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Acceptance of Terms of Service
These Terms of Service ("TOS") apply to the Stringwire mobile application (the "Mobile App"), as well as any related website or other service (the “Site”), which we now provide or choose to make available (collectively, “Stringwire”) to you (“You” or “Your”) and other users of Stringwire (collectively “Users”). Stringwire is operated by NBCUniversal Media, LLC and its affiliates and subsidiaries (“NBCUniversal” or “We”, “Our” or “Us”). If You do not agree with any of these TOS, including the Privacy Policy incorporated herein, please do not use Stringwire. By using Stringwire, You are deemed to have irrevocably agreed to these TOS.
We may modify, revise and reissue these TOS prospectively from time to time in Our sole discretion. You should check the home page of the Mobile App and the Site on a regular basis. You agree that Your continued use or accessing of Stringwire following the posting of any changes to the TOS constitutes notice of any such updates and Your irrevocable acceptance of such changes. You should check the Stringwire home page and the e-mail You associated with Your account for notices, all of which You agree are reasonable means of providing You notice. Where any direct conflict exists between these TOS and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence.
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Permitted Uses
By using Stringwire, You are permitted to film, stream, edit, access, view, upload and download Your content and the content of other Stringwire Users posted on Stringwire (collectively “User Content”) and use other User Content as authorized by the User Content License located in Paragraph 3 of these TOS. User Content posted on Stringwire contains meta data and may contain encoding or other watermarks. 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 any watermark or other encoding embedded on User Content and used for attribution purposes. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on Stringwire or its servers and infrastructures. You agree not to circumvent, disable or otherwise interfere with security-related features or any other features that prevent or restrict use or copying of any content or enforce limitations on use of Stringwire or the content therein.
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User Content License
By filming and streaming Your User Content on Stringwire, You hereby grant NBCUniversal and other Users and their licensees, affiliates, successors and assigns a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, fully sub-licensable license to:
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Use, distribute, sublicense, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your User Content;
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Incorporate Your User Content into other works, in whole or in part, in any format or medium or manner now known or later developed, and to make any technical modifications necessary to do so, and use, distribute, sublicense, reproduce, modify, adapt, publish, translate, publicly perform and publicly display those works;
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Sell, license, assign and otherwise transfer your User Content and content created containing your User Content and otherwise exploit any and all of the rights granted by You under these TOS.
You acknowledge and agree that NBCUniversal and other Users, their licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from the exercise of the license granted by You, including revenue from sales, licenses, assignments and other transfers of the rights granted by You to User Content hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with uses by NBCUniversal and other Users of Your User Content.
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Ownership of User Content: Except for the license granted by You as expressly set forth in these TOS, You shall continue to own all rights in and to Your User Content. To the extent Your User Content contains materials or elements owned by You or any third parties, such as logos, slogans, characters or other elements protected by copyright, trademark or other laws, Your and any User’s rights to make any other use of Your User Content will continue to be governed by and may be limited by other applicable laws and the rights of any third party.
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Attribution. It is a condition of the User Content License that You provide attribution to the creator of any User Content used by you (“Attribution”). Attribution means identifying the User(s) responsible for the User Content used by You in a manner visible to the public either on, or in direct proximity to, the User Content as used by You. Attribution must include the name or social media handle of the User, a license notice, and a Stringwire URL that links the User Content and, inclusion of the Stringwire logo if it is part of the User Content. You agree that You will be identified by NBCUniversal by your social media account name (if available). NBCUniversal is not responsible and will not enforce whether Users provide Attribution to other Users for use of User Content.
