3. License Grant, Devices, and Service Features
3.1. Limited License, Service Availability. We grant you a limited, non-sublicensable, non-transferable license to access, download, and use the Peacock Service for your personal use and only in accordance with these Terms of Service. 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 Peacock Service made available to you. We may change, suspend, or discontinue the Peacock Service, in whole or in part, 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 Peacock Service.
3.2. Devices and Charges. You are solely responsible for obtaining all devices and software, internet, and mobile network connectivity, and other services needed for your access to and use of the Peacock Service, and you will be solely responsible for all charges related to them. We are not responsible for the performance of devices you use to access the Peacock Service, including the ongoing compatibility of such devices with the Peacock Service, and you agree to look solely to the entity that manufactured and/or sold or leased you the device for any issues related to it. In addition, some aspects of the display of available Content (for example, its resolution and the speed to initiate viewing) and other functionality may vary from device to device and may be affected by factors such as your location, the software on your device, the configuration of your device, and the speed of your internet or mobile connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.
3.3. Wireless Features. The Peacock Service 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 (“Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. Some features of the Peacock Service may be limited by location or may not function without access to reliable location information, and we will not be liable to you for limitations or restrictions on access to Content without access to location information.
4. Content and Usage Terms
4.1. Content Ownership. The Peacock Service contains or references Content that is owned by us as well as third parties. As between Peacock and you, Peacock owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual property and proprietary rights throughout the world associated with the Peacock Service and its Content. Except as expressly stated in these Terms of Service, nothing herein will be deemed to convey to you any right, title, or interest in or to the Peacock Service or its Content. To the extent the Peacock Service includes an explicit authorization with respect to certain Content (for example, the right to re-post content on social media), Peacock 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 withthe restrictions in these Terms of Service and any other Supplemental Terms associated with such Content or activity.
4.2. Content Availability and Blackouts. You acknowledge that the Peacock Service and Content are regularly updated and tested, and as a result some Content and features may not be available to all users across all devices. The availability of Content on the Peacock Service may be limited by law or by the rights that certain of our content providers grant to us and therefore may change from time to time and from place to place and may vary based on Supplemental Terms applicable to your Service Tier. For example, certain sporting events on a regional sports network and Content on your local NBC station may be unavailable due to your location, blackouts, or other restrictions set by sports leagues and other parties that control Content rights, and we may use different technologies and methods to verify your location at the time you attempt to access Content. Accessing Content from locations where we do not have rights, that is not offered on your Service Tier, or where we do not make the Peacock Service available is prohibited. For more details on Content blackouts and restrictions applicable to regional sports networks and your local NBC station, please visit our Help Center.
4.3. Content Ratings, Modifications, and Limitations. Content types, ratings, reviews, genres, categories, and descriptions are provided as suggestions to help navigation. We do not guarantee that you will agree with these suggestions. You acknowledge that Content is inherently subjective, and the Peacock Service may include Content that you find offensive, indecent, explicit, or otherwise objectionable (including, for example, if the Content contains outdated cultural references). Content may be edited, reformatted, or otherwise modified from its original version. You should not rely on the Content you view for advice, whether financial, legal, medical, or otherwise. If you are susceptible to photosensitive epilepsy or other photo-sensitivities, please be aware that some Content may contain flashing lights or sequences of patterns.
4.4. Simultaneous Streams and Downloads. Some plans of the Peacock Service may enable you to stream Content simultaneously to multiple devices. You acknowledge that simultaneous streaming may be subject to limitations, which may change from time to time, including with respect to the maximum number of simultaneous streams, as more fully explained in the Help Center. Some plans of the Peacock Service may also enable you to temporarily download certain Content to your device for offline viewing. You acknowledge that downloads may also be subject to limitations, which may change from time to time, including with respect to Content type and amount, device limitations, accessibility of temporary downloads, and geographic restrictions on playback, as more fully explained in the Help Center. For clarity, downloaded Content will no longer be available to you if you terminate your subscription or change it to a plan that does not permit temporary downloads. Peacock makes no guarantee that any particular piece of Content will be available for simultaneous streaming or download.
4.5. User-Generated Content. We may include opportunities for you and others to upload, post, transmit, or otherwise distribute (“Upload”) on or through the Peacock Service text, images, audio, video, or other content (“User-Generated Content”). Except as may be explicitly requested in connection with particular programs or promotions, Peacock 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 Peacock properties or not). Any similarity between User-Generated Content and any elements in Peacock Content are purely coincidental. Except as expressly set forth in these Terms of Service, you will 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 Peacock or any of our affiliated companies or partners (for example, characters or other elements created or owned by us). 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, and you assign to us of all rights worldwide in the work you create for the duration of copyright in the User-Generated Content in any manner and any media now known or hereafter developed, 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.
