1. Terms and Modifications
EACH TIME YOU ACCESS OR USE THE PEACOCK SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT ON THE THEN-APPLICABLE TERMS. We may modify these Terms on a prospective basis at any time in our sole discretion and post the changes and such changes will be effective following either our notification to you or our posting of the changes on the Peacock Services. Your continued access or use of the Peacock Services after we post changes to these Terms, will be deemed as irrevocable acceptance of these Terms as modified. You agree to be notified of changes to these Terms via postings of updates on the Peacock Services (or in any other reasonable manner of notice which we elect).
2. Eligibility, Sign-up and Accounts
You may be required to provide information in order to access or receive the Peacock Services. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide.
3. The Peacock Services; Consent to Electronic Communications
The Peacock Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the Peacock Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the Peacock Services. We have the right to suspend or terminate access to the Peacock Services, including due to a violation of these Terms.
By using the Peacock Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during sign-up, or posting communications on the Peacock Services and may include notices about your use of the Peacock Services and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
The Peacock Services may include content and other materials supplied by Peacock and third parties (“Content”). As between us and you, we own all rights in the Peacock Services and Content. Nothing grants you any rights in the Peacock Services or Content except as set forth in these Terms, including applicable Additional Terms.
The availability of Content on the Peacock Services may change from time to time and from place to place. You consent to us and our third-party providers determining your geographic location for purposes of providing the Peacock Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.
Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.
5. Permitted Uses
We grant you a limited, non-exclusive, non-transferable license to access and use the Peacock Services solely for personal and non-commercial uses.
6. Wireless Features
The Peacock Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features or receive messages from the Peacock Services (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.
If you sign up for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the Peacock Services to notify us of any changes to your contact information.
7. Prohibited Actions
You may not make any uses of the Peacock Services except as specifically authorized by Peacock in writing and you may not use the Peacock Services in violation of any applicable laws or regulations. Except as expressly authorized by Peacock in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the Peacock Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms, applicable Additional Terms, or as otherwise agreed in writing between us and you. You may not use the Peacock Service for any business or commercial purposes or otherwise build a business based on any portion of the Peacock Services. You may not disable, remove or otherwise circumvent through any means (i) proprietary rights notices or indications of source (e.g., © or ™) in the Peacock Services or (ii) any digital rights management, content protection or access control measure associated with the Peacock Services. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality.
You may not insert any code into or manipulate the Peacock Services in any way except as explicitly authorized by us in writing. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the Peacock Services or any part thereof. You may not impose an unreasonable burden or load on the Peacock Services or their infrastructure.
You are responsible for your use of the Peacock Services and all materials you upload, post, or transmit on or through Peacock Services (“Upload”). The following prohibitions apply to your conduct and communications on or through the Peacock Services:
- No Interference. You may not interfere with any other user’s ability to use or enjoy the Peacock Services.
- No Blocking. You may not cover, remove, block or obscure any Content or other portions of the Peacock Services.
- No Unlawful Submissions. You may not Upload any content or material that is fraudulent or otherwise unlawful.
- No Viruses or Malicious Code. You may not Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the Peacock Services or any computer software, hardware or telecommunications equipment associated with the Peacock Services, or (ii) obtain unauthorized access to the Peacock Services or any data or other information of ours or of any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Peacock Services.
- No SPAM. You may not Upload unsolicited bulk communications of any kind. For instance, you may not send “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or “spam” (i.e., unsolicited emailing for business or other purposes).
- No Collection of Personal Information From Other Users and No Commercial Use. You may not solicit or collect information about other users of the Peacock Services or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.
- No Impersonation or Misrepresentation. You may not impersonate any other person or entity. You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the Peacock Services in a manner that suggests an association with our products, services or brands except as agreed by us in writing.
- No Criminal or Unlawful Conduct. You may not use any portion of the Peacock Services for any unlawful purpose and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.
You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.