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Liability for User Content: You represent and warrant that You own any and all User Content that You stream or upload to Stringwire, or otherwise have sufficient rights in such User Content to grant to other Users the foregoing license without infringing or violating the rights of any third party. You, and not NBCUniversal, are entirely responsible and liable for any claims, loss or damages relating to all User Content that You upload, post, and email or otherwise transmit via Stringwire. You are responsible for any use You make of User Content posted by other Users. You understand that User Content may contain intellectual property that is not owned or controlled by the User, including trademarks, logos and copyrighted content. You are solely responsible for determining if your intended use of User Content required additional clearance or permission. NBCUniversal, its affiliates, and its officers, directors, and employees, subsidiaries and/or affiliates are not responsible for User Content, nor shall they have any liability for any such User Content. We do not have any obligation to investigate, monitor or check User Content, although We may do so, and We reserve the right to remove User Content, including User Content that includes trademarks, logos, or other content owned by NBCUniversal. You understand that by using Stringwire, You may be exposed to User Content that is offensive, indecent, or objectionable.
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Attribution. It is a condition of the User Content License that You provide attribution to the creator of any User Content used by you (“Attribution”). Attribution means identifying the User(s) responsible for the User Content used by You in a manner visible to the public either on, or in direct proximity to, the User Content as used by You. Attribution must include the name or social media handle of the User, a license notice, and a Stringwire URL that links the User Content and, inclusion of the Stringwire logo if it is party of the User Content. You agree that You will be identified by NBCUniversal by your social media account name (if available). NBCUniversal is not responsible and will not enforce whether Users provide Attribution to other Users for use of User Content.
Use of Name and Likeness:
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License to name and likeness: By posting User Content on Stringwire, You consent to the recording, use and reuse by Us and other Users, Our and their licensees, successors and assigns, of Your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, social media handle, personal website URL, and any other identifying information, including, without limitation, any information contained in Your User Content (collectively, “Personal Elements”), as used, edited, altered, or modified by Us and other Users, in Our and their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in connection with any television programs and other productions.
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Clearance of Name and Likeness: You are responsible for obtaining any necessary consent or permission from any individual in User Content for any use of User Content, and You are responsible for determining what permissions are legally required for any use of User Content. The Stringwire User Content license does not convey any right to use any individual’s name and likeness for advertising or merchandising purposes. While Users who post User Content agree to the name and likeness license set forth above, You and not NBCUniversal, are legally responsible for ensuring You have appropriate clearances for any use You make of User Content.
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No endorsement: Nothing in this User Content license constitutes or may be construed as permission to assert or imply that You are, or your use of any User Content is, connected with, sponsored or endorsed by any User who films User Content or anyone entitled to attribution pursuant to the User Content license.
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You Agree to Our Location Tracking
Stringwire contains geolocation tracking features that Stringwire will use for a variety of purposes. By downloading and using Stringwire, You agree that We may collect, retain, and process information about Your current location and the locations where You have used Stringwire to record and share video. Stringwire has an optional tracking feature that can be turned off. We will use Your geolocation information in the following ways:
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Based on Your current or previous geolocation, We may contact You via email or Twitter or any other means You have provided to Us to ask if You wish to turn Stringwire on and film in Your current locale.
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When You film User Content on Stringwire, we will track and record Your current location, store that information, and transmit it with Your User Content, so that it can be viewed by other Users. You may turn Stringwire’s optional location feature off and the location will not be transmitted to other Users. While Stringwire will endeavor to ensure that your location is not transmitted if you turn off the tracking feature, we cannot guarantee technical errors may not occur that cause your location to be transmitted to other Users. We may also choose to use the Stringwire location tracking for tagging or check-in. We may use Your location information to serve You advertisements and provide You with content that may be of interest to You.
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Please review Our Privacy Policy for further information. Our use of Stringwire location tracking data may vary depending on the laws of the country in which You are located. You can terminate device location tracking by Us by uninstalling the Mobile App or Site feature(s).
The location-based services offered in connection with Our Mobile App or Site feature(s) are for individual use only and should not be used or relied on as an emergency locator system for any business or enterprise 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.
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You Agree to Our Privacy Policy
Your privacy is important to Us. To better protect Your privacy, We provide a notice explaining Our online information practices and the choices You can make about the way Your information is collected and used on Stringwire. Click here to show this notice, which forms part of these TOS.
