PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SITE YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THE SITE.

These Terms of Service (the " Terms of Service") apply to the NBC Universal Archives website operated by NBCUniversal Media, LLC] (“NBCUniversal” or “We”), (together, the “Site or Sites”), including all means by which NBCUniversal Archives provides content or services from these Sites to you or receives content from you, such as accessing the Sites online, downloadable software applications, delivery of NBC Universal Archives content to you at your request, mobile versions of the Sites, mobile downloadable applications and services that allow you to submit content to NBC Universal Archives (“Service or Services”). Many of the Services may currently be accessed via the Site.

These Terms of Service are a license that governs your use of the Services, including your use of content from the Site and the Services and your interaction with the Site. This Agreement is in addition to your obligations under the applicable Content License Agreement (if any). In the event of any conflict between this Agreement and the Content License Agreement, the Content License Agreement will control as to the conflicting terms. You may also be required to register to access certain portions of the Sites or certain Content, and there may be additional requirements imposed on you as a result of your registration.

NBC Universal Archives may modify these Terms of Service from time to time in its sole discretion. Each time you use or access the Sites or Services or Content from the Sites via the Services you will be deemed to have accepted any changes to these Terms of Service. NBC Universal Archives 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 Universal Archives.

Ownership and License for the Sites and Services

The Website is owned and operated by NBCUniversal. All aspects of the Website, including, but not limited to the design and “look and feel” thereof and all of the content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof (together with the Marks (as defined below) are referred to herein as “Content”) are as between you and NBCUniversal owned by NBCUniversal and/or its Licensors and/or Content providers.

All elements of the NBC Universal Archives Website, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with NBCUniversal or the Licensors of Content if any, no portion or element of any of the NBC Universal Archives Website or such Websites’ Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Websites, their Content and all related rights shall remain the exclusive property of NBCUniversal and/or its Licensors and/or Content providers unless otherwise expressly agreed.

FOR THE PROTECTION OF NBCUniversal AND ITS SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM NBC AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS)”). If you do not consent to NBCUniversal’s use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by NBCUniversal in writing, you may not:

-deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information;

-violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;

-copy, redirect, or exploit the Site or any Content;

-probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of our customers; or

-use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.

Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle NBCUniversal, Licensors or content providers to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. NBCUniversal in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties NBCUniversal may be entitled to under this Agreement, any applicable Content License Agreement and applicable law. The foregoing is not a limiting statement of NBCUniversal’s or its Content sources’ rights or remedies in connection with any unauthorized use of the Content, breach of the Agreement, or Content License Agreement.

Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by NBCUniversal or its Content Sources. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.

You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms, or (iii) any advertisement inserted on the Site and/or within the Content.. You may not either directly or through the use of any device, software, internet site, web-based 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 NBCUniversal in writing or unless done so using the a clipping service provided by the Site. . 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, or scrape or aggregate Content from the Site. You may not build a business, in whole or in part, utilizing any portion of 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.

To the extent that NBCUNIVERSAL makes Content available to you via a widget, embedded player, rss feed 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, device, or other content protection or access control measure associated with such technology, or any advertisement delivered via such technology.

You are also prohibited from disabling, reverse engineering, modifying, interfering with or otherwise circumventing any technology to allow users to view the Content without: (i) displaying visibly both the 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 the Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

Access to the Site and Availability of Services

You must be 18 years of age to be eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older. This Site and the Services intended for use by residents in the United States of America, its territories and possessions ("U.S.").

You are responsible for any charges incurred in obtaining access to the Site and the Services.

Registration Rules and Requirements

Registration

Registration with NBC Universal Archives Website grants you certain privileges. Registration may be required to access certain Services or Content, to post comments or reviews or to receive email alerts, RSS feeds or other interactive or on demand Services. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if NBCUniversal suspects that your information is untrue or inaccurate, not current, or incomplete, or for any other reason, NBCUniversal may, in its sole discretion, suspend or terminate your membership and/or access to certain Content or refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission and knowledge prior to the time that you notify NBCUniversal of any unauthorized use. You acknowledge and agree that you are responsible for damages, fees or costs resulting from all uses of your account, whether actually or expressly authorized by you.