4.5.1. 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 Peacock Service), 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. You agree that Peacock may give you attribution for your User-Generated Content, but we are not required to do 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.
4.5.2. Public Nature of Peacock Service. You acknowledge that (i) 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 (ii) 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-GeneratedContent from the Peacock Service or other sites, and we may retain User- Generated Content in our backup files, including after termination of your account. We retain the right to make use of your User-Generated Content in accordance with These Terms of Service even after your User-Generated Content is deleted from the Peacock Service. You acknowledge that deletion of your User-Generated Content from the Peacock Service will not result in, and we are not responsible for, the deletion of the User-Generated Content by third parties who previously had access to that User-Generated Content. You assume full responsibility for maintaining backup copies of your User-Generated Content and we assume no responsibility for any loss of your User-Generated Content, for instance, due to its removal by us.
4.5.3. No Responsibility for User-Generated Content. Peacock is not responsible or liable for any User-Generated Content, and we have no obligation to investigate, monitor, or correct any User-Generated Content (for example, for accuracy or completeness) except as provided in Section 4.6. User-Generated Content may not reflect the views of Peacock, and we do not endorse any User-Generated Content that you or other users Upload.
4.5.4. Feedback. We have not agreed to, and do not agree to, treat as confidential any comments, information, ideas, concepts, reviews, techniques, or other communication you may send to us, including via responses to questionnaires and other methods (“Feedback”). We will be free to use, profit from, disclose, publish, or otherwise exploit any Feedback without compensation to you. Any Feedback will be deemed User-Generated Content and subject to the grants by you applicable to User-Generated Content in these Terms of Service. Our receipt of your Feedback 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 Feedback.
4.6. Infringement Policy. We respect the intellectual property of others, and we ask our users to do the same. The Peacock Service and its Content 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 Service are also protected as registered or unregistered copyrights, trademarks, trade names, and/or service marks owned by us or others.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act of 1998, we reserve the right, but not the obligation, to (i) remove your User-Generated Content, and (ii) terminate your license to use the Peacock Service if we determine in our sole 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-Generated Content is defamatory or infringes your intellectual property, please send a written notice to us to request a review of the alleged infringement, including 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 the owner of an exclusive right that is allegedly infringed or the person allegedly defamed,
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Peacock Service are covered by a single notification, a representative list of such works,
• 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 (including, if available, the web address where the material was found on the Peacock Service),
• 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, 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.
Send this notice to the agent identified below to request a review of the alleged infringement:
By mail:
NBCUniversal
Attn: DMCA Agent
100 Universal City Plaza, LRW 6
Universal City, CA 91608
Phone: 818-777-1000
By e-mail: dmca.agent@nbcuni.com
5. Restrictions, Account Suspension and Termination
5.1. Prohibited Actions. You may not attempt any of the actions set forth in this Section 5.1 or authorize, facilitate, or induce others to do so. You recognize that Uploading unlawful material could expose you to criminal and/or civil liability.
• You may not attempt to gain unauthorized access to computer systems or networks connected to the Peacock Service.
• You may not threaten, abuse, harass, or invade the privacy of any third party. Furthermore, you may not interfere with any other user’s ability to use or enjoy the Peacock Service.
• You may not use or encourage or facilitate others’ use of any portion of the Peacock Service for any unlawful purpose or in violation of applicable law. You may not Upload any content or material that is (i) fraudulent,(ii) infringing on the rights of any third party, (iii) libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate (including images of a sexual nature), or (iv) otherwise unlawful.
• You may not impersonate any other person or entity or otherwise misrepresent or disguise yourself. You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the Peacock Service in a manner that suggests an association with our products, services, or brands except as agreed by us in writing. You may not provide fictitious information or conceal your identity or location, including in an attempt to circumvent limits associated with Promotions or geographic Content restrictions.
• You may not, either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone, or other device or other means (i) remove, alter, bypass, avoid, interfere with, obstruct, decompile, reverse-engineer, disassemble, or circumvent any copyright, trademark, or other proprietary notices marked on the Peacock Service or Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Peacock Service or Content, or (ii) copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, frame, transmit, or retransmit the Peacock Service or Content, or any part thereof or any materials derived therefrom, unless expressly permitted by us in writing.