Any personal details and data acquired by Us from Your participation on Stringwire will be used in accordance with the Stringwire Privacy Notice and the NBCUniversal Full Privacy Policy, Mobile Apps Policy and Cookies and Tracking Technologies Policy including targeted advertising and tracking information We collect automatically.
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Access to the Site and Availability of Services
Stringwire is intended for use by individuals who are over the age of 18 and reside in the United States, its territories and possessions or those individuals who reside outside of the U.S. and consent to use Stringwire in accordance with the U.S. laws (except where such terms must vary due to the laws of the country where the User is located), these TOS and the Privacy Policy. By using Stringwire You warrant that You have legal capacity to enter into the agreement set out in these TOS (i.e., that You are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). By using or attempting to use Stringwire, You certify that You meet any other eligibility and residency requirements identified by Us. We may change, suspend or discontinue any aspect of Stringwire at any time (and any elements and features of Stringwire), in whole or in part, for any reason, in Our sole discretion, without notice or liability, including pursuant to Section 19 (Termination) below. Stringwire is not intended for storage of Your User Content and in our sole discretion We may not preserve Your User Content. Stringwire is currently provided for free, although You may be given the opportunity to purchase products or services through Stringwire from NBCUniversal. We reserve the right to change the nature of this relationship at any time. You and We agree that the Convention on Contracts for the International Sale of Goods does not apply to Your use of Stringwire or these TOS.
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Public Nature of Stringwire:
All User Content on Stringwire is made available for viewing by other Stringwire Users and may be made available by Us or any User to the public. You acknowledge that You have no expectation of privacy with regard to Your User Content. While We offer You the ability to post Your User Content anonymously, please be aware we cannot guarantee that technical errors may not result in your User information being transmitted with your User Content. Your account information relating to Your User Content is stored by Us. If you wish to have your User account information deactivated, you may contact us at support@stringwire.com. If your account is deactivated, We reserve the right to keep any User Content on Stringwire nd you acknowledge that your User Content will continue to have the Attribution information you provided when you created the User Content.
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Your Conduct, Responsibility and Acceptable Use
The following rules are a condition of Your use of Stringwire. NBCUniversal does not verify or endorse any Content submitted to Stringwire by any User or other licensor, or any opinion, recommendation, or advice expressed therein.
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Obey the Law when Filming. You must obey all laws when filming User Content and you are responsible for determining whether your use of Stringwire is in compliance with applicable law. You are responsible for determining whether it is appropriate or lawful to film in any situation using Stringwire. Please respect people’s privacy when using Stringwire. If you film using a drone or unmanned aircraft system, you must comply with current Federal Aviation Administration regulations and any other laws governing its use. https://www.faa.gov/uas/
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Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of User 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. You may not impersonate or falsely state or otherwise misrepresent Your professional or other affiliation with NBCUniversal or with any other person or entity.
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Your Postings Should be Appropriate. Except for journalistic or reportorial purposes, you agree not to use Stringwire to promote offensive material, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity; You agree not to use Stringwire to promote any material that contains or advocates pornography, pedophilia, incest or bestiality; You agree not to use Stringwire to promote any material that advocates or provides instructions on how to commit illegal activity or discusses illegal activities with the intent to commit them. You may not upload unlawful, threatening, libelous, defamatory, obscene, profane, indecent or otherwise inappropriate User Content or information of any kind, or post User Content that constitutes an invasion of privacy.
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Don’t Damage Stringwire or Our Servers. You agree not to use or launch any automated systems that access Stringwire and prevent or interfere with the use or access of Stringwire by other users. 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 Stringwire or to obtain unauthorized access to Stringwire or any data or other information of any User or any third party.
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No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to Stringwire or use User Content or any information contained therein for any unlawful purpose. We, in Our sole and absolute discretion, shall determine whether any content You transmit or receive or Your use of Stringwire violates this provision.
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No Collection of Personal Information From Other Users. You may not collect information about other Users in violation of Our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.