We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
8. Idea Submissions
We do not accept unsolicited submissions for any media, products or services. Please do not make unsolicited submissions to us through Peacock Services, including (1) Uploads, (2) submissions through any third-party social network, website or other platform or (3) submissions by e-mail, text messages or other means (collectively, “Submissions”). We are not responsible for any similarity of the Peacock Services, Content or programming or applications in any media to your Submissions. Our receipt of your Submissions is not an admission by us of their novelty, priority or originality and does not limit our right to contest intellectual property rights related to your Submissions.
9. Third Party Services
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use off the Peacock Services, and you will be solely responsible for all charges related to them. You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third party terms of agreement, when using the Peacock Services. You acknowledge and agree that these third parties may prohibit or restrict certain Peacock Service features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard data rates or other carrier charges may apply to your use of the Peacock Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.
The Peacock Services may include software or other utilities of other persons or entities (“Third-Party Services”) that may interact with the Peacock Services. Third-Party Services may import data related to your activity and otherwise gather data from you. We are not responsible for Third-Party Services. THE INCLUSION ON THE PEACOCK SERVICES OF ANY INTEGRATION WITH A THIRD-PARTY SERVICE DOES NOT IMPLY AN ENDORSEMENT BY US.
10. Cookies and Targeted Advertising
11. Children's Online Privacy Protection Act Notification
The Peacock Services are not designed or intended for use by children under the age of 13.
12. Devices and Charges
We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with the Peacock Services. You are responsible for all devices and other equipment, software and services necessary for you to access and use the Peacock Services. By using the Peacock Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.
You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use the Peacock Services. You are responsible for any charges incurred in obtaining access to the Peacock Services. Please check with your ISP for information on possible data usage charges.
13. Testing and Monitoring; Investigations
We may, but are under no obligation to, continually test various aspects of the Peacock Services. By using the Peacock Services, you agree that we may include you or exclude you from these tests without notice.
We reserve the right to investigate suspected violations of these Terms. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user.
We may suspend any users whose conduct is under investigation without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may warn users, suspend users, terminate access or take other corrective action we deem appropriate. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any users. Nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Peacock Services or information provided to or gathered by us in connection with such use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL PEACOCK PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY PEACOCK PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A PEACOCK PARTY OR LAW ENFORCEMENT AUTHORITIES
We may, in our sole discretion, terminate these Terms or your access to or use of the Peacock Services, without prior notice, without liability, for any reason or no reason. You may not attempt to access or use (i) any features of the Peacock Services from which your access has been previously suspended or (ii) any of the Peacock Services following termination of these Terms.
You may terminate your access to or receipt of the Peacock Services for any or no reason, subject to all applicable Additional Terms.
Termination, suspension or cancellation of the Terms or your access to or receipt of the Peacock Services shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination, suspension or cancellation, all rights granted to you will automatically terminate and immediately revert to us and our licensors and all rights granted by you to us shall survive in perpetuity. After your account or access to the Peacock Services is terminated by us or by you, these Terms shall remain in full force and effect with respect to your past and future use of the Peacock Services.
15. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY
We make no warranties or representations as to the Peacock Services (which, for purposes of this “Disclaimer of Warranties; Exclusions and Limitations of Liability” Section only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, completeness or otherwise.
WE PROVIDE THE PEACOCK SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT COMPANIES, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “PEACOCK PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 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. NONE OF THE PEACOCK PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, 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 PEACOCK SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF PEACOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE PEACOCK PARTIES SHALL NOT BE LIABLE FOR ANY CONDUCT OF ANY USER OF THE PEACOCK SERVICES. WITHOUT LIMITING THE FOREGOING, THE PEACOCK PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMS OR (2) CONTENT POSTED TO THE PEACOCK SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE PEACOCK PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE PEACOCK SERVICES OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE PEACOCK PARTIES OR YOUR USE OF THE PEACOCK 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 PEACOCK SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE PEACOCK PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITTH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to defend, indemnify and hold harmless the Peacock 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 any breach of these Terms or any misrepresentation made by you in connection with your use of the Peacock Services.
17. Infringement Policy
We respect the intellectual property of others, and we ask our users to do the same. The Peacock Services, including the Content and other materials incorporated by us in the Peacock Services (“Materials”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the Peacock Services are also protected as registered or unregistered copyrights, trademarks, trade names and/or service marks owned by us or others.
We, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserve the right, but without obligation, to terminate your license to use the Peacock Services if we determine in our 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. If you believe that any User Content is defamatory or infringes your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
Peacock TV LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: firstname.lastname@example.org
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:
- Your name, address, telephone number, and e-mail address;
- 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;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Peacock 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;
- 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;
- 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
- 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.
18. Links By You To the Peacock Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Peacock Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website, application or other service (“Your Service”) do not suggest any affiliation with or endorsement by us or cause any other confusion regarding your relationship to us or our affiliates or to the Peacock Services, (c) the link must open in a new window and link to the full version of applicable Peacock Services; and (d) the links and the content on Your Service do not portray us or our affiliates or our or their 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 the Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.
19. Local Regulations
We make no representation or warranty that the Content or Peacock Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Peacock Services from other locations you do so on your own initiative and at your own risk.
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.
20. Export Control.
The Peacock Services are controlled and operated by us from our offices within the State of New York. You hereby represent and warrant that: (a) you are not located in a country that is (i) subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria) or (ii) on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the list of Specially Designated Nationals and Blocked Persons administered by the U.S. Treasury Department or the U.S. Commerce Department’s Denied Persons List; and (c) you are not otherwise the target of U.S. economic sanctions. You may not access, download or otherwise use any Peacock Services in violation of United States export control or economic sanctions laws and regulations. Software in or from the Peacock Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws, including without limitation to any end user in a U.S. embargoed country or territory or an end user included on any U.S. government list of prohibited or restricted parties.
21. Binding Arbitration of All Disputes; No Class Relief.
This “Binding Arbitation of All Disputes; No Class Relief” Section (the “Arbitration Section”) is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this Arbitration Section satisfies the “writing” requirement of the Federal Arbitration Act. If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of the Litigation Section below shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding your use of or interaction with the Peacock Services or any data or information you may provide to us or that we may gather in connection with such use, interaction or transaction (collectively, “Peacock Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Peacock Services, or engaging in any other Peacock Relationships with us, 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 the Peacock Services, 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 Terms or any Peacock Relationships shall be resolved exclusively by final, confidential and 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 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 agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Arbitration Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Arbitration Section 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:
- 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”);
- Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Arbitration Section, including but not limited to any claim that all or any part of these Terms is void or voidable;
- Location of Arbitration. The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
- Governing Law. The Arbitrator (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., 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;
- 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 subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and the Litigation Section below.
- 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 and only on a prospective basis for claims arising from Peacock Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding Peacock Relationships.
- Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, but without limitation to the rest of these Terms, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., 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.
- Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or court order.
22. Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This “Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Law” Section (the “Litigation Section”) applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the Arbitration Section.
Litigation Section Disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Peacock Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Litigation Section Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Litigation Section 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 subsection (a). Your notice to us must be sent to:
Peacock TV LLC
NBCUniversal Law Department
30 Rockefeller Plaza
New York, New York 10112
By e-mail: email@example.com
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Litigation Section Dispute, though nothing will require either you or us to resolve the Litigation Section Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.
- Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Litigation Section Dispute.
- Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Litigation Section Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.
- Injunctive Relief. The foregoing provisions of this Litigation Section 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 the Peacock Services, any Content and/or our intellectual property rights (including such as we may claim may be in dispute), our operations, and/or our products or services.
23. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Peacock Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- Applicable law. These Terms, any Additional 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. The Convention on Contracts for the International Sale of Goods does not apply to your access or use of the Peacock Services or these Terms.
- 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 Terms 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.
- No Waiver. No failure or delay by us in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
- Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
- 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 the Peacock Services, or these Terms, or other Peacock Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.
- This is the Entire Agreement. These Terms 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.
- Assignment. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any such assignment shall be void and invalid at the outset. We may assign this Agreement and our rights hereunder to our affiliates.
- Survival. Sections 1, 4, 8-10, 12-16, 19-22, and 24 of these Terms and any other terms that by their nature survive these Terms shall survive any termination of these Terms.