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NBC SPORTS TERMS OF USE Effective date January 1, 2019 NBC Sports Ventures, LLC and its parent, subsidiary and affiliated companies (collectively, “NBC Sports”, “we”, “our” or “us”) maintain websites, mobile apps, games, interactive TV, and other services, products, related software, and/or or mobile or tablet applications relating to our NBC Sports offerings (collectively, our “Services”). These Terms of Use apply whenever you access the Services, regardless of platform or device used. In addition, for users of our Fee-Based Products, including NBC Sports Gold passes, the Subscription Agreement shall also apply. PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION IN YOUR INDIVIDUAL CAPACITY ONLY, NO REPRESENTATIVE CLAIMS, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING OUR SERVICES YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OUR SERVICES.
Throughout these Terms of Use, you will see capitalized words or phrases. These capitalized words and phrases are defined terms and the definitions are found either in these Terms of Use, the Subscription Agreement below, or in our found here: (collectively referred herein as the “Terms of Use”). TABLE OF CONTENTS This table of contents provides a summary of these Terms of Use. This table of contents is intended to help guide you but should not be read as a complete presentation of all of the terms and conditions contained herein. When you agree to the Terms of Use, you accept all of the terms and conditions included and referenced in these Terms of Use, not just those set out in this table of contents. Acceptance of Terms of Use. Each time you access and/or use our Services, you agree to be bound by these Terms of Use and any additional terms that will apply prospectively to you.
You agree to accept notice of posting of any new terms via this platform or device from which you accessed these Terms of Use. Permitted Uses. We grant you a limited revocable license to use our Services for your own personal, non-commercial use only, subject to certain rules and limitations. In certain instances, NBC Sports may offer Fee-Based Products to commercial establishments. Access to and Availability of Online Services. Your use of our Services is subject to various restrictions designed to protect our Services and its users. We may change or discontinue our Services in whole or in part at any time. Registration, Passwords, Unauthorized Use of Your Account and Sharing of Social Features.
You will provide true, accurate and current information if you establish an account with us. Our Services may include a social network.
Your activities with our Services (including interaction with other members, advertisers, videos viewed or audio accessed) may be shared with others. Digital Items, Credits, Fee-Based Products and Subscription Agreement.
Any digital items and credits are provided subject to a limited revocable license to you for certain virtual goods and game play, and have no cash value. In addition,. You Agree to Our and Third Party Ads. By using our Services, you consent to our and our practices detailed therein, including targeted advertising and the use of tracking technologies.
Wireless and Location-Based Features; Social Media Plug-Ins. Wireless carrier charges may apply to your use of our Services via wireless networks or devices and geo-location details. Your Conduct and Acceptable Use.
Your use of our Services is subject to our rules regarding acceptable conduct and practices. Monitoring. We may, but have no obligation to, monitor your use of our Services. User Content; Grant of Limited License. You grant us a broad license to any content that you post on our Services and you bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on our Services. We are not responsible for your business dealings with merchants accessible through, or advertising on, our Services.
Children’s Online Privacy Protection Act Notification. Our Services are not designed or intended for use by children and will be subject to parental controls.
Disclaimer of Warranties. We disclaim all warranties and provide our Services “As- Is.”. Exclusion of Damages. You agree that you are entitled to no damages for any claims related to your use of our Services, except as set out below. Limitation of Liability; Applicability of Disclaimers; Exclusions and Limits. Our liability to you is limited. We are Not Responsible For Third-Party Websites and Content. We are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within our Services.
Indemnification. You agree to indemnify us for material posted by you or through your account. Reservation of Rights. We reserve the right to modify or discontinue our Services at any time subject to these Terms of Use. Termination. We may terminate your account, password or access to our Services in our sole discretion at any time and without prior notice subject to these Terms of Use.
Infringement Policy. You may not post content you do not own or control or otherwise have the right to post, and we encourage you to report any infringing activity you identify on our Services.
Links By You To Our Services. You may link to our Services, subject to some basic conditions. Investigations. We reserve the right to investigate suspected violations of these Terms of Use. Local Regulations.
Except as otherwise permitted by law, our Services are not intended to be available in locations outside the United States. Export Control. To the extent our Services are accessed outside the United States in contravention of these Terms of Use, there are additional legal restrictions on our Services for those countries subject to U.S. Export controls and you do so on your own initiative and at your own risk. Binding Arbitration of All Disputes; No Class Relief. You agree to arbitrate and waive jury trial and class actions.
Dispute Resolution for Non-U.S. Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law.
Citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law. Member Disputes. You are solely responsible for your communications with members or visitors to our Services.
Notice for California Users. Residents of California are entitled to specific consumer rights information. By accessing and using our Services, you agree to certain terms regarding (a) the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Use; (d) your limited time to file claims; and (e) the manner in which you communicate with us. You also agree not to assign or delegate your rights and obligations under these Terms of Use. Terms Applicable for Apple iOS.