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No Criminal or Unlawful Conduct. You may not use Stringwire, User 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 Stringwire services in connection with any website or other use that contains or is associated with information or content prohibited by this section.
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Act Responsibly. You are solely responsible for all of Your activities and interactions that occur under Your Stringwire account, including activities and interactions or disputes with other Users. Please keep Your password secure, and do not share Your password with anyone.
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No Information About Minors. You may not disclose minors’ personal details or ways to contact them.
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Idea Submissions Prohibited
NBCUniversal does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Us through Stringwire. However, if You decide to make any such unsolicited submission, you hereby grant to Us the right and license to the submission as if it were Your User Content as specifically set forth above. In addition, We retain all of the rights held by members of the general public with regard to Your unsolicited ideas and materials. Our receipt of Your unsolicited ideas and materials is not an admission by Us of their novelty, priority, or originality, and it does not impair Our right to contest existing or future intellectual property rights relating to Your unsolicited ideas and materials.
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Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
To access Stringwire or some of the resources it has to offer, You will be asked to register and provide Us with certain information. You will also be asked to provide information about Your social media network accounts. You understand and agree that Your activities (e.g., video viewing, interactions with Users and/or advertisers) may be shared with others both on and off Stringwire. If You don’t want Your activities on such social network to be shared, Your only options are to stop using Stringwire or deactivate the related social network account. By using Stringwire and providing information about Your other social networks, You consent to Us contacting You via those social networks.
If You establish an account with Us, You agree to provide true, accurate, complete and current data in connection with that account. If We believe the details are not correct, current, or complete, We have the right to refuse You access to Stringwire, or any of its resources, and to terminate or suspend Your account. Any usernames and passwords used for Stringwire are for individual use only. You are solely responsible for the activity that occurs on Your account and for maintaining the security and confidentiality of the password You use to access Your account. You agree to immediately notify Us of any unauthorized use of Your password or account or any other breach of security. If you wish to deactivate your account, please contact at us at support@stringwire.com. Please be advised your User Content will remain on Stringwire. Although We will not be liable for your losses caused by any unauthorized use of Your account, You may be liable for Our losses or others due to such unauthorized use.
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Connectivity; Wireless Features; Social Media Plug-ins
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Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for Your access to and use of Stringwire and You will be responsible for all charges related to them.
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Automatic Updates. By installing Stringwire, You acknowledge that You may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop Stringwire and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Stringwire to deliver these to You) as part of Your use of Stringwire. You acknowledge that Stringwire might not function properly without such updates.
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Wireless Features. Stringwire will 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 Stringwire features and upload/download User Content, receive messages from Stringwire, 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.
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Terms of Wireless Features. If You register for any Wireless Features then You agree that, in connection with those Wireless Features, We may send communications to Your wireless device regarding Us or other parties. Further, We may collect information related to Your use of the Wireless Features in accordance with Our Privacy Policy If You have registered via Stringwire for Wireless Features, then You agree to notify Us of any changes to Your wireless contact information (including phone number) and update Your accounts on Stringwire to reflect the changes.
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Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus are integrated on Stringwire. Where Stringwire contains a plug-in to a social network, these are clearly marked. 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 Stringwire, 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.).
If You don’t want the social network to collect the information about You described above, or to share it with Us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before You visit Stringwire. As with other websites, You may be able delete any existing cookies placed on Your computer by the social network via Your browser. See Our Privacy Policy to find out more about how Stringwire contains plug-ins to social media networks.
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Monitoring
We may, but have no obligation to, monitor Your use and Your User Content, and the use of other Users and their User Content. During monitoring, any information relating to any User or their respective activities on Stringwire may be examined, recorded, copied, and used for authorized purposes in accordance with Our Privacy Policy. Furthermore, We reserve the right at all times to disclose any information posted on any portion of Stringwire as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any User Content or information or materials, in whole or in part, that in Our sole and absolute discretion is objectionable or in violation of these TOS.
