www.THETRISHASHOW.COM TERMS AND CONDITIONS OF USE
Welcome to the www.THETRISHASHOW.COM web site. NBCUniversal, its parent, subsidiary and affiliated companies ("THETRISHAGODDARDSHOW") maintain this site ("Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site at any time; however, by browsing this Site, you are subject to the terms and conditions ("Terms and Conditions") of this Site. By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of this Site.
TERMS AND CONDITIONS
Use of Site
THETRISHAGODDARDSHOW reserves the right, in its sole discretion, to amend the Terms and Conditions,
and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications,
additions, deletions shall become effective upon notice thereof, which may be provided to you by posting
on the Site, via e-mail or any other means. Continued use of the Site by you shall constitute your binding
acceptance of any such amendments, modifications, additions or deletions. The Site is owned and operated by
THETRISHAGODDARDSHOW and its affiliated companies and contains material that is derived in whole or in part
from material supplied and owned by THETRISHAGODDARDSHOW and other sources. 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 on, or distribute in any way any material from the Site,
including but not limited to text, audio, video, code and software. During your visit, however, you may download
material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and
other proprietary notices contained on the materials). THETRISHAGODDARDSHOW neither warrants nor represents
that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with
THETRISHAGODDARDSHOW.
Disclaimer of Warranties
While THETRISHAGODDARDSHOW uses reasonable efforts to include up to date information in the Site,
THETRISHAGODDARDSHOW makes no warranties or representations as to its accuracy, timeliness, reliability,
completeness or otherwise. THETRISHAGODDARDSHOW 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
Site. Neither THETRISHAGODDARDSHOW, its parent, subsidiary companies, affiliates, or suppliers operate or
control in any respect the information, products or services on these Third Party Sites. The content, materials, and
products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible
pursuant to applicable law, THETRISHAGODDARDSHOW DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE
OF PERFORMANCE OR COURSE OF DEALING. THETRISHAGODDARDSHOW DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE
UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT
MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY
FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS
FOR THE ACCURACY AND SUITABILITY OF THE SITE, 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 THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN
CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED
PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL
THETRISHAGODDARDSHOW, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE
DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, THETRISHAGODDARDSHOW'S REMOVAL
OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF THETRISHAGODDARDSHOW OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES
OR SUPPLIERS HAS 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 THETRISHAGODDARDSHOW, ITS PARENT OR
SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
Submissions
While we are always happy to hear from you, it is NBC Universal's policy not to accept or consider creative materials,
ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas
are similar to those we have developed independently. Therefore, we must request that you do NOT send to us any
original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do
transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything
you transmit or post shall be deemed the property of and may be used by NBC Universal, or its affiliates, for any
purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, NBC Universal is free to use and shall be deemed to own, any ideas, concepts, know-how, or
techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer
of any submissions to the Site shall constitute an assignment to THETRISHAGODDARDSHOW of all worldwide
rights, titles, and interests in all copyrights and other intellectual property rights in such submission.
THETRISHAGODDARDSHOW may edit, copy, publish, distribute, translate, and otherwise use in any medium any
submission that you forward to THETRISHAGODDARDSHOW 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 submission.
THETRISHAGODDARDSHOW is and shall be under no obligation to: (1) maintain any of your or any user's
submissions in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to
any of your or any other user's submissions.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and
unregistered Trademarks of THETRISHAGODDARDSHOW and others. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of THETRISHAGODDARDSHOW or such third party that may own the
Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on
the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that NBC
will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal
prosecution.
Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants found on or
through the Site, 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.
THETRISHAGODDARDSHOW will NOT be responsible or liable for any loss and/ 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 Site.
Chat Rooms / Message Boards/ Bulletin Boards
The Site 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 Site or others ("Post" or "Postings"). Postings do not reflect the views of
THETRISHAGODDARDSHOW; and THETRISHAGODDARDSHOW does not have any obligation to monitor, edit,
or review any Postings on the Site. THETRISHAGODDARDSHOW assumes NO responsibility or liability arising
from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are
strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability, or otherwise violate any law. THETRISHAGODDARDSHOW will fully
cooperate with any law enforcement authorities or court order requesting or directing Universal to disclose the identity
of anyone posting any such information or materials.
Indemnification
You agree to indemnify, defend and hold THETRISHAGODDARDSHOW and its parent, affiliates, and their
respective officers, directors, owners, employees, agents, information providers and licensors (collectively
the "Indemnified Parties") harmless from and against any and all claims, liability, losses, actions, suits, costs and
expenses (including attorneys' fees) arising out of or incurred by any breach by you of these Terms and Conditions.
THETRISHAGODDARDSHOW reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with
THETRISHAGODDARDSHOW's defense of such claim.
Registration
Should THETRISHAGODDARDSHOW choose to provide member-based services ("Services") on the Site, when
you register to use these Services, you may be required to provide certain personally identifiable information
about yourself. You agree to provide true, accurate and complete information about yourself, and to update the
information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete,
or if THETRISHAGODDARDSHOW suspects that your information is untrue, inaccurate, or incomplete, then
THETRISHAGODDARDSHOW may, in its sole discretion, suspend, terminate, or refuse future access to your
membership in these Services. Any personally identifiable information provided at points of registration on the Site
will be subject to the NBC Universal Web Site Privacy Policy which can be read by clicking here.
Termination
THETRISHAGODDARDSHOW may, in its sole discretion, terminate your password, account (or any part thereof) or
your access to the Site, or remove and discard any Communication transmitted by you, or information stored, sent, or
received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the
Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification
number to access the Site, (iii) any other access or use of the Site 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
software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the
software and/or data files contained in, or accessed through, the Site, or (vi) failure to use the Site or portion thereof
on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to
THETRISHAGODDARDSHOW of your intent to terminate this Agreement. Termination, suspension, or cancellation
of this Agreement or your access rights shall not affect any right or relief to which THETRISHAGODDARDSHOW
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 THETRISHAGODDARDSHOW and its licensors.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, THETRISHAGODDARDSHOW 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 the American Links Up web site, http://www.netparents.org. To view information on our
policy regarding the privacy of information from children under the age of 13, please click here to read the NBC,
Universal Web Site Privacy Policy.
Export Control
The Site is controlled and Operated by NBC Universal from its offices within the State of California, United
States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and
provide information about THETRISHAGODDARDSHOW's products and services available in the United States.
THETRISHAGODDARDSHOW makes no representation that the materials in the Site are appropriate or available
for use in other locations and other countries. Those who choose to access the Site from other locations or other
countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and
to the extent that local laws are applicable. Software available from the Site is further subject to United States
export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (A) into (or
to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other 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 Site, 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.
Infringement Policy
THETRISHAGODDARDSHOW, 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 Site if
it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts
of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to
be infringing. THETRISHAGODDARDSHOW 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), THETRISHAGODDARDSHOW 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 THETRISHAGODDARDSHOW in a written complaint that complies with the requirements below and
delivered to our designated agent to receive notification of claimed infringement by mail:
Gillian M. Lusins
NBC Law Department
30 Rockefeller Plaza, RM. 1081E
New York, NY 10009
Email: [email protected]
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 e- 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.
Governance
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York,
as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third
party or THETRISHAGODDARDSHOW bring to enforce this agreement or, in connection with, any matters related
to this Site shall be brought only in either the state or Federal Courts located in New York County, New York and
you expressly consent to the jurisdiction of said courts. 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 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.