1. The Website
The Website is owned and operated by Comcast Spotlight, LP. (“Comcast Spotlight” “we,” “us,” “our” or similar pronouns). As used in these Terms, the term “Website” shall also refer to the logos, designs, text, graphics, software, other content and materials available through the Website and the selection and arrangement thereof (collectively, “Content”), and the Comcast Spotlight hardware, software and networks associated with making the Website available to you (collectively, “Comcast Spotlight System”). Unless explicitly stated otherwise, any new features, functionality or services that augment or enhance the Website in the future shall be considered part of the Website and subject to these Terms.
By using or accessing the Website, you represent and warrant that: (a) you are 18 years of age or older; (b) you own or have authorization to use a personal computer to access the Website; and (c) you will use the Website in accordance with these Terms.
You acknowledge that the Website is subject to outages, slow downs or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption or delays arising from any source. Comcast Spotlight will not be liable to you if the Website in unavailable at any given time. You agree that your sole remedy for any Website unavailability shall be to terminate your use of the Website.
You are solely responsible for providing any hardware, systems and software programs you use to access the Website, and any associated fees, charges and expenses. For example, if you choose to access the Website through your personal computer, you are required to obtain at your own cost a compatible personal computer and an Internet access plan from a service provider.
3. Modification of these Terms; Termination
If you do not agree with any of these Terms, please do not use the Website. Comcast Spotlight reserves the right, in its sole discretion, to modify these Terms at any time without further notice. The most recent modification date will be noted by the “Last Updated” date below. Your continued use of the Website after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features available as a part of the Website, additional terms and conditions, rules, policies and disclaimers may apply. Comcast Spotlight may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, including the availability of any features of the Website or access to any parts of the Website, at any time with or without notice to you. You agree that Comcast Spotlight shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You may terminate your use of the Website at any time. Comcast Spotlight may terminate your access to or use of the Website at any time for any reason with or without notice to you. Upon any termination of your use of the Website, you must promptly destroy all Content obtained through the Website, as well as any copies of the Content. Sections 3, 5, 7, 9, 10, 11, 12, 14 and 16 and any other provisions that by their nature should survive termination shall so survive any termination of your use of the Website. You agree that Comcast Spotlight shall not be liable to you for any termination of your use of or access to the Website.
4. Registration and Account Security
In order to participate in certain features of the Website, you may be required to register for a Website account or receive access to a Comcast Spotlight client account (each, an “Account”). If you choose to register for or receive an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form or as requested by your Comcast Spotlight contact; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Website or through your Comcast Spotlight contact. You acknowledge and agree that Comcast Spotlight will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Website. If Comcast Spotlight has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, Comcast Spotlight may suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof). For Comcast Spotlight clients, you represent and warrant that you have duly authorized those accessing your client section of the Website using your login credentials to do so and that you will be directly responsible for the acts or omissions of those who use your login credentials to access the Website. You are responsible for all use of your Account under any user name or password (or login credentials) by any person or entity and for ensuring that use of your Account complies fully with the provisions of these Terms. You are solely responsible for protecting the confidentiality of your user name and password.
6. License Grant
Comcast Spotlight grants to users a limited, non-exclusive, non-transferable license to access and use the Website (including any Content) strictly in accordance with these Terms. Comcast Spotlight may terminate this license at any time for any reason. You may use the Website on one personal computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and you may not take any action that imposes an unreasonable or disproportionately large load on the Comcast Spotlight System.
7. Proprietary rights
All ownership rights and title in and to the Website, including all Content therein, are owned by Comcast Spotlight and its licensors and protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights and international treaties. Except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way the Website, or any portion therein, including, without limitation, any Content, without the prior written permission of Comcast Spotlight. All rights not expressly granted to you through these Terms are retained by Comcast Spotlight and its licensors.
Nothing in these Terms grants to you any right to use any of Comcast Spotlight’s trademarks, service marks, logos, domain names or other indicia of origin.
8. User Conduct
In using or accessing the Website, you agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or any affiliated or linked websites;
not to disrupt or interfere with any other user’s enjoyment of the Website;
not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files;
not to use, frame or utilize framing techniques to enclose any Comcast Spotlight trademark, logo or other proprietary information (including the images available through the Website, the content of any text or the layout/design of any page or form contained on a page) without Comcast Spotlight’s express written consent;
not to use meta tags or any other “hidden text” utilizing a Comcast Spotlight name, trademark or product name without Comcast Spotlight’s express written consent;
not to “deeplink” to the Website without Comcast Spotlight’s express written consent;
not to create or use a false identity on the Website;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise in violation of any law; and
not to post any copyrighted material unless the copyright is owned by you.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities in connection with the Website.
You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
9. User Materials; Community Features; Submissions
The Website may offer opportunities for users to submit and post their own user content (collectively, “User Materials”) in connection with various Website features (each, a “Community Feature”). The selection of available Community Features may change from time to time in Comcast Spotlight’s sole discretion.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with the Website, whether solicited or unsolicited, you are granting Comcast Spotlight a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. Comcast Spotlight also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your
User Materials. All User Materials become the unrestricted licensed property of Comcast Spotlight.
You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Comcast Spotlight will not infringe or violate the rights of any third party in any manner.
Comcast Spotlight may at its own discretion monitor and prescreen User Materials, and while Comcast Spotlight and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms or is otherwise objectionable, you agree to evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that the Website is “public,” and in addition to the license granted to Comcast Spotlight, other users will have access to your User Materials and might copy, modify or distribute them.