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Disclaimers
Disclaimer of Warranties: While We use reasonable efforts to include up to date information on Stringwire, We make no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. Stringwire is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, We, Our parent, Our and their respective directors, officers affiliates, agents, licensors, partners and employees (collectively, the “NBCUniversal Parties”) disclaim any and all warranties and conditions, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Without limiting the foregoing, We do not warrant that Stringwire, or Your access to or use of Stringwire 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. We do not warrant that the functions contained in Stringwire will be available, uninterrupted or error-free, that defects will be corrected, or that Stringwire or the servers that make Stringwire available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, User Content or any websites linked to Stringwire in terms of their correctness, accuracy, reliability, or otherwise. We make no warranties that Your use of the materials, information, software, facilities, service, User Content or other content on or in Stringwire or any website linked to Stringwire will not infringe the rights of others and We assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, service, User Content or other content on or in Stringwire or any website linked to Stringwire.
Events: Your use of Stringwire and filming and posting of User Content at any public or private event is at Your sole and exclusive risk. By using Stringwire, You agree and understand that in connection with Your participation in any event or activity, You may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those activities and events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death from exposure to the hazards of public or private outings and activities. You are personally responsible for all costs and/or risks associated with any public or private event or activity. Notwithstanding anything to the contrary contained herein, to the fullest extent allowed by law, You agree to waive and discharge all claims, release use from all liability and indemnify and hold the NBCUniversal Parties harmless from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. You agree and understand and intend that this assumption of risk and release is binding upon You and Your heirs, executors, agents, administrators and assigns, and includes any minors accompanying You at the events.
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Exclusion of Damages
We will not be liable to You or any third party for any direct, indirect, punitive, incidental, special, or consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from Your use or inability to use Stringwire. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if We have 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 records. You specifically acknowledge and agree that We shall not be liable for any defamatory, offensive or illegal conduct of any User. Without limiting the foregoing, We will not be liable for any loss or damage arising out of (1) Your failure to comply with Section 10 (Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features) or (2) User Content filmed or made available from Stringwire by You or any third party.
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Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
In no event will Our aggregate liability to You in connection with Stringwire or these TOS exceed the lesser of (A) the amount (if any) paid by You to Us in the six (6) months immediately preceding the event which gave rise to the liability; or (B) one hundred dollars ($100.00).
Because some jurisdictions do not allow for the exclusion of damages, Our 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.
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NBCUniversal is Not Responsible For Third-Party Websites and Content
NBCUniversal is not responsible for User Content, Third-Party Websites For Your convenience, Stringwire may provide links to websites of other persons or entities (“Third-Party Websites”). However, the Third-Party Websites are not controlled by Us. Accordingly, We make no warranties or conditions regarding such Third-Party Websites, have no responsibility for the contents of such Third-Party Websites, and will not be liable for any loss or damage arising from Your use of or reliance on such Third-Party Websites. Your use of Third-Party Websites is at Your own risk. The inclusion on Stringwire of a link to a Third-Party Website does not imply Our endorsement of such Third-Party Websites. When You access any of these Third-Party Websites, please understand that Your rights and obligations while accessing and using those Third-Party Websites will be governed by the agreements and policies relating to the use of those Third Party Website. Accordingly, We encourage You to read the terms and conditions and privacy policy of each other Website that You visit.
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Indemnification
You agree to defend, indemnify and hold harmless the NBCUniversal Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these TOS, including any of the foregoing provisions, representations or warranties, and/or from Your placement or transmission of any User Content or other content onto Our servers, and/or from any and all use of Your Stringwire 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 Stringwire; and (d) any breach of any of the representation, warranties or other terms or conditions relating to Your use of Your User Content, the User Content of other Users or Stringwire.
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Reservation of Rights
We reserve the right to take any steps available to Us, including the right to modify or discontinue or suspend, temporarily or permanently, or terminate Your access to Stringwire or all or any part of Stringwire and/or any software, facilities and services on Stringwire, or seeking other legal or equitable remedies, with or without notice, and/or to establish general guidelines and limitations on their use, if We become aware of any violation of these TOS.
