CNBC.COM TERMS OF SERVICE
LAST UPDATED: June 7, 2013
This is the cnbc.com web site, the home page of which is currently located at www.cnbc.com.
CNBC LLC ("CNBC")'s postal address is:
900 Sylvan Avenue
Englewood Cliffs, NJ 07632
We can be reached via e-mail at firstname.lastname@example.org.
CNBC reserves the right to change this Agreement from time to time, for any reason, which changes CNBC may provide to you by any reasonable means, including without limitation by posting the new version of this Agreement on the Service. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of this Agreement. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into this Agreement.
1. Restrictions on Use
(a) General The Service is a computer online service. It is accessible to you through a personal computer, or other access device at the domain cnbc.com using a communications connection (e.g., internet service provider or modem and telephone line). As part of the Service, you will be provided with services that may include, without limitation, data, information, editorial content, chat rooms, links to other web sites and other computer services that CNBC may decide to offer, subject to the terms hereof. CNBC may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use all or part of the Service, at any time in CNBC's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone, internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by CNBC and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by CNBC and/or its suppliers and licensors. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to code and software ("Material"). You may, however, subject to your compliance with this Agreement, and solely for as long as you are permitted by CNBC to access and use the Service, download certain Material from the Service for your personal, non-commercial use only, provided you do not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices, or any digital rights management mechanism, device or other content protection or access control measure associate with the Service, and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by CNBC and CNBC does not transfer title to any such Material to you.
(b) The Video Player You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Service's video player (the "Video Player"), its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the programs, clips or other content (collectively, "Content") without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located. You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to CNBC (in CNBC's sole discretion), or links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application.
2. Membership Rules and Guidelines
(a) Registration Certain of the Service's offerings will be member based services. If you decide to use member based services you will be required to register an account. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
After registering an account on the Service, you will be sent a confirmation email containing a link to the Service. In order to activate your account, you must click on that link and log-in to the Service.
(b) Passwords Should CNBC provide to you a password, or should you select a password, that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify CNBC of any unauthorized use of your password or account, or any other breach of security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties.
(c) Rules for Use of the Service
By uploading files, inputting data, submitting content (including without limitation, comments to blogs, message boards, forums or other postings) or engaging in any other form of communication (a "Communication") through the Service you are granting CNBC a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of CNBC. For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Communication, and your provision thereof to and through the Service, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that you may have under any applicable law under any legal theory.
(4) Content on the Service
Communications posted through the Service may be provided by users such as you who are unaffiliated with CNBC, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not CNBC, are entirely responsible for all Communications that you upload, post, email or otherwise transmit to or via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by CNBC, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. CNBC neither endorses nor is responsible for any opinion, advice, information or statements made in the Communications by third parties. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will CNBC be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service. The opinions expressed in the Communications reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of CNBC.
(5) Personal Safety
When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Please note that CNBC has no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Communication or any other part of the Service. If you choose to make any of your personally identifiable or other information publicly available on the Service, you do so at your own risk.
Portions of the Service may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, comments, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Service or others ("Post" or "Postings"). Various sections of the Service may permit registered users to submit comments. CNBC staff, in their sole discretion, may review, edit and shorten certain submitted Postings and/or select certain Postings to display. Postings may include one or more of the following: your screen name, first name, last name initial and state. In some instances we may ask registered users how they would like to be identified in their Posting.
By making a Posting, you are representing and warranting 1) that you are at least 18 years old and 2) that your comment does not violate the rights of any other person or entity. You will not receive any compensation for your comment or for granting any of these rights. CNBC is not obligated to use your comment. For more detail on Postings, see Section 23.
3.How Our Service Works
CNBC provides users with access to a rich collection of resources related to financial and business news, such as CNBC video programming, financial tools and news analysis (the "Content"). Some of our Content requires users to be registered and other Content requires users to pay a fee which could be billed either in regular increments (e.g. monthly or yearly) or on a pay-per-use basis.
You understand and agree that the Service may include certain communications from CNBC, such as service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that CNBC assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. Our Subscription Services
The Service may offer certain services (including without limitation, CNBC Plus) for which we charge a fee that is billed in regular increments (e.g. monthly or yearly) in order for registered users to access the service ("Subscription Services")
From time to time, we may offer our Subscription Services (including without limitation, CNBC Plus) through a free trial. Free trials are only available to first time subscribers of the Subscription Service and cannot be combined with any other offer. Only one free trial may be redeemed per person. You must have Internet access, valid email address and a valid credit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for the length of subscription indicated during the registration process. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.
At the end of any free trial period, we will begin billing your Payment Method for the indicated subscription fees corresponding to your subscription plus any applicable tax unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MEMBER CENTER" LINK AT THE HOME PAGE OF THE SERVICE FORCANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a regular basis for your subscription plan until you cancel. You may cancel your subscription at anytime. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly, or year or yearly refers to your billing cycle (See "Billing" below).
