthorized access or use of our Services, (iii) any violation of these Terms of Service, or (iv) tampering with or altering any of the software, data files, and/or Content contained in or accessed through, our Services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to our Services shall not affect any right or relief to which NBC Sports Gold may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to NBC Sports Gold and its licensors and all rights granted by you to NBC Sports Gold shall survive in perpetuity.
NBC Sports Gold respects the intellectual property of others, and we ask our users to do the same. Our Services and materials incorporated by NBC Sports Gold therein are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by NBC Sports Gold in our Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by NBC Sports Gold or others.
NBC Sports Gold, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use our Services if it determines in its 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. NBC Sports Gold accommodates and does 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:
Gillian M. Lusins
NBC Universal Law Department
620 Fifth Avenue, Fifth Floor, Room 574
New York, New York 10112
By e-mail: firstname.lastname@example.org
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 our 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 NBC Sports Gold 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.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our 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 do not suggest any affiliation with or endorsement by NBC Sports Gold or cause any other confusion regarding your relationship to NBC Sports Gold or its affiliates or to our Services, (c) the link opens in a new browser window and links to the full version of the applicable Services web page; and (d) the links and the content on your website do not portray NBC Sports Gold or its affiliates or its 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 NBC Sports Gold. NBC Sports Gold reserves the right to suspend or prohibit linking to our Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
NBC Sports Gold reserves the right to investigate suspected violations of these Terms of Service, including, without limitation, any violation arising from any submission, posting or e-mail you make or send to any forum. NBC Sports Gold may seek to gather information from the user who is suspected of violating these Terms of Service and from any other user. NBC Sports Gold may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If NBC Sports Gold believes, in its sole discretion, that a violation of these Terms of Service has occurred, it 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 any other corrective action that it deems appropriate. NBC Sports Gold will fully cooperate with any law enforcement authorities or court order requesting or directing NBC Sports Gold to disclose the identity of anyone posting any e-mail or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS ALL NBC SPORTS GOLD PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY NBC SPORTS GOLD PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER ANY NBC SPORTS GOLD PARTY OR LAW ENFORCEMENT AUTHORITIES.
Unless otherwise specified, the materials on our Services are presented solely to provide information regarding and to promote NBC Sports Gold’s services and other products available in the U.S. Our Services are controlled and operated by NBC Sports Gold from its offices within the State of New York. NBC Sports Gold makes no representation that materials on our Services are appropriate or available for use outside the U.S. Those who choose to access our Services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from our Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing or using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Section 25 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NBC Sports Gold agree that we intend that this Section 25 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 25 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 26 below 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 of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with any of Services (including this Site), (ii) any purchases or other transactions or relationships with NBC Sports Gold made through our Services, or (iii) any data or information you may provide to NBC Sports Gold or that NBC Sports Gold may gather in connection with such use, interaction or transaction conducted through our Services (collectively, “NBC Sports Gold 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 Site or our other Services, or engaging in any other NBC Sports Gold Transactions or Relationships with us, you agree to binding arbitration as provided below.
- 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 NBC Sports Gold (the “Arbitrator”);
- 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 of Service and/or the arbitration provisions in this Section 25, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable;
- Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) 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 NBC Sports Gold; 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.
- Governing Law. The Arbitrator shall (i) 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) 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) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief;
- No Class Relief. The Arbitration can resolve only your and/or NBC Sports Gold’s 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;
- 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;
- 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, NBC Sports Gold 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;
- Reasonable Attorney’s Fees. In the event you recover an Award greater than NBC Sports Gold’s last written settlement offer, the Arbitrator shall also have the right to include in the Award NBC Sports Gold’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but NBC Sports Gold shall in all events bear its own attorneys’ fees; and
- 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 NBC Sports Gold shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
Modification of Arbitration Clause with Notice. NBC Sports Gold may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after NBC Sports Gold has given notice of such modifications and only on a prospective basis for claims arising from NBC Sports Gold Transactions and Relationships occurring after the effective date of such notification.
Small Claims Matters are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against NBC Sports Gold 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.
This Section 26 applies to non-U.S. residents only, where applicable law prohibits arbitration of disputes in accordance with Section 26 above.
- Section 26 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to our Services, Content, these Terms of Service, whether heretofore or hereafter arising, or to any of NBC Sports Gold’s actual or alleged intellectual property rights (collectively, a “Section 26 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 26 Dispute along with a proposed resolution. 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 26(A). Your notice to us must be sent to:
Gillian M. Lusins
NBC Universal Law Department
620 Fifth Avenue, Fifth Floor, Room 574
New York, New York 10112
By e-mail: email@example.com
For a period of sixty (60) days from the date of receipt of notice from the other party, NBC Sports Gold and you will engage in a dialogue in order to attempt to resolve the Section 26 Dispute, though nothing will require either you or NBC Sports Gold to resolve the Section 26 Dispute on terms with respect to which you and NBC Sports Gold, in each of our sole discretion, are not comfortable.
- Jurisdiction. The parties agree that the state or federal courts in the State of New York shall have non-exclusive jurisdiction of any Section 26 Dispute.
- Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Service and any Section 26 Dispute arising out of or in connection with it or its 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.
- Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 26 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 26(A) ABOVE WITHIN ONE (1) YEAR AFTER THE SECTION 26 DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
- Injunctive Relief. The foregoing provisions of this Section 26 will not apply to any legal action taken by NBC Sports Gold 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 our Services, any Content, your User Content and/or NBC Sports Gold’s intellectual property rights, NBC Sports Gold’s operations, and/or NBC Sports Gold’s products or services.
You are solely responsible for any interaction with other members or visitors to our Services, and NBC Sports Gold reserves the right, but shall have no obligation, to monitor disputes between you and any other user of our Services.
Under California Civil Code Section 1789.3, California users of our 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.
- Applicable law. These Terms of Service, any Additional Terms and the relationship between you and NBC Sports Gold shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.
- Subject to the arbitration provisions in Section 25 above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service 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.
- No Waiver. No failure or delay by NBC Sports Gold in exercising any right, power or privilege under these Terms of Service 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 of Service.
- Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
- Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
- This Is the Entire Agreement. These Terms of Service represent the entire understanding of the pzarties 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.
- These Terms of Service are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without NBC Sports Gold’s prior written consent.
- Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software. All internet service provider, mobile service, and other services needed to access our Services, and all charges related thereto, are your sole responsibility.
If you are accessing or using our Services through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms of Service by this reference:
- To the extent that you are accessing our Services through an Apple Device, you acknowledge that these Terms of Service are entered into between you and NBC Sports Gold and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as a third-party beneficiary as contemplated below.
- The license granted to you in Section 2of these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services.
- You acknowledge that NBC Sports Gold, and not Apple, is responsible for providing our Services and any Content therein.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Services.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Services.
- Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and NBC Sports Gold, NBC Sports Gold and not Apple is responsible for addressing any claims you may have relating to our Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in Section 13, Section 14and Section 15 above, NBC Sports Gold’s liability to you for use of our Services is greatly limited.
- Further, you agree that if our Services, or your possession and use of our Services, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
- When using our Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with our Services.
- If you have any questions, comments or claims, please contact NBC Sports Gold at:
NBC SPORTS GOLD
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR FEE-BASED PRODUCTS AND OFFERINGS CAREFULLY. Capitalized terms not otherwise defined herein have the respective meanings ascribed.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR FEE-BASED PRODUCTS AND OFFERINGS CAREFULLY.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the Fee-Based Products which are owned or operated by NBC Sports Ventures, LLC and its affiliates (collectively, “NBC Sports Gold”, “we”, “our” or “us”). For purposes of this Agreement, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, NBC Sports Gold.
2. Your Use of Fee-Based Products
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Fee-Based Products that you subscribe to, during the applicable period of your subscription, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription to our Fee-Based Products is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Fee-Based Products subscribed to by you. To subscribe to our Fee-Based Products, you represent that you are a U.S. citizen or resident with a valid U.S. mailing address.
By using our Fee-Based Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to our Fee-Based Products. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of our Fee-Based Products, including, but not limited to, (i) restricting the time a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use any of our Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, our Fee-Based Products may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide in writing from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Services (or any part thereof) and/or our Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Fee-Based Products, except for a refund of any fees or charges prepaid by you with respect to our Fee-Based Products in accordance with Section 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this Section 2 or this Agreement, or any of our policies or practices, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your subscription or registered user account, as applicable.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Subscription Terms”). Such Additional Subscription Terms may be placed on the Fee-Based Products to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Subscription Terms are hereby incorporated by reference into this Agreement.
3. Charges and Fees for Fee-Based Products
Certain portions, components, content and features of our Services are only available to individuals who purchase a subscription to one of our Fee-Based Products. As a subscriber to one of our Fee-Based Products, you agree as follows:
- You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods, such as the recurring monthly fee), applicable taxes, and other charges and fees incurred in order to access our Fee-Based Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this platform or such other means as we may deem appropriate from time to time (including e-mail or conventional mail).
We will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. EACH TIME YOU ARE CHARGED FOR YOUR RENEWAL, the renewal charge will be the same as the prior period’s charge, unless (a) you previously purchased a multiple period payment plan, IN WHICH CASE YOUR RENEWAL CHARGE WILL BE a single charge IN AN AMOUNT EQUAL TO THE FULL TERM SUBSCRIPTION PRICE; (B) you were eligible for a discounted rate but are no longer eligible for that discounted rate, IN WHICH CASE YOUR RENEWAL CHARGE WILL BE IN AN AMOUNT EQUAL TO THE THEN-CURRENT FULL TERM REGULAR PRICE FOR THE PRODUCT YOU SUBCRIBED TO; or (C) we notify you in advance at the time of sign up or prior to the beginning of the renewal period THAT YOUR RENEWAL PRICE WILL BE CHANGING, IN WHICH CASE YOUR RENEWAL CHARGE WILL BE IN AN AMOUNT EQUAL TO THE RENEWAL PRICE THAT YOU WERE NOTIFIED OF BY nbc sPORTS gOLD. If you purchased a subscription with a free trial period, you authorize us to charge your credit card or other account when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. If you purchased a multiple-period prepayment plan, your subscription will automatically be renewed at the same subscription rate and for the same subscription period. If you were eligible for a discounted rate but are no longer eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period.
