Effective date MARCH 25, 2019
Welcome to the Shops at NBCUniversal!
The Shops at NBCUniversal is a content and retail platform (“The Shops”), which is offered and operated by NBCUniversal Content Commerce, LLC (“NBCUniversal”, “we”, “our” or “us”).
PLEASE READ CAREFULLY, AS THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION.BY USING THE SHOPS, YOU AGREE TO THESE TERMS OF SERVICE.
TABLE OF CONTENTS
Acceptance and Updates to these Terms of Service
Each time you access or use The Shops, you agree to be bound by these Terms of Service and any additional terms that will apply prospectively to you. You agree that you will receive notice of any material changes that we make to these Terms of Service, by posting these changes through The Shops. Learn More.
Registration and Account Security
You must provide accurate and up-to-date information when you create an account with The Shops. Your account with The Shops is for individual use only and you are responsible for maintaining the confidentiality of your account credentials. Learn More.
Shops Retailers, Product Purchases, Shipping and Returns
Products, pricing and product availability are subject to change, and orders can be declined or cancelled where the information or pricing is incorrect. The Shops includes products that are offered and fulfilled by third-party sellers (“Shops Retailer(s)”). If you purchase a product from a Shops Retailer, we share certain information with that Shops Retailer in order to permit the Shops Retailer to fulfill and ship your order, process returns, and provide related service. Products purchased from a Shops Retailer can only be returned to that individual Shops Retailer. Learn More.
Children’s Online Privacy Protection Act Notification
The Shops are not designed or intended for use by children. Learn More.
We grant you a limited revocable license to use The Shops for your own non-commercial use only, subject to certain rules and limitations. Learn More.
Wireless and Location-Based Features; Social Media Plug-Ins
Wireless carrier charges may apply to use of The Shops via wireless networks or devices and geo-location details. Learn More.
Your Conduct and Acceptable Use
Your use of The Shops is subject to our rules regarding acceptable conduct and practices. Learn More.
NBCUniversal may, but has no obligation to, monitor your use of The Shops. Learn More.
User Content; Grant of Limited License
You grant us a broad license to use any content that you post on The Shops and you bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on The Shops. You also grant us all rights in any feedback or submissions that you provide to us. Learn More.
Disclaimer of Warranties
We disclaim warranties and provide The Shops "As- Is." Learn More.
Exclusion of Damages
You agree that you are entitled to no damages for any claims related to your use of The Shops, except as set out below. Learn More.
Limitation of Liability; Applicability of Disclaimers; Exclusions and Limits
Our liability to you is limited. Learn 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 The Shops. Learn More.
Third Party Affiliate Marketing
We may participate in affiliate marketing and may allow third-party affiliate links to be encoded on The Shops. This means that we may earn a commission when you click on or make purchases via third-party affiliate links on The Shops. Learn More.
You agree to indemnify us for material posted by you or through your account. Learn More.
Reservation of Rights
We reserve the right to modify or discontinue The Shops at any time. Learn More.
We may terminate your account, password or access to The Shops in our sole discretion at any time and without prior notice. Learn More.
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 The Shops. Learn More.
The Shops is provided to you from within the U.S., and there are additional legal restrictions for those subject to U.S. export controls. Learn More.
Binding Arbitration of All Disputes; No Class Relief
You agree to arbitrate and waive jury trial and class actions. Learn More.
Dispute Resolution for Non-U.S. Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law
Non-U.S. residents agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law. Learn More.
You are solely responsible for your communications with members or visitors to The Shops. Learn More.
Notice to California Users
Residents of California are entitled to specific consumer rights information. Learn More.
By clicking to indicate your agreement, or by accessing and using The Shops, you agree to certain terms regarding: the applicable law and venue; no waiver; the enforcement and interpretation of these Terms of Service; your limited time to file claims; and 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. Learn More.
Terms Applicable for Apple iOS
There are some other things you should know if you are accessing or using The Shops through an Apple device. Learn More.
1. Acceptance and Updates to these Terms of Service
Thanks for choosing The Shops!
may also be referred to together as the "Agreements").
Some areas of The Shops may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Service regarding use of The Shops, unless otherwise expressly stated.