Passwords

Should NBCUniversal provide to you a password that allows you to access certain parts of the Site or for the Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify NBCUniversal of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Site or the Services at the end of each session to prevent fraud on your account by third parties.

Communications from NBC Universal Archives Website

NBCUniversal may send you newsletters or other communications. You have the option to unsubscribe from such emails. With your permission, NBCUniversal may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may opt-in to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an email to an account that shall be designated for that purpose or by contacting us at footage@nbcuni.com. NBCUniversal reserves the right to send you emails regarding your account or emails containing service updates or other communications relating to the operation of the Site or Services.

Limited License for Screener Usage

Conditioned on your compliance with this Agreement, NBCUniversal grants you a limited license to download Screeners of Content consisting of images solely for evaluating whether you wish to purchase a license to the image according to Content License Agreement applicable to your use (“Screeners”). If you are not a registered user, your Screener license covers only visibly watermarked Content, and does not entitle you to download Content which does not contain a visible watermark. You may use Screeners solely for your internal evaluation and for no longer than sixty (60) days from the date of download solely to determine whether you intend to obtain a non-Screener license for the Content. You may not use a Screener image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. Except for this limited, internal testing and sample use, you are granted no other rights, and you may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the screener outside the scope of this Agreement. To access images without a visible watermark, you must register for an NBCUniversal Archives Website account.

NBCUniversal may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the Content License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at NBCUniversal’s request, return all such copies to NBCUniversal.

Content License Agreement

NBCUniversal may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the Content License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at NBCUniversal’s request, return all such copies to NBCUniversal.

Monitoring

NBCUniversal has no obligation to monitor the use of the Sites or Services by members. You acknowledge and agree that NBCUniversal reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Sites or Services for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Sites or Services constitutes consent to such monitoring. Furthermore, NBCUniversal reserves the right at all times to disclose any information in any User Content posted on any portion of the Sites or Services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in the sole and absolute discretion of NBCUniversal are objectionable or in violation of these Terms of Service.

Merchants

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Sites or 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. NBCUniversal 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 the Sites or Services.

Disclaimers

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO NBC UNIVERSAL ARCHVIES SITES OR SERVICES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY NBC UNIVERSAL ARCHIVES  SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NBCUNIVERSAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. NBCUNIVERSAL DOES NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NBC UNIVERSAL ARCHIVES SITES, SERVICES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NBCUNIVERSAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST NBCUNIVERSAL, ITS LICENSORS AND CONTENT PROVIDERS WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

NBCUniversal is not responsible for any incorrect or inaccurate Content posted on the Service or in connection with NBCUniversal Archives Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Inclusion of any linked website on the Sites or Services does not imply approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. NBCUniversal is not responsible for the conduct, whether online or offline, of any User of our Sites or Services. NBCUniversal assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content. NBCUniversal is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall NBCUniversal be responsible for any loss or damage, including personal injury or death, resulting from use of NBC Universal Archives, from any Content posted on or through NBCUniversal, or from the conduct of any Users of the Services, whether online or offline.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NBCUniversal, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY NBC UNIVERSAL ARCHIVES SITE, SERVICE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF AN NBC UNIVERSAL ARCHIVES SITE, SERVICE OR ANY OTHER PERSON OR ENTITY, EVEN IF NBCUniversal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NBCUniversal’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL NBCUniversal, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless NBCUniversal, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Sites or Service; (c) any breach of any of the representation, warranties or other terms or conditions relating to use of User Content you supply (d) any non-compliance by you with the terms and conditions of these Terms of Service; and (e) claims brought by persons or entities other than the parties to these Terms of Service arising from or related to your access and use of the Sites, Services, including the information obtained through the Sites or Service.