Subscription fees are subject to change. In the event of a change in any subscription fee, a notice regarding the subscription fee change will be posted at the Member Center or you will be sent an email prior to the effective date of the fee change. It is the sole responsibility of the subscribers to check this page from time to time for any such notices.
Credit Card Billing
By subscribing to a Subscription Service, you are expressly agreeing that we are permitted to bill you a periodic (e.g., monthly or yearly) subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Subscription Service. As used in these Terms of Service, "billing" shall indicate a charge against your Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE. The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each period on the calendar day corresponding to the day after your free trial has ended. In the event a monthly membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. If you received a free trial, your Payment Method will be authorized for the approximate period of service indicated during registration for the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. All fees, taxes and charges are nonrefundable. There will be no refunds or credits for partially used periods, unless required by applicable law. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by posting a notice at the Member Center or by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Member Center" button, available at the top of the home page of the Service. If your Payment Method reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, CNBC shall have the right to terminate or suspend your subscription and your access to the Subscription Service.
Your subscription to a Subscription Service will be automatically renewed on a periodic (e.g., monthly or yearly) basis. We will bill the applicable subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your subscription will automatically renew for successive periodic subscriptions, without prior notice to you, unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each period in order to avoid billing of the next period's subscription fees to your Payment Method.
You may cancel your subscription to a Subscription Service at anytime, and cancellation will be effective at the end of the applicable period during which you notify CNBC of your cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. To cancel, click the word "Unsubscribe" on the "Member Center" page and follow the instructions.
CNBC reserves the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the discontinuation of the Subscription Service; in such event, CNBC will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. We reserve the right to terminate your account for any reason or no reason.
5. Account Access; Identity Protection
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you're a victim of identity theft and it involves a CNBC account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. CNBC reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. CNBC is not obligated to credit or discount a membership for holds placed on the account by either a representative of CNBC or by the automated processes of the Service.
6. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. Customer Support
All customer support for the Service will be conducted solely online and/or via email at email@example.com.
CNBC is pleased to hear from users and welcomes your comments regarding CNBC's programs and services. CNBC's longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by CNBC's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of CNBC, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to CNBC. Disclosure, submission, or offer of any Comments shall constitute an assignment to CNBC of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. CNBC may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to CNBC and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. CNBC is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user's Comments.
9. Merchants and Rules for Sweepstakes, Contests, Raffles and Similar Promotions
10. Disclaimer of Warranties
DATA PROVIDED BY FINANCIAL EXCHANGES ARE REPORTED REAL-TIME BY CNBC WHERE INDICATED, HOWEVER, DEPENDING ON WHERE AND HOW YOU ARE ACCESSING THE CNBC SERVICE, THE SERVICE AND THE DATA CONTAINED THEREIN MAY BE DELAYED DUE TO THE MEANS OF TRANSMISSION.
CNBC HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. CNBC, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS DO NOT OPERATE,OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CNBC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. CNBC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED,OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CNBC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOURUSE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. DATA PROVIDED ON THE SERVICE MAY BE DELAYED AS SPECIFIED BY FINANCIAL EXCHANGES INFORMATION PROVIDERS. CNBCFURNISHES THE INFORMATION AVAILABLE ON THE SERVICE WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN SUCH INFORMATION SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION. CNBC AND ITS VENDORS BELIEVE THEIR DATA ANDTEXT SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR GUARANTEED.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
11. Limitation of Liability
IN NO EVENT SHALL CNBC, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, CNBC'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CNBC, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CNBC,ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify and hold harmless CNBC, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
CNBC may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the Materials and/or Content contained in, or accessed through, the Service,(v) tampering with or alteration of any of the Materials and/or Content contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which CNBC may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to CNBC and its licensors.
CNBC, the CNBC logo, and the CNBC Peacock are trademarks of NBC Universal, Inc. and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of CNBC or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.
CNBC is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians who wish to allow their children access to the Site should assist them in selecting appropriate Content and supervise their access to the Site. Please remember that the Site is designed to appeal to a broad audience. Accordingly, as your child's legal guardian, it is your responsibility, not the responsibility of CNBC, to determine whether any portion of the Site, or any site linked from the Site, is appropriate for your child. CNBC invites parents and guardians to visit the web site of the Internet Watch Foundation at http://www.iwf.org.uk/ for information and advice on protecting their children when they are online. Parents and guardians, please note that parental control protections (such as computer hardware, software or filtering services) are available that may assist you in limiting access to material that is harmful to minors.
16. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, CNBC hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://kids.getnetwise.org/
17. Infringement Policy
CNBC, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. CNBC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), CNBC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to CNBC in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
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:
A. 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.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 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.
C. 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.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. 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.
