Effective date April 1, 2022
Welcome to the Terms of Service (the “TOS”) for our websites, software, mobile applications, content, games, interactive TV, or other products and online services (including all Content therein, the “NBCUniversal Services”). The NBCUniversal Services are made available to you by NBCUniversal Media, LLC, and its affiliated companies (including successors & assigns, “NBCUniversal,” “we,” “us” or “our”).
These TOS set out the agreement between you and NBCUniversal regarding how you can use the NBCUniversal Services, and what responsibilities you and NBCUniversal have to each other. These TOS contain important information regarding your legal rights including MANDATORY ARBITRATION AND OPT OUT INFORMATION, NO CLASS RELIEF, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Table of Contents
- Third Party Services and Third Party Platform Providers
- Disclaimers and Disputes
- Binding Arbitration; Class Action Waiver
- Additional Terms
1.1 Acceptance of the TOS. You may access the NBCUniversal Services in accordance with the TOS. You represent that you have read, understood, and agree to be bound by these TOS in connection with your access to and/or use of any of the NBCUniversal Services. If you do not agree to these TOS, you may not access or use the NBCUniversal Services. By using the NBCUniversal Services, you will be deemed to have agreed to the TOS.
1.2.1. The NBCUniversal Services are for users who are 18 years of age or older and reside in the United States (including its territories and possessions), or those outside the United States who, to the maximum extent permissible under applicable law, consent to use the NBCUniversal Services in accordance with U.S. laws and these TOS. 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 regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
1.2.2. By accessing or using the NBCUniversal Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the NBCUniversal Services will comply with the United States export control and economic sanctions requirements.
1.3. Supplemental Terms. Supplemental terms and conditions may apply to some NBCUniversal Services, such as sweepstakes, subscriptions or online purchases, and are deemed part of these TOS (“Supplemental Terms”). Any Supplemental Terms are in addition to these TOS and, to the extent there is a conflict between the Supplemental Terms and these TOS, the Supplemental Terms will prevail with respect to such conflict. If you do not agree to the applicable Supplemental Terms, you may not use the NBCUniversal Services to which they apply.
1.4. Modifications. YOUR ACCESS TO OR USE THE NBCUNIVERSAL SERVICESIS GOVERNED BY THE THEN-CURRENT TOS. We may modify these TOS, and such changes will be effective thirty (30) days following either notification to you or our posting of the changes on the NBCUniversal Services. Your continued access or use of the NBCUniversal Services after we post changes to these TOS will be deemed acceptance of these TOS as modified. We encourage you to check back here for any such changes from time to time.
1.5. Account Registration. You may be asked to provide registration information in order to access some of the NBCUniversal Services. You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The NBCUniversal Services and any user names or passwords you use to access the NBCUniversal Services ("Passwords") are for personal use only. You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to the NBCUniversal Services. You may terminate your account for any reason or no reason.
2.1. Availability of Services. We grant you a limited, non-sublicensable, non-transferable license to access and use the NBCUniversal Services for your personal use, and only in accordance with these TOS. Except as we specifically agree in writing, no element of the Content may be used or exploited in any way other than as part of the authorized NBCUniversal Services made available to you. To the extent the NBCUniversal Services make Content available for download, we grant you the right to download such Content onto the device on which you use the NBCUniversal Services in compliance with these TOS. We may change, suspend or discontinue any or all of the NBCUniversal Services at any time for any reason without notice or liability to you. We make no representations or warranties about the quality, accuracy, or availability of the NBCUniversal Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or Content-viewing windows
2.2. Wireless Features. The NBCUniversal Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device.
2.3. Devices and Charges. You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the NBCUniversal Services, and you will be solely responsible for all charges related to them. Your carrier or internet service provider may charge fees for or restrict certain Wireless Features.
3.1. NBCUniversal Content. The NBCUniversal Services contain or reference material that is owned by us as well as third parties, including but not limited to software, images, videos, text, and audio (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 NBCUniversal Services and Content, including as incorporated into User-Generated Content. Except as expressly stated in these TOS, nothing in these TOS shall be deemed to convey to you any right, title or interest in or to the NBCUniversal Services or Content. To the extent the NBCUniversal Services include an explicit authorization with respect to certain Content (e.g., the right to repost content on social media), NBCUniversal hereby grants you a limited, revocable license to post or upload such Content onto your personal social media account(s) without modification and in accordance with the restrictions in these TOS or any other Supplemental Terms associated with such Content. To the extent we authorize you to create, Upload, publicly display or publicly perform User Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the specifically referenced Content. You assign to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment is invalid, your license to create derivative works using our Content is null and void.