Termination

NBCUniversal may, in its sole discretion, terminate your password, account (or any part thereof) or use of any Sites or Services, or remove and discard any User Content or communication transmitted by you, or information stored, sent, or received via the Sites or Services without prior notice and for any reason, including, but not limited to: (i) permitting another person or entity to use your Registration information to access a Site or Service, (ii) any other access or use of the Site or Service except as expressly provided in these Terms of Service, (iii) any violation of the terms and conditions of these Terms of Service including the rules and regulations relating to the use of, the Content, Sites or Services, (iv) tampering with or alteration of any of the Content, Sites or Services. You may terminate your registration by closing your Registration account, and you may also provide thirty (30) days written notice by you to by NBCUniversal of your intent to terminate these Terms of Service. Termination, suspension, or cancellation of these Terms of Service or your access rights shall not affect any right or relief to which NBCUniversal may be entitled, at law or in equity. Upon termination of these Terms of Service all rights granted to you will automatically terminate and immediately revert to NBCUniversal and its licensors and all rights granted by you to NBCUniversal shall survive in perpetuity.

Infringement Policy

NBCUniversal, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Sites or the 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. NBCUniversal accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), NBCUniversal has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to NBCUniversal in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By mail:

Gillian M. Lusins

NBC Universal Law Department

30 Rockefeller Plaza, Rm. 1087E

New York, New York 10112

By e-mail:

dmca.agent@nbcuni.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Modification

NBCUniversal reserves the right, in its sole discretion, to amend these Terms of Service, and to modify, add or discontinue any aspect, content, or feature of the Sites or the Services. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Sites and/or Services by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

Export Control

Unless otherwise specified, the materials on the Sites and Services are presented solely to provide information regarding and to promote NBCUniversal’s Services and other products available in the United States, its territories, possessions and protectorates. The Sites and Services are controlled and operated by NBCUniversal Local Media from its offices within the State of New York, United States of America. NBC Local Media makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Sites and Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Sites and Services are further subject to United States 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 using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A., regarding any and all disputes relating to these Terms of Service or your use of the Sites and Services. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms of Service are material terms of these Terms of Service and that they have been taken into account in the decision by NBC Local Media to provide the Sites and Services hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of NBCUniversal. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service.

Mediation/Arbitration

PLEASE READ CAREFULLY. UNDER THIS SECTION 19, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR SUBMISSION. IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE COUNTY OF NEW YORK AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES, BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET FORTH ABOVE, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN THE COUNTY OF NEW YORK, AND ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE "JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN NE YORK OR A RETIRED JUDGE. ANY APPELLATE PANEL SHALL CONSIST OF THREE NEUTRAL MEMBERS, SUBJECT TO THE FOREGOING REQUIREMENTS. ALL ARBITRATION PROCEEDINGS, INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, AND THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE CONFIDENTIAL. THE ARBITRATOR'S DECISION SHALL BE CONTROLLED BY THE TERMS OF THESE TERMS OF SERVICE. UPON CONCLUSION OF ANY ARBITRATION PROCEEDINGS HEREUNDER, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION HE OR SHE HAS REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE AGREEMENTTHE ARBITRATION ALONG WITH A SIGNED COPY OF THE AWARD. ANY JUDGMENT UPON AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT IN THE COUNTY OF NEW YORK, NEW YORK HAVING JURISDICTION OF THE SUBJECT MATTER HEREOF. YOU MAY COMMENCE AN ACTION AT LAW FOR THE SOLE PURPOSE OF ENFORCING AN ARBITRATION AWARD. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST NBC LOCAL MEDIA, NBCUniversal, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, ITS LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF ANY USE OR NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT NBCUniversal MAY NONETHELESS (1) SEEK TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE TERMS OF SERVICE, AND (2) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THESE TERMS OF SERVICE WITHIN SIX MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE PURSUANT TO THESE TERMS OF SERVICE WITH RESPECT TO ANY CLAIM AGAINST YOU.

Member Disputes

You are solely responsible for any interaction with other members or visitors to the Sites or Services, and NBCUniversal reserves the right but shall have no obligation to monitor disputes between you and any other member of NBCUniversal.

Notice for California Users

Under California Civil Code Section 1789.3, California users of NBC Local Media Sites and 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(916) 445-1254 or (800) 952-5210(800) 952-5210 FREE

 

Updated on February 3, 2011.