• You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Peacock Service or its servers and infrastructures. You are also prohibited from disabling, modifying, or interfering with the Peacock Service to allow users to view Content without (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, copyright notices, and trademarks), and (ii) having full access to all functionality permitting viewing of Content, including all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
• You may not use any software or device that allows automated gameplay, expedited gameplay, or other manipulation, and you agree not to cheat or otherwise modify the Peacock Service or game experience to create an advantage for one user over another.
• You may not insert any code into the Peacock Service or Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the Peacock Service or any computer software, hardware, or telecommunications equipment associated with the Peacock Service, or (ii) enable or facilitate unauthorized access to the Peacock Service or Content of ours or any third party.
• Except as expressly authorized in the Terms of Service, you may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the Peacock Service or any Content available via frames or links, and you may not otherwise surroundor obfuscate the Peacock Service or Content with any third-party content, materials, or branding.
• You may not solicit or collect information about other users of the Peacock Service or use any such information for (i) unauthorized or unsolicited advertising, junk, or bulk email, chain letters, or any other form of unauthorized solicitation, or (ii) any other commercial purposes.
• You may not access, search and/or collect data from, or attempt to access, search and/or collect data from, the Peacock Service by any means (whether automated or manual) other than through our currently available, published interfaces that are made available to you by us, unless Peacock has given its express written authorization to do so. Without limiting the foregoing, (i) you may not use any robots, spiders, crawlers, devices, scripts, or other data gathering or extraction software and/or tools, whether automated or manual, to access, acquire, copy, monitor, scrape, data mine, or aggregate any Content or any portion of the Peacock Service for any purpose, and (ii) you may not use any Content for the purpose of directly or indirectly training, developing, or improving a software tool or service, including any artificial intelligence tool, model, system, or platform.
• You may not build a business for commercial purposes, in whole or in part, resell, redistribute, or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Peacock Service or Content, whether for profit or for no profit.
• Except as otherwise agreed between Peacock and you in writing, you may not use the Peacock Service in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (for example, offering products or services, conducting raffles or contests, or displaying sponsorship banners), or (ii) that solicits funds, advertisers, or sponsors, whether for profit or for no profit.
• You may not Upload unsolicited bulk communications of any kind. For example, you may not send “mailbombs” (that is, mailing 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” (that is, unsolicited emailing for business or other purposes).
5.2. Investigations, Monitoring, and User Disputes. We may, but are under no obligation to, examine, record, copy, and disclose your use of the Peacock Service 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 modifying or removing any User-Generated Content, warning users, suspending users and Passwords, terminating accounts, blocking access to the Peacock Service, or taking other corrective action we deem appropriate. You are solely responsible for your use of the Peacock Service, User-Generated Content, and any interaction with other users of the Peacock Service, and we reserve the right, but will have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Peacock Service.
5.3. Suspension and Termination. You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to the Peacock Service and to any Content if we believe you are using or have used the Peacock Service in violation of these Terms of Service or applicable law. For example, we may restrict or suspend access to your Peacock account (i) based on requests from law enforcement or other government authorities, (ii) due to unexpected technical issues, or (iii) if we reasonably believe that your Peacock account has been created or accessed fraudulently. We also reserve the right, but are not required, to terminate any Peacock account that remains inactive for an extended period of time (for example, for more than one year).
You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Peacock account or the Content. Any such suspension or termination will not affect any right or relief to which we may be entitled, at law or in equity, and we reserve the right to take appropriate legal action against you for violating intellectual property rights, these Terms of Service, fraud, or similar grounds for termination.
UPON OUR TERMINATION OF YOUR PEACOCK ACCOUNT, ALL RIGHTS GRANTED BY US TO YOU IN THESE TERMS OF SERVICE WILL AUTOMATICALLY TERMINATE AND IMMEDIATELY REVERT TO US, BUT THESE TERMS OF SERVICE WILL REMAIN IN FULL FORCE AND EFFECT WITH RESPECT TO YOUR PAST USE OF THE PEACOCK SERVICE, INCLUDING ALL RIGHTS GRANTED BY YOU TO US.
6. Third Party Services, Platform Providers and Licenses
6.1. Third-Party Services. The Peacock Service may provide links to third-party websites, software, services, or other utilities (each, a “Third-Party Service”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. Our inclusion of a link to or other integration with a Third-Party 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 are not responsible for any confidential or personal information you provide in connection with any Third-Party Service or for 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 Service on the Peacock Service.