Occasionally we may make changes to The Shops and Agreements. When we make material changes to the Agreements, we’ll notify you through updates posted on The Shops. By continuing to use The Shops after those changes are made, you are expressing and acknowledging your acceptance to those changes. In other words, each time you use The Shops you are entering into a new agreement with NBCUniversal on the then applicable Terms of Service, FAQs
and any additional terms. Therefore, you should review the posted Terms of Service, FAQs
and any additional terms each time you use The Shops (or at least prior to each transaction). You can reject any new or revised Terms of Service, FAQs
or additional terms by discontinuing use of The Shops.
You agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of The Shops or these Terms of Service.
2. Registration and Account Security
Registration and Account Security.
If you register and create an account with The Shops (your “Shops Account”), or make a purchase via guest checkout, you agree to provide true, accurate and current information. Your Shops Account is for your individual use only. You are solely responsible for maintaining the security and confidentiality of the username and password you use to access your Shops Account. You are also solely responsible for all activities associated with your Shops Account, including without limitation any purchases through your Shops Account. You agree to immediately notify NBCUniversal of any unauthorized use of your password or Shops Account or any other breach of security.
Use of Third-Party Payment Processor.
NBCUniversal uses a third-party payment processor (the “Payment Processor”) to process your payments in connection with your orders from The Shops. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. NBCUniversal is not responsible for errors made by the Payment Processor. By choosing to purchase products via The Shops, you agree to pay NBCUniversal, through the Payment Processor, all charges at the prices then in effect for any purchase of products in accordance with the applicable payment terms and you authorize NBCUniversal, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”).
Your Payment Method.
You agree you have the legal right to use the Payment Method you provide and you agree to make payment using that selected Payment Method. NBCUniversal reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. The financial institution, credit card issuer or other provider of your chosen Payment Method must be located within the United States. If NBCUniversal, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due on your Shops Account upon demand. Completion of a payment transaction is contingent upon: (a) your providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment.
NBCUniversal may, in its sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. NBCUniversal may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use The Shops in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use The Shops in breach of these Terms of Service; (iii) if NBCUniversal suspects fraudulent, unlawful or improper activity regarding a payment; (iv) if NBCUniversal detects, in its sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested. Refunds and exchanges shall be subject to the terms set forth herein, as may be updated from time to time.
Collection of Tax.
We will collect applicable sales and seller’s use tax on sales made to all state and local jurisdictions. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell.
3. Shops Retailers, Product Purchases, Shipping and Returns
The Shops includes products that are offered and fulfilled by third party sellers (“Shops Retailer(s)”).
Fulfillment, Shipping and Delivery.
If you purchase a product from a Shops Retailer, we will share certain information (including your name and address) with that Shops Retailer in order to permit the Shops Retailer to fulfill and ship your order, process returns, and provide related service. We require all Shops Retailers to keep your information secure. By purchasing a product from a Shops Retailer, you acknowledge and agree that such an order will be fulfilled by the third party Shops Retailer and not by NBCUniversal. Shipping information is available on the check-out page before you complete your order and in our FAQs
. Customer service information is available on the Contact Us
Returns and Refunds.
Products purchased from a Shops Retailer must be directly returned to the Shops Retailer from whom the product was purchased, in accordance with The Shops Return Policy
. In some cases, the return or refund policy of a Shop Merchant may differ from The Shops policies; if that is the case, the Shop Retailer’s policy will be stated within the Return Policy
How to Order Through The Shops.
When ordering, please follow all ordering instructions carefully. For products you order on The Shops, you agree to pay the price, delivery fees, and applicable taxes. The prices displayed are quoted in U.S. dollars and are valid and effective only in the United States. When you purchase products through The Shops, you will receive an order confirmation email acknowledging receipt of your order and the items purchased (“Order Confirmation”). This Order Confirmation does not mean that your order has been accepted by NBCUniversal or the Shops Retailer(s). Your order is deemed accepted once it has been shipped. Any delivery dates provided on The Shops or in emails are estimates. When all or portions of your order are shipped, you will receive an email confirming shipment (“Shipping Confirmation”).The Shipping Confirmation may include links to track or check the status of your order shipment.
Prices, Availability, Errors and Product Descriptions.
