Terms of Service
Know Your Distance, its subsidiary and affiliated companies maintain this and related websites, games, interactive TV, and mobile apps. Welcome to one of our offerings! Thank you for visiting and learning more about us.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE SITE OR ANY ONLINE SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE ONLINE SERVICES.
- Acceptance of Terms of Service
Know Your Distance may modify these Terms of Service prospectively from time to time at its sole discretion. Your continued use or accessing of the online services following the posting of any changes to the Terms of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms of Service via posting of updates on the Site.
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have the legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of the use of these online services that all the details you provide be correct, current, and complete. If we at Know Your Distance believe the details are not correct, current, or complete, we have the right to refuse you access to the online services, or any of its resources, and to terminate or suspend your account.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE OR ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT) AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOU’RE GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service and any applicable Additional Terms each time you use the online services (at least before each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or other notice to you. However, the Terms of Service (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of new, revised, or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the e-mail you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised, or additional Terms of Service by discontinuing the use of the Site and related online services.
- Permitted Uses
Your use of the online services shall be limited solely to your personal and non-commercial use. The online services contain material that is derived in whole or in part from material supplied and owned by Know Your Distance as well as third parties (“Content”). As between Know Your Distance and You, Know Your Distance owns all rights, titles, and interests in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the online services and Content. You acknowledge Know Your Distances valid intellectual and proprietary property rights in the online services and Content and that your use of the online services is limited to the access, viewing, and downloading of Content, all solely as authorized byKnow Your Distance Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the online services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use the online services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone, or other devices (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the online services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the online services or Content, or (iii) any advertisement on the online services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the online services or Content unless expressly permitted by Know Your Distance writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the online services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or online services with any third party content, materials or branding. You may also not use any software robots, spiders, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape, or aggregate Content or any portion of the online services. See Section 22 for terms applicable to the use of links to online services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the online services or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the online services or Content, whether or not for profit.
To the extent that Knows Your Distance makes Content available to you via a widget, embedded player, or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with, or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
- Access to the Site and Availability of Services
Know Your Distancemay change, suspend, or discontinue any aspect of the Site or online services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 20 (Termination) below.
You are responsible for any charges incurred in obtaining access to the Site and online services. The Site and online services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site from Know Your Distance. Know Your Distance reserves the right to change the nature of this relationship at any time.
You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our online services or this Terms of Service.
- Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
To access certain features of this Site, or to conduct a transaction through one of our transactional channels, you may be required to register for an account (“Account”). If you register for an Account, you agree to (a) provide true, accurate, and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete as permitted through the functionality of the Site. You acknowledge and agree that Know Your Distance 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 Site. If Know Your Distance has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate, or incomplete, Know Your Distance may suspend or terminate your Account and refuse any current or future use of the Site (or any portion thereof).
As part of the registration and account creation process necessary to obtain access to portions of the Sites that require a fee or payment, you will have to create a user account with a password. You will provide Know Your Distance with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID or password that Know Your Distance, in its sole discretion, deems offensive or inappropriate.
Any usernames and passwords used for this Site or services are for individual use only. You are responsible for all use of your Account under any user name or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Terms. You are solely responsible for maintaining the security and confidentiality of the password you use to access your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, in Know Your Distance’s sole discretion, and Know Your Distance may refer you to appropriate law enforcement agencies. You may terminate your Account at any time by sending an e-mail to: firstname.lastname@example.org .
You agree to immediately notify Know Your Distance of any unauthorized use of your password or Account or any other breach of security. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the online services and Site. Know Your Distance has the right to provide user billing, account, content, or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers, or business). Please note that anyone able to provide your personally identifiable information will be able to access your Account so you should take reasonable steps to protect this information. You are responsible for all charges incurred up to the time the Account is terminated.
You understand and agree that the Site and/or online services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the online services. If you don’t want your activities on such social networks to be shared, your only option is to deactivate the related social network account.
- Transactions and Group Purchase Deals
Our sites provide opportunities for you to make purchases (“transactions”). Each transaction is governed by these Terms of Service and the specific terms of the particular transaction which will be communicated to you during the check-out process. You agree that all transactions made by you on the Site cannot be exchanged and are non-refundable. All purchases are subject to the applicable service fees and charges, which are also non-refundable.
claims, liabilities, and costs you may suffer, directly or indirectly, in full or in part, related to the use or redemption of a Deal.
value) worth of goods/services/experience from the Partner, for so long as the Partner honors the Purchase Value.
- Digital Items, Subscriptions, and Credits
Purchases of usage subscriptions (including credits, points, and/or virtual currency) or any virtual items made available on the online services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. We may also immediately suspend or terminate the rights we grant you to usage subscriptions and virtual items for any or no reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.
We do not recognize the transfer of usage subscriptions or virtual items (including for “real” money or any other consideration or items of value whether inside or outside of the online services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.
If we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be outlined in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be outlined in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site and the online services. Click here to show this notice, which forms part of these Terms of Service.
- Wireless and Location-Based Features; Social Media Plug-ins
(a) Wireless Features. The online services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the online services’ features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available, and how much they cost. You should also contact your carrier with any other questions regarding these issues.