6.2. Third-Party Platform Providers. If you access or download the Peacock Service via an Apple, Amazon, Google, Microsoft, Samsung or other third-party app store or platform (each, a “Third-Party Platform Provider”), such Third- Party Platform Providers will be third-party beneficiaries to these Terms of Service. However, these Third-Party Platform Providers are not party to these Terms of Service and have no obligation to provide maintenance and/or support of the Peacock Service. Your access to the Peacock Service 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 and privacy policies that apply to such Third-Party Platform Providers.
In the case of the Peacock Service application accessed or downloaded via a Third-Party Platform Provider’s app store or platform, Peacock and not such Third-Party Platform Provider is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including (i) product liability claims, (ii) any claims that such application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, Peacock and not the Third-Party Platform Provider will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
6.3. Third-Party Licenses. The Peacock Service may include open-source software or third-party software. Any such software is made available to you under the terms of the applicable licenses. Please review the information set forth here for applicable license terms related to the Peacock Service.
7. Disclaimers, Limitations of Liability, and Indemnification
7.1. Disclaimer of Warranties. We make no representations or warranties as to the Peacock Service (which, for purposes of this Section 7 only, will include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness, or otherwise. WE PROVIDE THE PEACOCK SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND LICENSORS (COLLECTIVELY, THE “PEACOCK 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, OR 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.
7.2. Limitation of Liability. IN NO EVENT WILL THE PEACOCK PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE PEACOCK SERVICE OR THESE TERMS OF SERVICE EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO PEACOCK IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. TO THE MAXIMUMEXTENT 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 PEACOCK SERVICE. FURTHERMORE, NONE OF THE PEACOCK 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 PEACOCK SERVICE. 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 PEACOCK 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. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE PEACOCK PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7.3. Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGE YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE PEACOCK PARTIES OR YOUR USE OF THE PEACOCK SERVICE IS NOT IRREPARABLE AND IS 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 SERVICE OR THE DISPLAY, PERFORMANCE, OR DISTRIBUTION OF ITS CONTENT.
7.4. Indemnification. 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 (i) any breach of these Terms of Service, (ii) User- Generated Content that is Uploaded from your account, and/or (iii) your use of the Peacock Service or any use of your account via the Peacock Service.
8. Dispute Resolution
8.1. Disputes to Be Heard in Court. Peacock and you agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these Terms of Service or regarding (i) your use of or interaction with the Peacock Service, (ii) any purchases or other transactions or relationships related to your use of the Peacock Service, or (iii) any data or information you provide to us or we gather in connection with such use, interaction, or transaction will be resolved in federal or state (including small claims) court, andneither party will be required to arbitrate any claims against the other. Any claims filed after the effective date of these Terms of Service will be resolved in federal or state (including small claims) court, as the case may be, and this dispute resolution procedure expressly supersedes any prior provision of any agreement.
8.2. Applicable Law. These Terms of Service, any Supplemental Terms, and the relationship between you and us will be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions (unless otherwise provided in such Supplemental Terms). 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.
8.3. Jurisdiction and Venue. Any action or proceeding arising from, relating to, or in connection with these Terms of Service will be brought exclusively in the federal or state (including small claims) 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.
8.4. Limited Time to File Claims. UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW THAT ESTABLISHES A DIFFERENT STATUTE OF LIMITATIONS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE USE OF THE PEACOCK SERVICE OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
9. Additional Terms
9.1. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Peacock Service 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.
9.2. No Waiver. No failure or delay by us in exercising any right, power, or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.
9.3. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
9.4. Entire Agreement. These Terms of Service represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
9.5. Assignment. These Terms of Service are binding upon and will inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You will not assign your rights or obligations hereunder without our prior written consent, and any assignment without our consent will be void and invalid at the outset.
9.6. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided or by posting the notice on Peacock’s website. You agree that these electronic notices satisfy any applicable notification requirements, including legal requirements that such communications be in writing.
9.7. Marketing Communications. You can unsubscribe from our marketing emails via the unsubscribe link provided in the emails or by following instructions provided in the Help Center. You will continue to receive administrative messages from us, such as order confirmations, subscription renewal notices or other communications regarding our relationship or transactions with you.
9.8. 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 Terms of Service.
9.9. Survival. The provisions of these Terms of Service which by their nature should survive the termination of these Terms of Service will survive such termination, including your obligation to pay subscription fees (plus applicable taxes and fees) in Section 2, our right to exploit User-Generated Content in Section 4, our enforcement rights in Section 5, the limitations of liability in Section 7, rules regarding dispute resolution in Section 8, and the general provisions in this Section 9.
Wow, you made it to the end of the whole document. Amazing! You deserve a long, satisfying binge. Thanks for taking the time to read through our terms. Welcome to the flock!