Products on The Shops are subject to change without notice. The Shops contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on The Shops may be incorrectly priced, the quantity or availability of a product may have changed just prior to your placing an order or other errors or inaccuracies may be displayed on the product page.
Where a product's correct price is less than the stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on The Shops, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after an Order Confirmation or a Shipping Confirmation has been sent, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
Unless indicated otherwise, most products featured on The Shops will be available while supplies last. On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of the product. You acknowledge that products may sell quickly and for a short period of time, listed products may become unavailable, even in cases where you were able to submit your order. You also agree that we may cancel your order without penalty even after you have received an Order Confirmation. On rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory, our third party fulfillment provider's inventory, or a Shops Retailer’s inventory. You agree that we may cancel your order without penalty if the product you ordered is unable to ship due to unavailability.
Correcting Errors; Cancellation of Orders.
We reserve the right to correct any errors, inaccuracies or omissions on a product page. We have the right to decline or cancel an order (in whole or in part), prior to its acceptance or through refund of the amount charged, if it is discovered that the product information or pricing listed on The Shops is incorrect. If you have already received your order, we will do our best to resolve any concerns you may have.
We have made a conscientious effort to display the products on The Shops accurately so that you can get a good idea of the color, design, texture, sizes, look and configuration of the products featured. However, the detail and accuracy of the images of the products that you see as a visitor to The Shops will depend on a number of things, including your computer equipment and Internet connections. Consequently, we cannot and do not guarantee that the product images available to you on The Shops are accurate in every detail. Further, we attempt to be as accurate as possible with our product descriptions. However, we are human, and therefore we do not warrant that product descriptions or other content made available through The Shops are accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging. Product listings also may contain ratings and reviews obtained from third parties. Product reviews are the opinions of such third parties.
We will only ship items to locations within the continental United States.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In such orders, individual packages may be shipped out together so that they arrive at the same time; however, when that may not be possible, shipping may commence by shipping individual packages in the order that items are available for shipment and when conditions permit. In such instances, notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time.
All packages sent have a separate tracking number and you will receive tracking information in the Shipment Confirmation.
Risk of Loss.
All items purchased through The Shops are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item to the carrier.
4. Children’s Online Privacy Protection Act Notification
The Shops NBCUniversal is not designed or intended for use by children under the age of 13.
Pursuant to 47 U.S.C. Section 230(d) as amended, NBCUniversal hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org
5. Permitted Uses
The Service contains material and products that are derived in whole or in part from material and products supplied and owned by NBCUniversal as well as third parties (collectively, “Content”). As between NBCUniversal and you, NBCUniversal 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 The Shops and Content.
Your use of The Shops shall be limited solely to your personal and non-commercial use. You acknowledge NBCUniversal’s valid intellectual and proprietary property rights in The Shops and Content and agree that your use of The Shops is limited to the online access, viewing and purchasing of Content, all solely as authorized by NBCUniversal. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to The Shops or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use your account to view and purchase Content at any time on all of your Devices. 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 The Shops or Content, (ii) any digital rights management mechanism or other content protection or access control measure associated with The Shops or Content, or (iii) any advertisement on The Shops 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 The Shops or Content unless expressly permitted by NBCUniversal in advance in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make The Shops or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Service 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 The Shops. 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 The Shops or Content, whether or not for profit.
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 display functionality and all interactive, elective or click-through advertising functionality.
has been supplemented by the provisions contained in these Terms of Service, and in our FAQs
, which forms part of these Terms of Service.
and Tracking (Cookies) Technologies Policy,
7. Wireless and Location-Based Features; Social Media Plug-ins
The online 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 the online services’ features and upload content to the online services, receive messages from the online 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.
Terms of Wireless Features.
If you have registered via the online services for Wireless Features, then you agree to notify NBCUniversal of any changes to your wireless contact information (including phone number) and update your accounts on the online services to reflect the changes.
In addition, where any NBCUniversal 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 – other non-NBCUniversal products exist today that may be used specifically for these purposes.
Social Media Plug-Ins.
Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (amongst others) are integrated on our Site and other online services. Where our online services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose 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 and 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 online 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 permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).
to find out more about how our Sites contain plug-ins to social media networks.
8. Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to The Shops. You are responsible for the content of your communications (including User Content (as defined in Section 10
) via The Shops.
- No Interference. You may not interfere with any other user's ability to use or enjoy The Shops.
- No Bullying. You may not use The Shops 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 The Shops or Our Servers. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on The Shops or its servers and infrastructures. 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 The Shops, or to obtain unauthorized access to The Shops 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 The Shops, Content or any information contained therein for any unlawful purpose. NBCUniversal, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of The Shops 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 The Shops, 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 The Shops 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 the Law. You may not take any action on or through The Shops 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. To the maximum extent permitted by law, we reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to The Shops or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
Furthermore, NBCUniversal reserves the right at all times to disclose any information posted on any portion of The Shops 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 NBCUniversal’s sole and absolute discretion are objectionable or in violation of these Terms of Service.
10. User Content; Grant of Limited License
You may post, upload and/or contribute content to The Shops (“User Content”). You are solely responsible for any User Content you provide and for any consequences thereof. You represent that you have the right to post any User Content which you post to The Shops, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property or publicity rights of others.
You grant us a worldwide, royalty-free, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content. This license lasts until you terminate your account, except in the case of User Content that you have published, made public and/or shared with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to The Shops, except that, where applicable under the laws your jurisdiction, you agree to waive your right to be identified as the author of any User Content.
NBCUniversal is not responsible for User Content nor does it endorse any opinion contained in User Content.
For some features of The Shops, 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. You acknowledge that you have no expectation of privacy with regard to any User Content.
To the maximum extent permitted by law, you are solely responsible for your own User Content. This means that you, and not NBCUniversal, 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 The Shops. You understand that by using The Shops, you may be exposed to User Content that is offensive, indecent, or objectionable.
Further, you acknowledge and agree that any comments, suggestions, feedback, ideas, materials or other submissions that you provide to us by using The Shops or which are otherwise provided to us in connection with your use of The Shops (“Suggestions”) will become our property. The act of providing any such Suggestions constitutes an assignment from you to us of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Suggestions you provide to us. We will be under no obligation to use any Suggestion provided by you in any way or to respond to any such Suggestion.
11. Disclaimer of Warranties
While NBCUniversal uses reasonable efforts to include current information on The Shops, NBCUniversal makes no warranties or representations as to The Shops’ accuracy, timeliness, reliability, completeness or otherwise.
WE PROVIDE THE SHOPS ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBCUNIVERSAL, NBCUNIVERSAL MEDIA, LLC, THEIR PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SERVICE PROVIDERS AND SUPPLIERS (COLLECTIVELY, THE "PROVIDER PARTIES") DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE PROVIDER PARTIES DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SHOPS OR THE GOODS OR SERVICES OFFERED FOR SALE ON THE SHOPS. THE PROVIDER PARTIES DO NOT WARRANT THAT THE SHOPS, OR YOUR ACCESS TO OR USE OF THE SHOPS 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 PROVIDER PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SHOPS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHOPS OR THE SERVERS THAT MAKE THE SHOPS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER 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 THE SHOPS OR ANY WEB SITES LINKED THERETO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE SHOPS IS AT YOUR SOLE RISK. THE PROVIDER PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES
, SERVICE OR OTHER CONTENT ON THE SHOPS OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PROVIDER PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SHOPS OR ANY OTHER SERVICES. WITHOUT LIMITING THE FOREGOING, YOU AGREE TO LOOK SOLELY TO THE APPLICABLE PRODUCT MANUFACTURER OR SHOPS RETAILER, AND NOT TO THE PROVIDER PARTIES, FOR ANY AND ALL WARRANTIES (IF ANY) ON OR WITH RESPECT TO THE PRODUCTS PURCHASED VIA THE SHOPS.
THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE PROVIDER PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATING TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, LOST OPPORTUNITY COSTS, PURCHASE OF REPLACEMENT PRODUCTS, AND/OR TIME OF ASSEMBLY ARISING OR RESULTING FROM YOUR RECEIPT OF INCORRECT OR INCOMPLETE PRODUCTS THAT YOU RECEIVED AS A RESULT OF A PURCHASE VIA THE SHOPS) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR THE SHOPS. THIS LIMITATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF NBCUNIVERSAL OR ANOTHER PROVIDER 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 PROVIDER PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE OR THE SHOPS. WITHOUT LIMITING THE FOREGOING, THE PROVIDER PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 2 ABOVE (REGISTRATION AND ACCOUNT SECURITY) OR (2) CONTENT POSTED TO THIS SITE OR THE SHOPS BY YOU OR ANY THIRD PARTY.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
13. Limitation of Liability; Applicability of Disclaimers; Exclusions and Limits
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PROVIDER PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SHOPS OR THESE TERMS OF SERVICE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO NBCUniversal IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, PROVIDER 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.
14. We Are Not Responsible for Third-Party Websites and Content
For your convenience, The Shops may provide links to websites of other persons or entities ("Third-Party Websites"). HOWEVER, SUCH THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY NBCUNIVERSAL. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBCUNIVERSAL (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 THE SHOPS DOES NOT IMPLY AN ENDORSEMENT BY NBCUNIVERSAL. 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.
15. Third Party Affiliate Marketing
We may participate in affiliate marketing and may allow third-party affiliate links to be encoded on The Shops. This means that we may earn a commission when you click on or make purchases via third-party affiliate links on The Shops.
You agree to defend, indemnify and hold harmless the Provider 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 NBCUniversal'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 user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of The Shops; and (d) any breach of any representation, warranty or other terms or conditions relating to use of your User Content or The Shops.
17. Reservation of Rights
NBCUniversal reserves the right to modify or discontinue, temporarily or permanently, all or any part of The Shops and/or any software, facility or service, with or without notice, and/or to establish general guidelines and limitations on their use.
To the maximum extent permitted by law, NBCUniversal may, in its sole discretion, terminate your password, account (or any part thereof) or use of The Shops, or remove and discard any User Content or information stored, sent, or received via The Shops 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 The Shops, (ii) any unauthorized access or use of The Shops, (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, The Shops. 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 The Shops shall not affect any right or relief to which NBCUniversal 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 NBCUniversal and its licensors and all rights granted by you to NBCUniversal shall survive in perpetuity.
19. Infringement Policy
NBCUniversal respects the intellectual property of others, and we ask our users to do the same. The Service and materials incorporated by NBCUniversal therein are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by NBCUniversal in The Shops are also protected as registered or unregistered trademarks, trade names and/or service marks owned by NBCUniversal or others.
To the fullest extent permitted by law, NBCUniversal, pursuant to applicable law, reserves the right, but not the obligation, to terminate your license to use The Shops 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. Therefore, 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:
NBCUniversal Content Commerce, LLC
c/o NBCUniversal Media, LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
20. Export Control
The Shops are controlled and operated by us from our offices within the State of New York. You hereby represent and warrant that (A) you are not located in a country that is (i) subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); or (ii) on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; (B) you are not listed on any U.S., United Nations Security Council (UNSC), UK or EU government list of prohibited or restricted parties, including the list of Specially Designated Nationals and Blocked Persons administered by the U.S. Treasury Department or the U.S. Commerce Department’s Denied Persons List; and (C) you are not otherwise the target of U.S., UNSC, UK or EU economic sanctions. You may not access, download or otherwise use any of The Shops services in violation of United States, UNSC, UK or EU export control or economic sanctions laws and regulations. Software in or from the The Shops are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws, including without limitation to any end user in a U.S. embargoed country or territory or an end user included on any U.S, UNSC, UK or EU government list of prohibited or restricted parties.