- In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Fee-Based Products, including, without limitation, all telephone access lines (including long-distance charges, when applicable), content distributor fees, internet service provider fees, mobile fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Fee-Based Products.
- For purposes of your use of our Fee-Based Products, including identification and billing, you agree to provide the trusted third parties that we have retained to perform billing and subscription-related functions with true, accurate and complete information as required by the subscription or sign up process to our Fee-Based Products (“Subscription Data”), including your legal name, address, telephone number, e-mail address and applicable billing information (e.g., credit card number and expiration date), for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of any of our Fee-Based Products. You are obligated to check the “Account Settings” feature of our Services to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data, including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on any of the Fee-Based Products.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe to our Fee-Based Products using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Agreement or by law.
- You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Account Settings feature of our Services to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account.
- Except for multiple-period prepayment plans (other than prepayment plans purchased via the NBC Sports Gold Services), your failure to satisfy limitations we set based on age, geographic or other criteria, or if we terminate your subscription to one of our Fee-Based Products prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you logged onto or used the Fee-Based Product during that month). If you subscribe to a prepayment plan for multiple periods (e.g., a 6-month prepayment plan) and you decide to cancel during such prepayment period, we will refund any unused portion of such period on a pro rata basis. If your cancellation of your subscription to one of our Fee-Based Products is due to your failure to satisfy limitations we set based on age, geographic or other criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time. If we cancel or terminate your subscription to one of our Fee-Based Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis.
- Notwithstanding anything in this Agreement to the contrary, purchases made within a NBC Sports Gold mobile application downloaded from the Apple® iTunes store are not refundable and are subject to Apple’s iTunes Terms of Service.
4. Cancellation of Subscription
You can cancel your subscription by contacting customer service or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact customer service to have the charges reversed. If you use our Fee-Based Product during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
5. Availability of Fee-Based Products
The availability and use of our Fee-Based Products may be limited based on age, geographic location or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Fee-Based Products or may terminate your subscription to our Fee-Based Products at any time based on these criteria. For example, individuals under the age of 18 may not subscribe to our Fee-Based Products.
6. Privacy and Security
7. Automatically Become a Registered User
As a subscriber to one of our Fee-Based Products, you automatically become a registered user of our Services, which provides you with access to certain products, offerings, features, or resources of our Services such as the ability to post messages on one of our Community Areas (such feature is not available to those who are not registered users). A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our Services or post your own content. If you cancel your subscription to our Fee-Based Products, you will remain a registered user of our Services unless you specifically request otherwise.
8. Restrictions on Use of Materials
You acknowledge that the Fee-Based Products contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms of media and technologies existing now or hereafter developed. All Content is protected under U.S. copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Fee-Based Products are trademarks of their respective owners. NBC Sports Gold is the trade name and the registered trademark and service mark of NBC Sports Ventures, LLC. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Fee-Based Products. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, mobile Device or any other Device from which you access the Fee-Based Products, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
9. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, e-mailed, or otherwise transmitted to or on the Fee-Based Products, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, e-mail or otherwise transmit to or through the Fee-Based Products. We do not control the Postings posted, e-mailed or otherwise transmitted on our Fee-Based Products by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Fee-Based Products (as described below), you understand that by using the Fee-Based Products, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, e-mailed or otherwise transmitted to or through the Fee-Based Products.
You agree not to use the Fee-Based Products (including any Community Areas) to:
- Upload, post, e-mail or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to, any user of the Fee-Based Products, a director, officer, employee, shareholder, agent or representative of NBC Sports Gold or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with NBC Sports Gold, our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Fee-Based Products;
- Upload, post, e-mail or otherwise transmit any Postings or other materials that you do not have a right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, e-mail or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, e-mail or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of the Fee-Based Products) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Fee-Based Products;
- Interfere with or disrupt the Fee-Based Products or servers or networks connected to the Fee-Based Products, or disobey any requirements, procedures, policies or regulations of networks connected to the Fee-Based Products;
- Violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another user or employee of the Fee-Based Products;
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Fee-Based Products, including user names or passwords; or
- Access or attempt to access another user’s account without his or her consent.
Your privilege to use the Fee-Based Products (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Fee-Based Products and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of this Agreement, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
11. Parental or Guardian Permission
Some of the Content on Fee-Based Products may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE FEE-BASED PRODUCTS. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Fee-Based Products. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED PRODUCTS.
This Agreement applies only to the Fee-Based Products, and not to the websites or platforms of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisement, product or other resource available on any other website (regardless of whether we directly or indirectly link to such content, advertisement, product or other resource). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
13. Third Party Products and Services
You may order services, merchandise or other products through our Fee-Based Products from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of or related to, either directly or indirectly, the transactions, whether involving you or any other person.