3.2. User-Generated Content. The NBCUniversal Services may include opportunities for you or others to upload, post, transmit or otherwise distribute (“Upload”) on or through NBCUniversal Services text, images, audio, video or other content (“User-Generated Content”). Except as may be explicitly requested in connection with particular programs or promotions, NBCUniversal is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing NBCUniversal properties or not). Except as expressly set forth in these TOS, you shall continue to own all rights in and to your User-Generated Content, except to the extent your User-Generated Content contains or is otherwise derived from materials, content, or elements owned by NBCUniversal or any of our affiliated companies or partners (e.g., characters or other elements created or owned by us).
3.2.1. License to User-Generated Content. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers (including to other users of the NBCUniversal Services), transferable, non-exclusive license to use, reproduce, adapt, prepare derivative works based on, publicly display, publicly perform, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, User-Generated Content (including your name, likeness and voice as it appears in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above
3.2.2. Use and Distribution of User-Generated Content. You agree that NBCUniversal may give you attribution for your User-Generated Content, but we are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users.
3.2.3. Public Nature of NBCUniversal Services. You acknowledge that you Upload any User-Generated Content voluntarily, and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User-generated Content. Although we may offer you the ability to Upload User-Generated Content anonymously, we may store your account information. We make no guarantees to remove User-Generated Content from the NBCUniversal Services or other sites, and we may retain User-Generated Content in our backup files, including after termination of your account.
3.2.4. No Responsibility for User-Generated Content. NBCUniversal is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided in Section 3.3. User-Generated Content may not reflect the views of NBCUniversal and we do not endorse any User-Generated Content that you or other users Upload.
3.3. Infringement Policy. If you believe that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content.
4.1. Prohibited Actions. You may not attempt any of the actions set forth in this list of Prohibited Actions or authorize, facilitate or induce others to do so. You recognize that Uploading unlawful material could expose you to criminal and/or civil liability.
4.2. Investigations, Monitoring, and User Disputes. We may, but are under no obligation to, examine, record, copy and disclose your use of the NBCUniversal Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content, warning users, suspending users and Passwords, terminating accounts, blocking access to the NBCUniversal Services or taking other corrective action we deem appropriate. You are solely responsible for your use of the NBCUniversal Services, User-Generated Content, and any interaction with other users of the NBCUniversal Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the NBCUniversal Services.
4.3. Termination and Suspension. Termination, suspension or cancellation of your account or access to the NBCUniversal Services (collectively, “Termination”) shall not affect any right or relief to which we may be entitled, at law or in equity. Upon such Termination, all rights granted to you in these TOS will automatically terminate and immediately revert to us. Following such Termination, these TOS shall remain in full force and effect with respect to your past and future use of the NBCUniversal Services, including all rights granted by you to us.
5. Third Party Services and Third Party Platform Providers
5.1. Third Party Services. The NBCUniversal Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any NBCUniversal Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services. We will not be responsible or liable for any confidential or personal information you provide in connection with any Third Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third Party Services on the NBCUniversal Services.
5.2. Third Party Platform Providers. If you access or download the NBCUniversal Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to these TOS. However, these Third-Party Platform Providers are not party to these TOS and have no obligation to provide maintenance and/or support of the NBCUniversal Services. Your access to the NBCUniversal Services through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable terms of service. You should read the terms of service agreements and privacy policies that apply to such third-party products.
5.3. Authentication. To the extent your use of the NBCUniversal Services requires authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programing services (collectively, “MVPD Provider”), then the authentication process and any information you provide is strictly between you and your MVPD Provider, and we shall have no responsibility or liability with respect to such process.
6.1. Disclaimer of Warranties. We make no representations or warranties as to the NBCUniversal Services (which, for purposes of this Section 6 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise. WE PROVIDE THE NBCUNIVERSAL SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “NBCUNIVERSAL PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6.2. Limitation of Liability.
6.2.1 IN NO EVENT WILL THE NBCUNIVERSAL PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH NBCUNIVERSAL SERVICES OR THESE TOS EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO NBCUNIVERSAL IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE NBCUNIVERSAL SERVICES. FURTHERMORE, NONE OF THE NBCUNIVERSAL PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE NBCUNIVERSAL SERVICES. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NBCUNIVERSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.
6.2.2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, NBCUNIVERSAL 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.
6.3. Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE NBCUNIVERSAL PARTIES OR YOUR USE OF THE NBCUNIVERSAL SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE NBCUNIVERSAL SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.
6.4. 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 related to (i) any breach of these TOS; (ii) User-Generated Content; and/or (iii) your use of the NBCUniversal Services or any use of your account via the NBCUniversal Services.
