PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS NBC OLYMPICS WEBSITE AT WWW.NBCOLYMPICS.COM ("SITE"). BY USING THIS SITE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.
These are the Terms of Service for the NBC Olympics website, which is brought to you by NBC Olympics LLC ("NBC Olympics", "we" or "our"), an NBC Universal Media LLC company. These Terms of Service apply to your access and use of the Site in any form and applies to all means by which you access the Site, including downloadable widgets, the NBC Olympics iPhone or other mobile phone applications, RSS feeds, a laptop, computer workstation or any other application used to access the internet or the Site (the foregoing - "Services"). These Terms of Service are a license that governs your use of content contained on or within the Site ("Content"), and your interaction with the Site, including your participation in user forums or any other interactive features. In addition to these Terms of Service, there may be special terms or registration requirements for certain features on the Site, for example access to certain "Live" or "on-demand" streaming Olympics related Content, contests and sweepstakes or other features or activities. Such additional special terms or registration requirements will be posted in connection with the applicable feature, are in addition to these Terms of Service, and to the extent they conflict with these Terms of Service, govern access to or use of that particular feature.
NBC Olympics may modify these Terms of Service from time to time in its sole discretion. Each time you access the Site or Content from the Site via any Service you will be deemed to have accepted any such changes. NBC Olympics shall have no obligation to notify you of any such changes other than posting such modifications on the Site, but we reserve the right (at our discretion) to provide you notice of such changes to any e-mail address you have provided to NBC Olympics.
1. Access to the Site
This Site intended for use by users 13 years of age or older who reside in the United States of America, its territories and possessions ("U.S."). The Site contains Content (including, but not limited to, user registration, certain Content and email Alerts) that are subject to heightened age and/or other eligibility requirements. By using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
2. Registration and Availability of Services
While many parts of the Site and various types of Content are available without registration or subscription, there are certain requirements for and limitations to access to certain streaming and on demand NBC Olympics content.
Streaming and On Demand Content: Access to portions of NBC Olympics live streaming and on-demand Site content ("Premium Content") is available only to users in the U.S. who are currently subscribed to receive video service from a cable, satellite or IPTV provider that has partnered with NBC Olympics (each a "Distribution Partner"), where such Distribution Partner has agreed to provide Premium Content to its subscribers. To access Premium Content, click on the link to access Live or On-Demand Content on the Site. Depending on your Distribution Partner, NBC Olympics will either send you to your Distribution Partner's website to verify your account information, or you will provide your account information to NBC Olympics, and we will work with your Distribution Partner to verify your account information. Once your account information is verified, NBC Olympics will (a) place a cookie on your computer's hard drive that will allow us to recognize your computer when it returns to the Site so that you may easily access the Premium Content, and (b) create a login and password so that you may access the Premium Content on up to eight (8) devices logged into an internet service provider located in the U.S. If you do not have a current subscription with a Distribution Partner, you cannot obtain access to Premium Content. NBC Olympics receives verification of eligibility for Premium Content from the Distribution Partner. Any disputes regarding verification of your cable, satellite or IPTV subscription status and your eligibility to obtain access to Premium Content must be resolved by you and your Distribution Partner. While Premium Content may be accessed on up to eight (8) devices, you are limited to up to five (5) "live" streams of Premium Content at any given time. Attempts to access Premium Content from unauthorized computers or devices or from outside the U.S. and use of Premium Content by you or anyone with access to your account for other than permitted personal, non-commercial personal uses may result in suspension or termination of your account and/or access to Premium Content.
Registration For Alerts: If you wish to receive alerts featuring breaking news and information from NBC Olympics ("Alerts") via your email address or mobile phone, you must enter a valid email address and/or mobile telephone number. You will then receive an email or text message with required instructions to confirm your interest in receiving the selected Alert. You will also be asked if you wish to receive emails from NBC Olympics' partner Universal Sports. If you do not wish to receive emails from Universal Sports, please uncheck the box on that registration page. If you register for Alerts to be received on your mobile phone, you acknowledge, understand and agree that you will be charged by your wireless carrier for all messages sent to the user from NBC Olympics. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will NBC Olympics, NBC Universal Media LLC, their respective parent companies, distributors or affiliates be responsible for any wireless email or text messaging charges incurred by a you or by a person that has access to a your wireless device, telephone number, or email address.