21. Binding Arbitration of All Disputes; No Class Relief
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SHOPS AT NBCUNIVERSAL SERVICE WILL BE RESOLVED BY BINDING, MANDATORY ARBITRATION RATHER THAN IN COURT AND IN YOUR INDIVIDUAL CAPACITY ONLY. YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
This Section 21 is deemed to be a “written agreement to arbitrate” pursuant to the U.S. Federal Arbitration Act. You and NBCUniversal agree that we intend that this Section 21 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 21 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 21 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 and to the fullest extent permitted by applicable law, if you have any dispute or disagreement with us regarding (i) your use of or interaction with The Shops (including this Site), (ii) any purchases or other transactions or relationships with NBCUniversal made through The Shops, or (iii) any data or information you may provide to NBCUniversal or that NBCUniversal may gather in connection with such use, interaction or transaction conducted through The Shops (collectively, “NBCUniversal Transactions or Relationships”), YOU WILL NOT HAVE THE RIGHT TO PURSUE A CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. To the extent permitted by applicable law, by clicking to indicate your agreement to these Terms of Service and by using or interacting with the Site or The Shops, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree to binding arbitration as provided below. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
, or any NBCUniversal Transactions or Relationships, shall be resolved exclusively by final, and binding, and confidential arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness or successor or analogous policies in effect which would be applicable to the matter in dispute (“Minimum Standards”), NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 21, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart E or I below. Furthermore, this Section 21 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
- 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 NBCUniversal (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 21, 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 pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
- 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, unless the laws of your jurisdiction require the application of your local laws; (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, or, to the extent required by applicable law, your local jurisdiction’s rules of procedure; (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 NBCUniversal’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, NBCUniversal 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 NBCUniversal’s last written settlement offer, the Arbitrator shall also have the right to include in the Award NBCUniversal’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but NBCUniversal 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 NBCUniversal shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
- Confidentiality of Arbitration.
You and NBCUniversal agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or court order.
Modification of Arbitration Clause with Notice NBCUniversal may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after NBCUniversal has given notice of such modifications and only on a prospective basis for claims arising from NBCUniversal Transactions and Relationships occurring after the effective date of such notification.
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 NBCUniversal in small claims court in New York (or your local equivalent) 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.
22. Dispute Resolution for Non-U.S. Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 22 applies to non-U.S. residents only, where applicable law prohibits arbitration of disputes in accordance with Section 21 above.
- Section 22 disputes.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to The Shops, Content, these Terms of Service, whether heretofore or hereafter arising, or to any of NBCUniversal’s actual or alleged intellectual property rights (collectively, a "Section 22 Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the Section 22 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 22(A). Your notice to us must be sent to:
NBCUniversal Content Commerce, LLC
c/o NBCUniversal Media, LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
For a period of sixty (60) days from the date of receipt of notice from the other party, NBCUniversal and you will engage in a dialogue in order to attempt to resolve the Section 22 Dispute, though nothing will require either you or NBCUniversal to resolve the Section 22 Dispute on terms with respect to which you and NBCUniversal, in each of our sole discretion, are not comfortable.
The parties agree that the state or federal courts in the State of New York (or, if required by applicable law, the courts in your local jurisdiction) shall have non-exclusive jurisdiction of any Section 22 Dispute.
- Governing Law.
To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Service and any Section 22 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 (or, if required by applicable law, the laws of your local jurisdiction) 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 22 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 22(A) ABOVE) WITHIN ONE (1) YEAR AFTER THE SECTION 22 DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
- Injunctive Relief.
The foregoing provisions of this Section 22 will not apply to any legal action taken by NBCUniversal to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to The Shops, any Content, your User Content and/or NBCUniversal’s intellectual property rights, NBCUniversal’s operations, and/or NBCUniversal’s products or services.
23. Member Disputes
You are solely responsible for any
interaction with other members or visitors to The Shops, and NBCUniversal reserves the right, but shall have no obligation, to monitor disputes between you and any other user of The Shops.
24. Notice to California Users
Under California Civil Code Section 1789.3, California users of the online 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; hearing impaired at (800) 326-2297).
No failure or delay by NBCUniversal 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.
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 parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
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 NBCUniversal’s prior written consent.
26. Terms Applicable for Apple iOS
If you are accessing or using The Shops 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 The Shops through an Apple Device, you acknowledge that these Terms of Service are entered into between you and NBCUniversal 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 5 of 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 The Shops.
You acknowledge that NBCUniversal, and not Apple, is responsible for providing The Shops and any Content therein.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to The Shops.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to The Shops.
Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to The Shops, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that The Shops fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in Section 11, Section 12 and Section 13 above, NBCUniversal’s liability to you for use of The Shops is greatly limited.
Further, you agree that if The Shops, or your possession and use of The Shops, 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 The Shops, you must comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with The Shops.