There are some other things you should know if you are accessing or using our Services through an Apple device. Subscription Agreement. Acceptance of Terms of Use By accessing or using the Services, you agree to be bound by, and to have irrevocably agreed to, these Terms of Use. If you do not agree, please do not use our Services. Some areas of our Services may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. These additional terms will be posted in connection with the applicable Services and will be in addition to these Terms of Use.
Such additional terms will not change or replace these Terms of Use unless otherwise expressly stated. Where any direct conflict exists between these Terms of Use, or any additional terms, and the applicable, the terms of the shall take precedence. However, provisions unique to these Terms of Use (e.g., arbitration) will remain in effect as provided here. You must have (and, by using our Services, you warrant that you have) the legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
EACH TIME YOU ACCESS OR OTHERWISE USE OUR SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THIS SITE OR VIA OUR APPLICABLE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF OUR SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Use and any applicable additional terms each time you use our Services (or at the very least prior to 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 in other notice to you. However, the Terms of Use (and any applicable additional terms) that applied when you previously used our 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 any new, revised or additional terms and conditions is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional Terms of Use by discontinuing use of our Services.
Permitted Uses Non-commercial Use. Your use of our Services is limited solely to your personal and non-commercial use. Commercial Establishments. If you intend to gain any commercial benefit from the ability to access or use the Services, you are prohibited from using the Services except in certain instances where NBC Sports explicitly offers a Fee-Based Product(s) for commercial establishments (see more on this below). You intend to gain commercial benefit from the ability to access or use the Services as reasonably determined by us, including, but not limited to, if: You are a commercial establishment, such as a gym, restaurant pub, club or bar. You charge, or allow others to charge, a direct or indirect admission fee for entry to the establishment. You exploit, or allow others to exploit, sponsorships or commercial rights of association in connection with your establishment.
You stage additional commercial activities in relation to the ability to access or use the Services that are separate from those activities that your establishment is reasonably expected to operate in its ordinary course of business. NBC Sports may offer Fee-Based Product(s) for commercial establishments via third parties or via our apps or sites. You agree that if you intend to gain any commercial benefit from the ability to access or use the Services, you are limited to subscribing to those Fee-Based Products offered to commercial establishments. Otherwise, your subscription to our Fee-Based Products (not explicitly offered to commercial establishments) is only valid for your personal, non-commercial use and any other use is strictly prohibited. Note: Renewal of any current subscription to Fee-Based Product(s) not for commercial establishments is and continues to be your violation of these Terms of Use. Applicable to Each Permitted Use.
Our Services contain material that is derived in whole or in part from material supplied and owned by NBC Sports as well as third parties (collectively, “Content”). As between NBC Sports and you, NBC Sports owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with our Services and Content. You acknowledge NBC Sports’ valid intellectual and proprietary property rights in our Services and Content and that your use of our Services is limited to the online access, viewing, streaming and (where expressly permitted by NBC Sports) temporary offline access of Content, all solely as authorized by NBC Sports. Nothing in these Terms of Use shall be deemed to convey to you any right, title or interest in or to our Services or Content or to any portion thereof except for the limited rights expressly granted herein. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on our Services or Content, (ii) any digital rights management mechanism or other content protection or access control measure associated with our Services or Content, or (iii) any advertisement on our Services and/or within Content. The foregoing shall apply to you regardless of the method in which NBC Sports makes Content available to you, including via a widget, embedded player or any other technology that may allow you to embed or stream Content on or to another site.
You may use your account to access a maximum of one (1) stream of Content at any time across all of your Devices. Except as set forth herein, simultaneous access to multiple streams of Content by a single account holder is strictly prohibited. Note to Commercial Establishments: If you are permitted to subscribe to a Fee-Based Product for commercial establishments, you are allowed to purchase one (1) subscription for each Device within your establishment for which you intend to access, view, and stream the Services. 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 our Services or Content unless expressly permitted by NBC Sports in advance in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make our Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Services with any third party content, materials or branding. You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of our Services. (See Section 21 below for terms applicable to use of links to our Services.) You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on our Services or its servers and infrastructures.
You may not build a business on, 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 our Services or Content, whether or not for profit (notwithstanding that you may access, view, and stream the Services via a permitted Fee-Based Product for commercial establishments). You are 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. You may not do, nor authorize to be done, anything which, in our opinion, may give rise to the belief that you are in any way officially associated with NBC Sports, the Content, or the Services (for example, as a sponsor, supplier or similar). Access to and Availability of Services Our Services are intended for use by users who are over the age of 13 and reside in the United States, its territories, possessions and protectorates (“U.S.”) or those outside of the U.S. That consent to use the online services in accordance with U.S. Laws and the terms of these Terms of Use.
There may be additional age and territorial restrictions applicable to our Fee-Based Products. By using or attempting to use our Services, you certify that you meet all eligibility and residency requirements. NBC Sports may change, suspend or discontinue any aspect of our 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 19 below. You are responsible for any charges incurred in obtaining access to our Services.
You agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our Services or these Terms of Use. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features If you establish an account with NBC Sports, you agree to provide true, accurate and current information in connection with that account. Any usernames and passwords used for our Services are for individual use only.
You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify NBC Sports of any unauthorized use of your password or account or any other breach of security.
You understand and agree that our 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 our Services. If you don’t want your activities on such social network to be shared, your only option is to deactivate the related social network account. Digital Items, Credits, Fee-Based Products and Subscription Agreement. Your use of our Fee-Based Products (as defined in our Subscription Agreement) is subject to the terms and conditions of our Subscription Agreement, which terms and conditions are incorporated herein. At other times, we may offer you digital items or credits for non-Fee Based Products. Purchases of digital items (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. We do not recognize the transfer of digital items or credits (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 digital items or credits, or offer to purchase, sell, or trade any digital items or credits. Any such attempted transfer will be null and void. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your digital items or credits, which remain our Content. We may also immediately suspended or terminate the rights we grant you to digital items or credits for any or no reason, in our sole discretion, and without advance notice or liability.
We may modify digital items or credits at our sole discretion, and such modifications may make the digital items or credits more or less common, valuable, effective, or functional. If we suspend or terminate any digital items or credits, then you will forfeit the suspended or terminated items, except as may be set forth in any additional terms (such as any refund policies that may apply to Fee-Based Product(s)). Likewise, except as may be set forth in any additional terms or as required by applicable law, we are not responsible for repairing or replacing the same, or providing you any credit or refund or any other sum, in the event of our modification of any digital items or credits, or for loss or damage due to error, or any other reason.
You Agree to Our and Third Party Ads 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 on our Services. To view the notice, which forms part of these Terms of Use. Any personal details and data acquired by NBC Sports from your accessing or use of our Services will be collected and/or used in accordance with our, including targeted advertising and tracking information we collect automatically. To learn more about how you can opt-out of targeted advertising, please review our. Wireless and Location-Based Features; Social Media Plug-ins Wireless Features. Our 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 our Services’ features and upload content to our Services, receive messages from our 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. Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our.
If you have registered via our Services for Wireless Features, then you agree to notify NBC Sports of any changes to your wireless contact information (including phone number) and update your accounts on our Services to reflect any changes. Location-Based Features.
For Services on mobile Devices (“Mobile Apps”) when you use one of our location-enabled Services, we may collect and process information about your actual location. Some of the Mobile Apps or Services require your location information for the feature to work. If you have enabled GPS, geo-location or other location-based features on a Device, you acknowledge that your Device location will be tracked and may be shared with others consistent with the. In addition, where any 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 for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by 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. Please see our to find out more about how to opt out of providing location information or contact. Social Media Plug-Ins.
Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) may be integrated on our Services. Where our Services contain a plug-in to a social network, these are clearly marked (e.g. With a Facebook button).
If you choose 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, 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 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 enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/sites you follow, etc.). If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit our Services.
As with other sites, you may be able to delete any existing cookies placed on your computer by the social network via your browser. See Section 1 of our to find out more about how our Services contain plug-ins to social media networks. Your Conduct and Acceptable Use The following rules are a condition of your use of and access to our Services. You are responsible for the content of your communications (including User Content (as defined in Section 10)) via our Services. No Interference. You may not interfere with any other user’s ability to use or enjoy our Services.
No Bullying. You may not use our 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 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 our Services, or to obtain unauthorized access to our 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 our Services or use our Services, Content or any information contained therein for any unlawful purpose. NBC Sports, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of our Services violates this provision.
No Collection of Personal Information from Other Users. You may not collect information about other users of our Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation. Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity. No Criminal or Unlawful Conduct.
You may not use our 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 of our 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 Use and Conduct Rules. You may not take any action on or through our Services that violates any applicable law or these Terms of Use. 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 our Services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions. Monitoring NBC Sports may, but has no obligation to, monitor the use by you and other end users of our Services. During monitoring, any information relating to any user or their respective activities on our Services may be examined, recorded, copied, and used for authorized purposes in order to enforce these Terms of Use and in accordance with our. Furthermore, NBC Sports reserves the right at all times to disclose any information posted on any portion of our Services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in NBC Sports’ sole and absolute discretion are objectionable or in violation of these Terms of Use. User Content; Grant of Limited License Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some features of our Services, other members may be able to request e-mail notifications of your new public content or publish their own 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 NBC Sports (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, 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 User Content or otherwise have sufficient rights in your User Content to grant to NBC Sports 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 NBC Sports (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to NBC Sports under these Terms of Use, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that NBC Sports, its licensees, affiliates, successors and assigns, will be entitled to retain any and all 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 Use obligates or may be deemed to obligate NBC Sports or any other person or entity to exercise any of the rights granted by you under these Terms of Use.
You will not receive any compensation of any kind for your User Content or our use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Use. You agree that NBC Sports (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and 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 NBC Sports, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of User Content. You also agree that NBC Sports does not intend and will not pay you for any User Content.
You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content. Use of Name and Likeness.
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