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WatchBack Terms of ServiceLast updated: September 24, 2018FOR SWEEPSTAKES OFFICIAL RULES, SEE SECTION 6
Welcome to the Terms of Service (including any future modifications, the
“TOS”) for WatchBack LLC (
“WatchBack”) and all WatchBack-branded websites, software, applications, content, games, interactive TV, or other products and online services which include the TOS or a link to the TOS (including all Content therein, the Sweepstakes, and the Prizes, the
“WatchBack Services”). The Watchback Services may automatically enter you into Sweepstakes and offer you the opportunity to win Prizes, as defined and as set forth in Section 6 of the TOS.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WATCHBACK SERVICES. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. By accessing or using any of the WatchBack Services you agree to the TOS. If you do not agree to the TOS, please do not access or use the WatchBack Services.
The WatchBack Services are made available to you by WatchBack (
“we,”“us” or
“our”), a subsidiary of NBCUniversal Media, LLC, and/or third parties. The WatchBack Services include the opportunity to enter into Sweepstakes and receive Prizes and, in some cases, redeem Prizes through the WatchBack Services and through the services of our partner, Perk, Inc. (including its customer-facing services,
“Perk”), as further set forth in and subject to the TOS. Any activities or interactions you undertake with Perk, including redemption of Perk Points (as defined below) or other uses of Perk, and any issues arising therefrom, are solely between you and Perk, and WatchBack shall have no responsibility or liability related thereto. The TOS sets out the agreement between us and you regarding how you can use the WatchBack Services and what responsibilities you and we have to each other.
1. Terms and Modifications
The TOS is a contract between you and WatchBack. The TOS include our
Privacy Policy and our
VPPA Policy, each of which is hereby incorporated by reference (collectively, the “
Privacy Notices”). Our Privacy Notices explain how we may collect, maintain and disclose data regarding you and others.
Separate, additional terms may also apply to WatchBack Services (
“Additional Terms”). Any Additional Terms will be posted in connection with the applicable WatchBack Services. Applicable Additional Terms are hereby incorporated into the TOS by reference. Where any direct conflict exists between the TOS and any Additional Terms, the Additional Terms will control, provided that our Privacy Notices will control over any contradictory Additional Terms or provisions of the TOS.
EACH TIME YOU ACCESS OR USE THE WATCHBACK SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT ON THE THEN-APPLICABLE TERMS. We may modify the TOS on a prospective basis at any time in our sole discretion and post the changes and such changes will be effective thirty (30) days following either our notification to you or our posting of the changes on the WatchBack Services. Your continued access or use of the WatchBack Services after we post changes to the TOS, will be deemed as irrevocable acceptance of the TOS as modified. You agree to be notified of changes to the TOS via postings of updates on the WatchBack Services (or in any other reasonable manner of notice which we elect).
2. Eligibility, Registration and Accounts
The WatchBack Services are for users who are over the age of 18 and reside in the United States (including its territories and possessions). You may not access or use the WatchBack Services if you are barred from receiving them under the TOS or the laws of the United States or any other applicable jurisdiction. By accessing or using the WatchBack Services, you warrant that you have legal capacity to enter into the TOS (i.e., that you are of sufficient mental capacity and are otherwise legally able to bind yourself to the TOS) and otherwise meet the eligibility criteria set forth above.
You may, but are not required to, provide registration information and create an account within the WatchBack Services. If you create an account, you will automatically be enrolled in Sweepstakes when you watch Content, subject to the TOS. If you do not create an account, you will not be eligible to participate in Sweepstakes or receive Prizes. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide. However, we have no obligation to investigate, monitor or correct any user information (e.g., for accuracy or completeness) and we shall not be responsible for any decisions made based on such user information.
The WatchBack Services and any user names or passwords you use to access the WatchBack Services (
“Passwords”) are for individual use only. Your account is personal to you and you may not transfer it to any other party. You may not create more than one account for the WatchBack Services. You are solely responsible for maintaining the security and confidentiality of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords or other security breaches.
We have the right to suspend your account or change your user name for any reason, including due to a violation of the TOS or for account inactivity, in our sole discretion
3. The WatchBack Services; Consent to Electronic Communications
The WatchBack Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the WatchBack Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the WatchBack Services. We have the right to suspend or terminate access to the WatchBack Services and your accounts on the WatchBack Services, including due to a violation of the TOS.
The WatchBack Services may include sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. Sweepstakes rules are as set forth in Section 4. You are responsible for complying with all these rules and requirements
By using the WatchBack Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the WatchBack Services and may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
4. Content
WatchBack Services offer you the opportunity to watch video content and include content and other materials supplied by WatchBack and third parties (collectively,
“Content”). As between us and you, we own all rights in the WatchBack Services. Nothing grants you any rights in the WatchBack Services except as set forth in the TOS, including applicable Additional Terms.
The availability of Content on the WatchBack Services may change from time to time and from place to place. You consent to us and our third party providers determining your geographic location for purposes of providing the WatchBack Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.
Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.
The WatchBack Services may be subject to a maximum number of simultaneous streams (as may be measured across all Content available on or through the WatchBack Services) at any time, regardless of the number of devices that we permit you to use with the applicable WatchBack Services. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion.
5. Permitted Uses
We grant you a limited, non-exclusive, non-transferable license to access and use the WatchBack Services solely for personal and non-commercial uses