Commenting on the Site: In order to comment or participate in user forums or other portions of the Site that allow for users to comment, you will be asked to enter a screen name and user email address. You will then receive an email address asking you to verify that you wish to comment. You do not have to use your real name for your screen name, but you must provide a valid email address.
No Obligation to Provide Access to Site: NBC Olympics may without notice or liability change, suspend, impose limits on, restrict access to, or discontinue any aspect of the Site at any time, including the availability of any Content or feature, including all or portions of the Premium Content.
Termination at Will: NBC Olympics may at any time and without notice to you, suspend or terminate your use of, or access to the Site or to any Content or features on the Site, for any or no reason, including your failure to abide by these Terms of Service, in each case without any liability or further obligation of any kind whatsoever to you or any other party.
3. Rules, Permitted User Conduct, Monitoring of Site Certain areas of the Site may allow you to post Content or interact with NBC Olympics or other users in a manner that can be accessed and viewed by other Site users. You may only post Content that you created or that you have permission to post. You may not submit or transmit any material, or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business or entity, including NBC Olympics and its employees and agents;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Violates these Terms of Service, guidelines or any policy posted on the Site,
- Is an advertisement, offers any product or service for sale or is otherwise intended to promote or generate revenue for any business enterprise or commercial activity;
- Uses any Service in a manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and/or any Service, or attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
You acknowledge that anything you submit to NBC Olympics for posting on the Site is routed through NBC Olympics' servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that User Content you post on the Site are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online, and you make such disclosures at your own risk.
Blog comment features and other user forums are provided on the Site for the purpose of exchanging views and information about sports and Olympics related television programming. NBC Olympics reserves the right to terminate the account or suspend the posting privileges of anyone who posts materials unrelated to these topics.
You are entirely responsible for all Content that you upload, post, email or otherwise transmit on or via the Site and/or any Service. In using the Services or receiving e-mail messages from members through the Site, you should not assume that such messages have been reviewed by NBC Olympics, that they contain correct information, or that the persons posting such Content have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will NBC Olympics be liable in any way for any communication, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via the Site.
4. Ownership of Content and Permitted Uses, License to User Content
The Site contains Content from many sources, including NBC Olympics, the International Olympics Committee and the United States Olympic Committee, as well as from users who lawfully post Content such as text, messages, information and images on the Site and/or the Services. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. The Site features registered and unregistered trademarks and service marks, and the look and feel of our color combinations, button shapes, and other graphical elements on the Site are also our trademarks.
Your use of the Site is limited to the access and viewing of Content on a streaming-only basis for personal, non-commercial purposes. You may not either directly or through the use of any Service or other means remove, alter, bypass, avoid, disable, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any Service or other means copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by NBC Olympics in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge.
The foregoing restrictions include without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing any technology to allow users to view the Content without: (a) displaying visibly both the Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (b) having full access to all functionality permitting viewing of the Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Some sections of the Site may provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material, including your name and likeness, to us, the Site or others ("User Content"). By posting or submitting such User Content you represent and warrant that it complies with these Terms of Service.
Original Content: Any User Content that you post or upload must be either: (a) an original work by you that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures); or (b) material for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your User Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting User Content, you must have all the rights, licenses, permissions and consents necessary to submit the User Content and to grant all of the rights that you have granted to NBC Olympics under these Terms of Service. Before you post User Content, you must have the express consent of everyone who appears in the User Content to submit the User Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.
Rights in User Content Granted to NBC Olympics: By uploading or inputting User Content to any part of the Site you hereby acknowledge and agree that you are granting NBC Olympics (including without limitation, its parent, subsidiary and affiliate entities, licensees, successors and assigns (the "Beneficiaries")), the perpetual and irrevocable, worldwide, non-exclusive, royalty-free, fully paid up right and license to: (a) use, copy, create derivative works from, license, modify, adapt, publish, translate, reproduce, distribute, display, exhibit, host, cache, store, "fingerprint" (through use of content recognition technology), archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create derivative works from, incorporate in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such User Content, create algorithms based thereon, and transcode the User Content to appropriate media formats, standards or mediums (in each of the foregoing cases, in whole or in part); and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the User Content (in whole or in part and as altered by NBC Olympics in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on the Site, on other websites, on the NBC television network, and on all owned and affiliated broadcast and cable networks, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for the Site, as well as the other websites and Content produced by NBC Olympics, and its Beneficiary companies, all without further notice to, consent from or payment to you. You hereby irrevocably waive any and all "moral rights" you may have in the User Content.
