Terms of Service:CNBC.com
CNBC.COM TERMS OF SERVICE
LAST UPDATED: April 20, 2009
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 email@example.com.
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.