Effective Date: As of June 26, 2009
1. Terms of Service
Welcome to NBC Learn, which can be accessed at http://www.nbclearn.com. The NBC Learn service (referred to herein as, "NBC Learn" the "Site" or the "Service") is owned and operated by NBC News, a Division of NBCUniversal Media, LLC. ("NBCU These Terms of Service set forth the terms and conditions that apply to your use of NBC Learn. From time to time, NBCU may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on NBC Learn to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING NBC Learn, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH NBCU. If you do not agree to be bound by these Terms of Service, please discontinue your use of the NBC Learn.
2. Access to the Site and Subscription Information
NBC Learn is provided as part of a subscription issued to educational institutions (unless otherwise indicated) by NBCU. Certain parts of the site, including previews of content, may be made available to guest users, people who visit the Site without a subscription to NBC Learn. NBC Learn may also provide free trial subscriptions, which will allow you to access most of the features on the Site, although the ability to download content is still limited. A subscription, either through an educational institution, or if NBC Learn chooses to offer individual subscriptions, by you, is necessary in order to access full versions of the NBC Learn content, create playlists, access transcripts, run "state standards" searches, personalize the site, download content and use other features that may be made available through NBC Learn. Information about NBC Learn features can be found here http://archives.nbclearn.com/portal/site/k-12/help.
Once you have registered, you will be asked to create a user name. We recommend that you do not use any portion of your real name for your user name. We will only display your first name in notifications we send to you directly or in emails sent to your friends through NBC Learn at your request.
You must keep your password and registration secure and not share your password or registration information with anyone. If we learn that a registration code or password has been compromised, we may disable the existing code and issue a new code. Failure to keep registration codes and passwords secure may result in the disabling of access privileges.
3. Use of NBC Learn
NBC Learn features content from NBCU as well as other sources. The Site permits you to view content online, make playlists, notes, tag or comment on the content. You may also download content to your computer and play the content via the NBC NBC Learn Offline Player. You will be asked to agree to a separate end user license agreement ("EULA") when you download the player. You may also share certain content via video widget or by email. Instructions for doing so can be found at http://archives.nbclearn.com/portal/site/k-12/help.
You acknowledge that (i) content on NBC Learn is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. such materials.
B. Non Commercial Use
NBC Learn, its products, services, digital products, events and courses and any other element of NBC Learn may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by NBC Learn in writing. Illegal and/or unauthorized use of NBC Learn, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to NBC Learn is prohibited. In furtherance thereof, you agree that you will not use NBC Learn for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Any such use shall be deemed to be a violation of these Terms of Service.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of NBC Learn, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
NBCU reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access NBC Learn and/or any other service, tool, specific content, digital products, products, courses or events provided to you by NBCU, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
5. Modifications of these Terms of Service
NBCU may modify these Terms of Service from time to time in its sole discretion. Each time you use NBC Learn, you will be deemed to have accepted any such changes. NBCU shall have no obligation to notify you of any such changes other then posting such modifications on NBC Learn, but NBC Learn reserves the right (at NBCU's discretion) to provide you notice of such changes to any e-mail address you have provided to NBC Learn.
6. Modifications of NBC Learn
NBCU may modify or discontinue NBC Learn, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided in the subscription agreement.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of NBC Learn. NBCU reserves the right but shall have no obligation to monitor disputes between you and any other member of NBC Learn.
8. Nature of Communications
By virtue of agreeing to this Terms of Service and using the NBC Learn communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Access by Minors
Please read our Note to Parents for further information concerning NBC Learn. NBC Learn may be used by minors. Children 13 to 18 may register for NBC Learn and will be provided with registration information via their educational institution. To the extent that NBC Learn is made available to children under the age of 13, NBC Learn will enable use of the Site without taking any personal information from the children.
10. Parental Control Protections
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. [NEED NEW SITES THAT PROVIDE THIS INFORMATION].
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by NBC Learn infringe your copyright, you (or your agent) may send NBC Learn a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NBCU to locate the material on NBC Learn; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send NBC Learn a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: NBC Learn Customer Service c/o NBC News Administration 30 Rockefeller Plaza, New York, New York 10112, 212-664-4444,Contactus@nbclearn.com. NBCU suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF NBC Learn, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH NBC Learn, IS AT YOUR SOLE RISK. NBC Learn IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NBCU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NBCU MAKES NO WARRANTY THAT NBC Learn WILL MEET YOUR REQUIREMENTS, OR THAT NBC Learn WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NBCU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NBCU NETWORK. NBCU WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF NBC Learn.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NBCU NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT NBCU DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH NBC Learn. NBCU IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER NBC Learn NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN NBC Learn, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. NBCU ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
NBCU SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN NBC Learn, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN NBC Learn IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NBUC OR THROUGH NBC Learn, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NBCU MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH NBC Learn OR ANY TRANSACTIONS ENTERED INTO THROUGH NBC Learn.
NBCU IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE NBC Learn. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH NBCU MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST NBCU WITH RESPECT TO SUCH SITES.
13. Limitation of Liability
NBCU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE NBCU NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE NBCU NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF NBCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of NBC Learn, NBCU its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of NBC Learn, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
15. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering NBC Learn, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
16. Remedies for Breach of these Terms by You
In the event that NBCU determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for NBC Learn, NBCU reserves the right to (i) delete any or all content provided by you or your agent(s) to NBC Learn; (ii) discontinue your registration(s) with NBC Learn; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through NBC Learn; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which NBC Learn deems to be appropriate.
If your registration(s) with or ability to access NBC Learn, any other NBC Learn community and/or any other service, product, content, course, event, tool or digital product provided to you by NBC Learn is discontinued by NBCU due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of NBC Learn, then you agree that you shall not attempt to re-register with or access NBC Learn and/or any other digital product, course content or service provided by NBCU, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, NBC Learn reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
17. Export Control
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote NBC Learn's Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by NBCU from its offices within the state of New York, United States of America. NBC Learn makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. California Users
Under California Civil Code Section 1789.3, California users of NBC Learn 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.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
NBCU may assign its rights and obligations under these Terms of Service and upon such assignment NBCU may be relieved of any further obligation hereunder.
You represent to NBCU that you have the authority to register with or visit NBC Learn according to these Terms of Service.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of NBCU, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.