7. Binding Arbitration; Class Action Waiver
7.1. If you have a Dispute (as defined below) with us that cannot be resolved informally or in small claims court, you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the NBCUniversal Services, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree as follows:
7.2.“Dispute” means any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, whether based on past, present, or future events, arising out of or related in any way to these TOS or regarding (i) your use of or interaction with the NBCUniversal Services, (ii) any purchases or other transactions or relationships related to your use of the NBCUniversal Services, or (iii) any data or information you provide to us or we gather in connection with such use, interaction or transaction (collectively, "NBCUniversal Transactions or Relationships").
7.3. Many Disputes can be resolved by an informal dialogue with our customer service staff. If you have a Dispute with us, before initiating an arbitration, you must send an individualized, written notice describing the Dispute to the customer support contact via email or contact form associated with the NBCUniversal Service to which your Dispute relates. Without limiting any of our rights in Section 4, before we initiate any arbitration, we will send you a written notice using contact information we have for you. Promptly following receipt of such notice, you and we will try to resolve the Dispute by individual telephone or videoconference, or in person if you and we agree. If the Dispute is not resolved within 14 days of starting this dialogue, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below if the Dispute is ineligible to be adjudicated in small claims court.
7.4. Any Dispute that we are unable to resolve through the informal procedure described above and is ineligible for small claims court shall be resolved exclusively by final, binding arbitration ("Arbitration") before a single arbitrator administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures (or, if the amount in controversy exceeds $250,000, the JAMS Comprehensive Arbitration Rules And Procedures) in effect at the time the Arbitration is initiated (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. This Section 7 shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:
7.4.1.No Class Relief. The Arbitration can resolve only your and 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. Notwithstanding any other provision of these TOS or the JAMs Applicable Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration.
7.4.2. Arbitrator Will Interpret This Agreement.The Arbitrator 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 this Section 7, including any claim that all or any part of these TOS is void or voidable, except as expressly provided above in 7.4.1.
7.4.3. Location of Arbitration. The Arbitration shall be held either: (i) at a location determined under the Applicable Rules that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. If the only claims asserted in the Arbitration are for less than $25,000 in aggregate, the Arbitration may be held by telephone or written submission.
7.4.4. Arbitration Costs. If the Arbitrator finds that the costs of Arbitration will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing and hearing fees in 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.
7.4.5. Interpretation and Enforcement of Arbitration Clause. Except for 7.4.1 above, if any provision of these TOS is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. But if 7.4.1 is found to be unlawful, void or for any reason unenforceable, then this entire arbitration provision shall be null and void, and neither you nor we will be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection 7.4.9 below.
7.4.6. Opt out. You may opt out of this arbitration agreement. If you do so, neither you nor NBCUniversal can force the other to arbitrate. To opt out, you must notify NBCUniversal within 30 days of first becoming subject to this arbitration agreement by clicking here and following the instructions provided. Your notice must include your name and address and a clear statement that you want to opt out of this arbitration agreement.
7.4.7. Modification of Arbitration Clause With Notice. Any modification of these arbitration provisions shall apply only on a prospective basis for claims arising from or relating to NBCUniversal Transactions and Relationships occurring after the effective date of such modifications. If any modification is deemed to be unlawful, void or for any reason unenforceable, then the arbitration provisions effective at the time of your agreement to these TOS shall govern any dispute or disagreement between you and us regarding NBCUniversal Transactions or Relationships.
7.4.8. Dispute Resolution Only If A Tribunal Has Ruled That Arbitration Is Prohibited. If a court with appropriate jurisdiction prohibits arbitration of a dispute in accordance with this Section 7, then the state or federal courts in New York shall have non-exclusive jurisdiction over the dispute, and to the maximum extent permitted by the mandatory laws in your country of residence, these TOS and any dispute arising out of or related in any way to these TOS or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of New York and the United States, without giving effect to any conflict of law principles.
8.1. Applicable Law. These TOS, any Supplemental Terms, and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. Except as provided in applicable Supplemental Terms, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the NBCUniversal Services or these TOS. 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 United States or the country in which you reside.
8.2. Venue. Subject to the arbitration provisions above, and other than small claims actions permitted there, 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 County, 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.
8.3. Notice for California Users. Under California Civil Code Section 1789.3, California usersof the NBCUniversal 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 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php.
8.4. 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.
8.5. 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.
8.6. 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. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect.
8.7. Assignment. These TOS are binding upon and shall inure 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 and any assignment without our consent shall be void and invalid at the outset.
8.8. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
8.9. Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these TOS.
8.10. Survival. The provisions of these TOS which by their nature should survive the termination of these TOS shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability in Section 6, rules regarding dispute resolution in Section 7, and the general provisions in this Section 8.
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