Without in any way limiting the foregoing, you acknowledge and agree that NBC Olympics and its Beneficiaries shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to NBC Olympics 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 Olympics and its Beneficiaries 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 Olympics or any other person or entity to exercise any of the rights granted by you under these Terms of Service.
You grant the rights hereunder whether or not your User Content or any part thereof is actually used by NBC Olympics. You acknowledge that your consideration for the rights you grant in your User Content is the possibility that NBC Olympics users may view your User Content. You will not receive any further compensation of any kind for your User Content or the use thereof, and you agree that NBC Olympics and its Beneficiaries in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between NBC Olympics, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content.
In addition to all of the legal and equitable rights and remedies available to NBC Olympics in connection with these Terms of Service or your User Content, you acknowledge and agree that NBC Olympics shall have the right, in its sole discretion, not to post the User Content on any website, to remove the User Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your User Content in any manner whatsoever.
No Rights Created by Submission: You recognize that other persons, including NBC Olympics or its employees, may have submitted to NBC Olympics or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your User Content. You acknowledge and agree that NBC Olympics and its Beneficiaries shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of NBC Olympics or its Beneficiaries' use of such similar or identical materials. Nothing in these Terms of Service, or your submission of the Content, shall be deemed to place you in any different position from any other member of the public.
Use of Name and Likeness: By sending NBC Olympics your User Content, you consent to the recording, use and reuse by NBC Olympics and its Beneficiaries, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by NBC Olympics, in their 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 Olympics, or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that NBC Olympics and its Beneficiaries may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.
Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by NBC Olympics or any of its Beneficiaries, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws.
5. Advertising and Links to Other Sites
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, share Content on or with, or participate in or use the services or obtain goods and services of or from, third parties such as third party social media networks (including Facebook and Twitter) our advertisers, sponsors, or promotional partners (collectively, the "Advertisers") as a result of your use of the Site and/or the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
6. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send NBC Olympics a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NBC Olympics to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send NBC Olympics a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: NBC Olympics, 30 Rockefeller Plaza, New York, New York 10112, 212-664-4444, email@example.com. NBC Olympics suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
7. Disclaimer of Warranties
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. NBC OLYMPICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Content that you have posted on the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, NBC OLYMPICS, ITS BENEFICIARIES, DISTRIBUTORS, DISTRIBUTION PARTNERS, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in these Terms of Service may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have NBC Olympics, upon written notice from you to us, attempt to repair, correct or replace any deficient services under these Terms of Service, if repair, correction or replacement is not reasonably commercially practicable for NBC Olympics, to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that NBC Olympics assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or postings or for any failure or delay associated with any User Content or postings that you make, and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
You agree to indemnify and hold each of NBC Olympics, its Beneficiaries, and NBC Olympics' and its Beneficiaries' respective officers, directors and employees, harmless from any claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Service by you, or public posting of your Content. NBC Olympics reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with NBC Olympics in the defense of any such claim, action, settlement or compromise negotiations, as requested by NBC Olympics.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
NBC Olympics may assign its rights and obligations under these Terms of Service and upon such assignment NBC Olympics may be relieved of any further obligation hereunder. You represent to NBC Olympics that you have the authority to register with or visit the Site according to these Terms of Service.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of NBC Olympics, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
These Terms of Service shall be governed by, construed and enforced in accordance with the internal substantive laws of the State of New York, without giving effect to its conflicts of laws provisions, applicable to contracts made, executed and wholly performed in New York. By registering for or entering NBC Olympics, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
10. Export Control
The Site is controlled and operated by NBC Olympics from its offices within the state of New York, United States of America. NBC Olympics makes no representation that materials on the Site are appropriate or available for use outside the U.S. Those who choose to access the Site or use the 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 that local laws are applicable. Software from the Services is further subject to U.S. export controls. No software from the Service may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Special Content Notices.
The following provisions and links apply to certain third party Content made available on the Site by the Associated Press ("AP Material"):
By accessing this Site, you specifically acknowledge and agree that: (a) AP Material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (b) No AP Material nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in the AP Material or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; (d) The Associated Press is an intended third-party beneficiary of these Terms and Conditions and may exercise all rights and remedies available to it (to the extent applicable to AP Material); and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP Material or any portion thereof at any time.
Further terms and conditions relating to AP Material can be found here: ap.org
April, 13, 2012