This Terms of Use sets forth the terms and conditions which apply to your use of the web site located at http://www.whatthefight.com (the "Site") and the services and materials on the Site which are offered to you by NBC Universal, Inc. ("NBCU"). BY USING THE SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.   Please review this Agreement periodically, as NBC reserves the right to change the terms by posting revised terms on the Site. If you disagree with the revised terms, you should discontinue your use of the Site.

1. USE OF SITE.   The use of the site by you ("you" or "User") and any information, photographs, text, ratings data or other content on the Site ("Materials") is solely for purposes of assisting you and/or your employer in the purchase of advertising inventory from NBCU, or for the business purpose you disclose in the registration application. You agree to update all information provided when it changes. NBCU intends that access to the Site shall be limited to existing advertisers and clients of NBCU, individuals and companies intending to purchase advertising inventory or other services from NBCU, and those who require access to the materials on the Site for marketing or promotional reasons.  Any personal information supplied hereunder will be subject to the terms of our privacy policy. You are fully responsible for all activities that you engage in while on the Site.  

2. USE OF MATERIALS; RESTRICTIONS ON USE. User acknowledges that certain materials on What the Fight Site are confidential or proprietary to NBCU, and that access is provided to User solely for either the purposes of enabling User to evaluate the purchase of advertising inventory from NBCU or the business purpose disclosed by User in the Registration Application. Except as specifically set forth on the Site, User will not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Site. User shall not disclose to any third party any of the confidential or proprietary information of Whatthefight.com, NBCU. Through What the Fight Site, you will be provided with services that may include information, editorial content, links to other Web sites and other services and content that NBCU may decide to offer, subject to the terms hereof (the "Service"). NBCU may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use all or part of the Service, at any time in NBCU's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to What the Fight Site and the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Site. What the Fight Site is owned and operated by NBC and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by NBCU and other sources. Such material is protected by copyright, trademark, and other applicable laws. In the event that you download material from the Service, such Material is licensed to you by NBCU and NBCU does not transfer title to any such Material to you.

3. DISCLAIMER OF WARRANTIES. NBCU intends to provide on What the Fight Site the most current information available about NBCU programming and events and NBCU will make reasonable efforts to ensure that the materials on What the Fight Site are updated on a regular basis. However, programming and schedules are subject to sudden changes without notice, and NBCU makes no guarantee that the materials on What the Fight Site are accurate or timely. In addition, NBCU 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 NBCU, ITS PARENT OR SUBSIDIARY COMPANIES NOR THEIR RESPECTIVE AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICES, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NBC 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. NBCU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NBC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. 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 and agree 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.

4. LIMITATION OF LIABILITY. IN NO EVENT SHALL NBCU, 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, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, NBCU'S REMOVAL OR DELETION OF ANY MATERIALS ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NBCU 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. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

5. INDEMNIFICATION. You agree to defend, indemnify and hold harmless NBCU, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any misrepresentation made by you in connection with your use of What the Fight Site; (B) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by third parties arising from or related to your access and use of the Site, including the information obtained through the Site.

6. TERMINATION. NBCU may, in its sole discretion, suspend or terminate your use of What the Fight Site without prior notice and for any reason. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which NBC 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 NBCU and its licensors.

7. TRADEMARKS. NBCU, the NBCU logo, and the NBC Peacock are trademarks of the National Broadcasting Company Universal, Inc., and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of NBCU or the owner of such trademark, service mark or trade name.

8. MODIFICATION. NBCU reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of What the Fight Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other reasonable means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

9. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by NBC to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of NBCU. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. 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, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, 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. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
For further information about the Site, if you experience difficulty accessing the Site or any Materials on the Site, or to remove your name from the list of registered Users, please contact NBCU at whatthefight@nbcuni.com or 30 Rockefeller Plaza, 2 East, NY, NY 10112.