If you are having trouble redeeming a Deal or have any other questions, please email us at Know Your Distance. Mobile App collects precise information about the location of your devices, it will be used to provide requested location services, and, depending on the particular Mobile App it may be used, amongst other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow you to disable location-based features or manage preferences related to them. However, you can terminate device location tracking by us uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other non-NBCUniversal products exist today that may be used specifically for these purposes.
(d) Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, and Google Plus (amongst others) are integrated into our Site and other online services. Where our online services contain a plug-in to a social network, these are marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature, and Google Plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our online services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in, etc., then you may be permitting us to have ongoing access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow, etc.).
- Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to the online services. You are responsible for the content of your communications (including User Content as defined in Section 11) via the online services.
. No Interference. You may not interfere with any other user from using or enjoying the online services.
. No Bullying. You may not use the online services to threaten, abuse, harass, or invade the privacy of any third party.
. Content Posted by You Must be Yours. You may not upload, post, transmit, or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights.
. Your Materials Must be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
. Don’t Damage Our Site, Online Services, or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, or any other online services, or obtain unauthorized access to the online services or Content or any data or other information of any third party.
. No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the online services or use the online services, Content, or any information contained therein for any unlawful purpose. Know Your Distance in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the online services violates this provision.
. Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation Know Your Distanceor with any other person or entity.
. No Criminal or Unlawful Conduct. You may not use the online services, Content, or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
. Follow These Terms of Service and Conduct Rules. You may not take any action on the online services that violate any applicable law or these Terms of Service.
We may require, at any time, proof that you are following these rules. We reserve the right to take or refrain from taking, any and all steps available to us, including suspending or terminating your access to the online services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
- User Content; Grant of Limited License
Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Know Your Distance (including without limitation, its licensees, affiliates, successors, and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to NKnow Your Distance the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that Know Your Distance, its licensees, affiliates, successors, and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Know Your Distance under these Terms of Service and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Know Your Distance, its licensees, affiliates, successors, and assigns, will be entitled to retain any revenue generated from any sales, licenses, assignments, and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate Know Your Distance or any other person or entity to exercise any of the rights granted by you under these Terms of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Service. You agree that Know Your Distance, its licensees, successors, and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Know Your Distance, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that NBCUniversal does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement and that you will not be paid for any User Content.
Use of Name and Likeness: By posting User Content on the online services, you consent to the recording, use, and reuse by Know Your Distance, its licensees, successors, and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Know Your Distance, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Know Your Distance, or related Sites or online services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion, and publicity.
Ownership: Except as expressly outlined in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent, your User Content contains other materials or elements owned by Know Your Distance or any other affiliated company, such as characters or other elements protected by copyright, trademark, or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Know Your Distance.
Idea Submissions Prohibited: Know Your Distance does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming videos, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Know Your Distance through the online services, including posts on any Site or any third-party social network or website, or by e-mail, text message, or any other means. However, if you decide to make any such unsolicited submission, you hereby grant Know Your Distance the right and license to the submission as if it were User Content as specifically set forth above. In addition, Know Your Distance retains all of the rights held by members of the general public concerning your unsolicited ideas and materials. Know Your Distance’s receipt of your unsolicited ideas and materials is not an admission by Know Your Distance of their novelty, priority, or originality, and it does not impair Know Your Distances right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
Public Nature of Online Services: While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of Know Your Distance. Notwithstanding anything else in these Terms of Service, Know Your Distance should not be seen as endorsing any User Content in any way. None of Know Your Distance or its officers, directors, employees, subsidiaries, and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content: User Content does not reflect the views of Know Your Distance Notwithstanding anything else in these Terms of Service, Know Your Distances should not be seen as endorsing any User Content in any way. User Content posted through the online services is provided by users like you who are unaffiliated with Know Your Distance, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not NBCUniversal, are entirely responsible and liable for any claims, loss, or damages relating to all User Content that you upload, post, email, or otherwise transmit via the online services. None of Know Your Distance or its affiliates, or its or their officers, directors, employees, subsidiaries, and/or affiliates are responsible for User Content, accuracy, or opinions expressed on the online services, nor shall they have any liability for any such User Content. Your Distance does not investigate, monitor or check for the accuracy or completeness of User Content. You understand that by using the Site or online services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the online services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Know Your Distance will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the online services.
- Children’s Online Privacy Protection Act Notification
Know Your Distance is not designed or intended for use by children under the age of 13.
- Disclaimer of Warranties
While Know Your Distance uses reasonable efforts to include up-to-date information on the Site and online services, Know Your Distance makes no warranties or representations as to its accuracy, timeliness, reliability, completeness, or otherwise.
NBCUNIVERSAL PROVIDES THE ONLINE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Know Your Distance, ITS PARENT, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “NBCUNIVERSAL PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Know Your Distance DOES NOT WARRANT THAT THE ONLINE SERVICES, OR YOUR ACCESS TO OR USE OF THE ONLINE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Know Your Distance DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Know Your Distance DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Know Your Distance MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND Know Your Distance ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Exclusion of Damages
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.
NONE OF THE Know Your Distance PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, or CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF Know Your Distance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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 EACH OF THE Know Your Distance PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, Know Your Distance WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.
- Limitation of Liability. Applicability of Disclaimers, Exclusions, and Limits
IN NO EVENT WILL THE NBCUNIVERSAL PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO Know Your Distance IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, Know Your Distance PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.