F. A statement that the information in the notification 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. CNBC's Proprietary Rights
You acknowledge and agree that the Service, the Materials, the Content and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CNBC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. CNBC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to (a) modify the Software in any manner or form, or (b) use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CNBC for use in accessing the Service.
19. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
20. Modification to the Terms of Service
CNBC reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service without notice. The Service may provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. Please review this Agreement from time to time so that you will be apprised of any changes. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
21. Third Party Applications, Websites and Advertisers
Your access to or use of the Service may require your use of a media player or other application that is not provided by CNBC. Your use of such media player or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. PLEASE NOTE THAT CNBC IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF SUCH THIRD PARTY APPLICATIONS.
CNBC takes no responsibility for advertisements or any third party material Posted on the Service, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Service are between you and the advertiser, and you agree that CNBC is not liable for any loss or claim that you may have against an advertiser.
22. Export Control
Although the Service is accessible worldwide, not all products or services discussed or referenced in, or made available through, the Service are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. CNBC, its parent, subsidiary companies, affiliates, suppliers and agents, reserve the right to limit the availability of the Service and/or the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in our or their sole discretion.
Material from the Service is further subject to United States export controls. No Material from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any 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.
23. Rules for Message Boards, Forums, Chat Rooms, Comments & Other User-Supplied Material
Portions of the Service may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Service or others ("Post" or "Postings"). Postings do not reflect the views of CNBC, its parent or subsidiary companies, its affiliates or their respective officers, directors, employees or agents, and CNBC does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in this Agreement, CNBC should not be seen as endorsing any Post in any way. CNBC, its parent company, and their respective officers, directors, employees, subsidiaries and/or affiliates shall not be liable for any Posting that is in violation of this Agreement.
You acknowledge that anything you submit to the Service by way of any Posting is routed through CNBC's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on the Service are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards, forums, chat rooms or comments (collectively, "Forums"), that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. As set forth in this Agreement, users of Forums must follow acceptable standards of behavior when posting messages online. Users under the age of 18 may not submit Postings to any Forums.
If a Posting originates from you or your account, you hereby agree not to post any materials that (1) interfere with anyone else's use of the Service; (2) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright, trademark or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on the Service or any subsite within the Service.
The Forums provided on the Service are for the purpose of exchanging views and information about television programming. CNBC reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials for any reason whatsoever, in its sole discretion. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although CNBC may from time to time monitor or review Forums, bulletin boards, discussions, postings, transmissions, and the like on the Service, CNBC is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. CNBC may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate CNBC's policies in any way. Further, CNBC reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. CNBC will fully cooperate with any law enforcement authorities or court order requesting or directing CNBC to disclose the identity of anyone posting such materials. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you submit a posting to the Forums on the Service, you hereby agree to the following: By submitting a Posting, you grant CNBC.com a non-exclusive perpetual worldwide license to such Posting, and that CNBC shall have the right to use all or any portion of such Posting in all media now known or hereafter devised, worldwide, in perpetuity, as determined by CNBC in its sole discretion. You represent and warrant that you are at least 18 years old. You agree at all times to abide by the Forums' Rules, and acknowledge that failure to do so may lead to the suspension of your ability to post to the Forums. You should also specifically review Sections 10, 11 and 24.
24. No Investment Advice
If you intend to use the Service or receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 10 and 11 again. They are particularly important for you. The Service is provided for informational purposes only. You understand and hereby agree that the Service and CNBC do not recommend any security, financial product or instrument, nor does any mention of a particular security on the Service constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You also understand and acknowledge that neither the Service nor CNBC provide tax, legal or investment advice. You further understand and hereby agree that the Service and CNBC do not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You hereby agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. CNBC shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. Any information provided on the Service may have been previously disseminated and does not reflect the opinions of CNBC, NBC Universal or our parent company or affiliates.
You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by CNBC to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of CNBC. Any assignment of the foregoing other than as provided for in this section shall be and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If you believe that any content on the Service (including, without limitation, Postings) violates any of the terms of this Agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. You acknowledges that the provisions of this Agreement are intended to inure to the benefit of entities affiliated with CNBC or licensors of CNBC or any of its affiliated entities as third party beneficiaries of this Agreement, and CNBC, its affiliated companies or its or their licensors will be entitled to enforce such provisions against you.
26. Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the State of New York in the United States without giving effect to any principles of conflicts of law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You hereby agree that any disputes arising under or in connection with this Agreement and/or the Service shall be submitted for resolution to federal and state courts in New York County in the State of New York, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in the County of New York in the State of New York. The arbitrator's decision shall be based upon the laws of the State of New York as set forth in Section 26 above, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in New York County in the State of New York shall have such jurisdiction. The foregoing shall not preclude CNBC from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).
28. Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to email@example.com. You may also contact us by writing to cnbc.com — Customer Care Department, 900 Sylvan Avenue, Englewood Cliffs, NJ 07632, or by calling us at 201-735-2622. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.