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Termination
We may, in Our sole discretion, terminate Your password, account (or any part thereof) or use of Stringwire, or remove and discard any User Content or information stored, sent, or received via Stringwire 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 Stringwire, (ii) any unauthorized access or use of Stringwire, (iii) any violation of these TOS, or (iv) tampering with or alteration of any of the software, data files contained in or accessed through, Stringwire. You may terminate Your account for any reason or no reason. Termination, suspension, or cancellation of these TOS or Your access rights to Stringwire shall not affect any right or relief to which We may be entitled, at law or in equity.
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NBCUniversal Intellectual Property
Stringwire and the Stringwire technology are owned by NBCUniversal. Certain of the logos, images and other content on Stringwire are also protected as registered or unregistered trademarks, trade names and/or service marks, they and other intellectual property are owned or licensed by NBCUniversal (“NBCU Intellectual Property”). As between Us and You, We own all right, title and interest in and to the NBCUniversal Intellectual Property throughout the world.
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Infringement Policy
We respect the intellectual property of others, and We ask Users to do the same. Stringwire is and materials incorporated on Stringwire may be (collectively, “Material”) protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”).
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), We reserve the right, but not the obligation, to terminate Your license to use Stringwire 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. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if You believe that any such third party materials infringe Your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement: By mail: DMCA Agent Stringwire 75 Broadway, Suite 201 San Francisco, California 94111 By e-mail: dmca.agent@stringwire.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:
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Your name, address, telephone number, and e-mail address;
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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;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
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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;
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A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
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A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
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Links By You To Stringwire
We grant You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to Stringwire, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on Your website do not suggest any affiliation with or endorsement by Us or cause any other confusion regarding Your relationship to Stringwire or the NBCUniversal Parties (c) the links and the content on Your website do not portray the NBCUniversal Parties or Our products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Us. We reserve the right to suspend or prohibit linking to Stringwire for any reason, in its sole discretion, without advance notice or any liability of any kind to You or any third party.
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Local Regulations; Export Controls
Stringwire is controlled and operated by Us from Our offices within the State of New York, in the United States of America (“U.S.A.”). We make no representation that Stringwire or any User Content is appropriate or available for use outside the U.S.A., its territories, possessions and protectorates.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the U.S.A. or the country in which You reside.
If You choose to use or access Stringwire outside of the U.S.A., We make no representation that Material on Stringwire are appropriate for use outside the U.S.A. and You do so on Your own initiative and take full responsibility for compliance with local laws, if and to the extent that local laws are applicable. Software from Stringwire is further subject to the export controls of the U.S.A. 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.A. has embargoed goods, or (B) to anyone on the U.S.A. Treasury Department list of Specially Designated Nationals or the U.S.A. Commerce Department’s Table of Deny Orders. By using Stringwire, 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.
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Binding Arbitration of All Disputes. No Class Relief
This Section 24 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and We agree that this Section 24 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 24 can only be amended by mutual agreement. For non-U.S.A. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 25 shall apply to all relevant disputes between You and Us. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that You may have with Us. Therefore, pursuant to these TOS, if You have any dispute or disagreement with us regarding (i) Your use of or interaction with Stringwire, or (ii) any data or information You may provide to Us or that We may gather in connection with such use, interaction or transaction, You will not have the right to pursue a claim in court, or have a jury decide the claim and You will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with Stringwire, You agree to binding arbitration as provided below. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that You may have with Us. If those efforts fail, by using Stringwire, You agree that any complaint, dispute, or disagreement You may have against Us, and any claim that We may have against You, arising out of, relating to, or connected in any way with these TOS or Our Privacy Policy shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, We agree to provide the benefit of such Minimum Standards to You to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 24, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 24 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
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Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between You and Us (the “Arbitrator”);
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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 TOS and/or these arbitration provisions in Section 23 hereof, including but not limited to any claim that all or any part of these TOS is void or voidable;
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Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for You and does not require travel in excess of 100 miles from Your home or place of business); or (ii) at such other location as may be mutually agreed upon by You and 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.