In your use of any Community Feature, you agree not to upload, transmit, distribute or otherwise publish in any form any User Material that is:
libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
illegal in any way or advocates illegal activity;
an advertisement or solicitation of funds, goods or services;
a message posted by a user impersonating another;
personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references; or
or could be considered bulk unsolicited communications.
You acknowledge that Comcast Spotlight is not responsible for any User Material posted in any Community Feature or otherwise available at or through the Website. Comcast Spotlight is merely providing access to such Community Features and User Materials as a service to our users to be used in accordance with these Terms. The Community Features may only be used by users in a personal, noncommercial manner for informational purposes, only. With respect to any User Materials posted by other users, such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy and truthfulness of any such User Materials. Similarly, Comcast Spotlight has no control over whether such User Materials are of a nature that other users might find offensive, distasteful or otherwise unacceptable and, accordingly, Comcast Spotlight expressly disclaims any responsibility for any User Materials. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment and caution in accessing User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any User Materials that you access or use.
Comcast Spotlight reserves the right, but not the obligation, to monitor and delete any User Materials deemed inconsistent with our policies. Comcast Spotlight also reserves the right to terminate the Account of any user who violates any of these Terms, as determined in our sole discretion.
If you are aware of any User Material on the Website which violates these Terms, please contact us at email@example.com . Please provide as much detail as possible, including a copy of the underlying material, the location where Comcast Spotlight may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, Comcast Spotlight will only remove User Materials if Comcast Spotlight believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement Claims.” Although Comcast Spotlight may attempt to monitor User Materials, in no event does Comcast Spotlight assume any particular obligation to do so or liability for failing to either monitor any Community Website or remove specific User Materials.
Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via the Website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently.
However, if you do still transmit to us, via the Website, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this Section 9 with respect to User Materials. Without limitation thereof, you agree that Comcast Spotlight, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
THE WEBSITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND USER MATERIALS), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAST SPOTLIGHT MAKES NO WARRANTY: (A) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (C) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SUBMITTED USER MATERIALS; (E) THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY THIRD PARTY SUBMITTED USER MATERIALS, THIRD PARTY APPLICATIONS, WEBSITES AND ANY GOODS, SERVICES OR CONTENT YOU MAY RECEIVE IN CONNECTION WITH LINKS CONTAINED WITHIN THE WEBSITE).
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMCAST SPOTLIGHT AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “COMCAST SPOTLIGHT PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING FROM OR IN CONNECTION WITH THE FOLLOWING CIRCUMSTANCES, EVEN IF A COMCAST SPOTLIGHT PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY USER MATERIALS, WHETHER PROVIDED BY YOU OR ANY THIRD PARTY, OR YOUR USE OF OR RELIANCE UPON ANY USER MATERIALS; (D) ANY THIRD PARTY APPLICATION, WEBSITE OR WEBSITE USED IN CONNECTION OR AVAILABLE THROUGH THE WEBSITE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR WEBSITE INTERRUPTIONS; OR (G) ANY MODIFICATION, DELETION OR ADDITION TO YOUR USER MATERIALS BY COMCAST SPOTLIGHT OR ANOTHER WEBSITE USER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMCAST SPOTLIGHT’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COMCAST SPOTLIGHT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Copyright Infringement Claims Comcast Spotlight respects the rights of all copyright holders and in this regard Comcast Spotlight has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Comcast Spotlight’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity 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;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Comcast Spotlight’s Copyright Agent for notice of claims of copyright infringement on or regarding the Website can be reached by email to firstname.lastname@example.org or in writing to Comcast Spotlight, 5 Times Square, 9th Floor, New York, NY 10036, Attn: ComcastSpotlight.com
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.
14. Third Party Applications, Links and Content
The Website includes links or direct connections to other websites, contents or resources made available to you from third parties. For example, the Website may provide direct links to clients or social networking services. You acknowledge that Comcast Spotlight has no control over any such third party applications, websites, content or resources, which are made available by companies or persons other than Comcast Spotlight. You acknowledge and agree that Comcast Spotlight is not responsible for the availability of any such third party applications, websites, content or resources. You further acknowledge that Comcast Spotlight is not liable to you for any loss or damage which may be incurred by you as a result of these third party applications, websites, content or resources.
15. International Users
The Website is controlled, operated and administered by Comcast Spotlight from its offices within the United States. Comcast Spotlight makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.
16. General Terms
Export Laws. You may not use the Website or export the Content in violation of United States export laws and regulations. The Website and Content may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of specially designated nationals or on the United States Commerce Department’s Table of Deny Orders.
Force Majeure. Comcast Spotlight will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood or war.
Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
Notices. You agree that Comcast Spotlight may provide you with notices in connection with the Website by email, regular mail, or postings on the Website.
Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Entire Agreement; Limitation of Actions. The Terms constitute the entire agreement between Comcast Spotlight and you with respect to your use of the Website. To the extent permitted by law, any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
Indemnification. You agree to indemnify and hold harmless the Comcast Spotlight Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or arising from your breach of these Terms, including any representation or warranty set forth herein. As a part of your indemnification obligations, you agree to indemnify the Comcast Spotlight Parties for any claims or suits arising from User Materials you provide and your use of any Community Feature.
Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Applicable Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of New York, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms or your use of the Website (or any portion herein), the proper jurisdiction and venue will be the state or federal courts residing in New York County, New York. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.
Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and Comcast Spotlight, and you do not have any authority to create any obligation or make any representation on Comcast Spotlight’s behalf. You may not assign these Terms by operation of law or otherwise, without Comcast Spotlight’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Comcast Spotlight and their respective successors and assigns.
Contact Us. If you have any questions or comments regarding the Website, you may contact us at [email@example.com ]
Last Updated: May 25 2010
©2010 Comcast Spotlight, LP. All rights reserved.