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Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S.A., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
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No Class Relief. The Arbitration can resolve only Your and/or Our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
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, We will pay as much of Your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that Your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees. In the event You recover an Award greater than Our last written settlement offer, the Arbitrator shall also have the right to include in the Award Our reimbursement of Your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but We shall in all events bear Our own attorneys’ fees; and
Interpretation and Enforcement of Arbitration Clause. With the exception of Section 24 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, Section 24 subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor We shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after We have given notice of such modifications.
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 Us in Your local small claims court within the U.S.A., 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.
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Dispute Resolution for Non-U.S.A. Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 25 applies to non-U.S.A. residents, where applicable law prohibits arbitration of disputes in accordance with Section 23.
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Section 25 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to Stringwire or these TOS, whether heretofore or hereafter arising or to any of Our actual or alleged intellectual property rights (collectively, a “Section 25 Dispute”), then You and We agree to send a written notice to the other providing a reasonable description of the Section 25 Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide Us. But if no such information exists or if such information is not current, then We have no obligation under this Section 25(a). Your notice to Us must be sent to:
By mail: DMCA Agent Stringwire 75 Broadway, Suite 201 San Francisco, California 94111 By e-mail: dmca.agent@stringwire.com
For a period of sixty (60) days from the date of receipt of notice from the other party, You and We will engage in a dialogue in order to attempt to resolve the Section 25 Dispute, though nothing will require either You or Us to resolve the Section 25 Dispute on terms with respect to which You and We, in each of Our sole discretion, are not comfortable.
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Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 25 Dispute.
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Governing Law. To the maximum extent permitted by the mandatory laws in Your country of residence, these TOS and any Section 25 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.A. and the State of New York without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.
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Limited Time to File Claims. To the fullest extent permitted by applicable law, if You or We want to asset a Section 25 Dispute against the other, then You or We must commence it (by delivery of written notice as set forth in section 25(a) within one (1) year after discovery of the Section 25 Dispute arises – or it will be forever barred.
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Injunctive Relief. The foregoing provisions of this Section 25 will not apply to any legal action taken by Us to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to Stringwire, Your User Content and/or Our intellectual property rights (including such We may claim that may be in dispute), Our operations and/or products or services.
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Notice for California Users
Under California Civil Code Section 1789.3, California Users of Stringwire 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, Updated on Feb 28, 2011
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General
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Applicable law. These TOS and the relationship between You and Us shall be governed by the laws of the U.S.A. and the State of New York without regard to its conflicts of law provisions.
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Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these TOS will be brought exclusively in the federal or state courts located in New York, New York, and You irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that You will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
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No Waiver. No failure or delay by Us in exercising any right, power or privilege under these TOS 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 TOS.
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Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
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Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of Stringwire, or these TOS, or Our Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect.
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This is the Entire Agreement. These TOS 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.
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Assignment. These TOS are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign Your rights or obligations hereunder without Our prior written consent.
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Terms Applicable For Apple iOS
If You are accessing or using Stringwire through an Apple device, the following terms are applicable to You and are incorporated into these TOS by this reference:
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You acknowledge that these TOS are entered into between You and NBCUniversal and, that Apple, Inc. (“Apple”) is not a party to these TOS other than as third-party beneficiary as contemplated below.
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The license granted to You in Section 3 (License to Content) 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 Stringwire.
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You acknowledge that NBCUniversal, and not Apple, is responsible for providing Stringwire.
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You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to You with respect to Stringwire.
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To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Stringwire.
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Notwithstanding anything to the contrary herein, and subject to the terms in these TOS, You acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims You may have relating to Stringwire, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that Stringwire fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these TOS, NBCUniversal’ s liability to You for use of Stringwire is greatly limited.
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Further, You agree that if Stringwire, or Your possession and use of Stringwire, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
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You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOS, and that, upon Your acceptance of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against You as a third-party beneficiary thereof.
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When using Stringwire, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with Stringwire.