icue logoTerms of Service

Effective Date: As of May 1, 2008

1. Terms of Service

Welcome to ICUE, which can be accessed at http://www.icue.com. The ICUE service (referred to herein as, "ICUE" the "Site" or the "Service") is owned and operated by NBC News, a Division of NBC Universal, Inc. ("NBCU"). ICUE is provided free of charge to you (unless otherwise indicated) by ICUE. Although portions of ICUE may be viewed simply by visiting the Service you will need to register as an ICUE member if you wish to participate in viewing course multi-media material, forums, profile creation and personalization, student center, games, and the MIT Research program and use certain other features made available through ICUE. These Terms of Service set forth the terms and conditions that apply to your use of ICUE. From time to time, NBCU may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on ICUE to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING ICUE, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH NBCU. If you do not agree to be bound by these Terms of Service, please discontinue your use of the ICUE.

Although portions of the ICUE may be viewed simply by visiting the relevant web site in order to access ICUE content, create a profile or use the ICUE service you need to register as a member of ICUE. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of ICUE, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

Once you have registered, you will be asked to create a user name. We recommend that you do not use any portion of your real name for your user name. We will only display your first name in notifications we send to you directly or in emails sent to your friends through ICUE at your request.

If you are under the age of 18 and decide to participate in the MIT research study, you will be asked to consent to the MIT research guidelines and requirements and to provide the email address of your parent or legal guardian. You may use the ICUE service, but will not be admitted to the research program until we have received the consent of your parent or legal guardian.

2. Registration Information/Privacy Policy

When you register for ICUE, you will be required to provide ICUE with the following information: your name, e-mail address, zip code, country, gender, birth date, Education Level, ICUE Display name and password. Any information provided by you or gathered by ICUE or third parties during any visit to ICUE shall be subject to the terms of ICUE's Privacy Policy, which are incorporated herein by reference. ICUE reserves the right to (i) terminate your registration and access to any specific content, services, digital products, products courses or events, and (ii) [remove your personal ICUE profile, if ICUE learns that you have provided ICUE with false or misleading registration information.

3. Termination

NBCU reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access ICUE and/or any other service, tool, specific content, digital products, products, courses or events provided to you by NBCU, including any personal web site, upon any breach by you of these Terms of Service or otherwise.

4. Modifications of these Terms of Service

NBCU may modify these Terms of Service from time to time in its sole discretion. Each time you use ICUE, you will be deemed to have accepted any such changes. NBCU shall have no obligation to notify you of any such changes other then posting such modifications on ICUE, but ICUE reserves the right (at NBCU's discretion) to provide you notice of such changes to any e-mail address you have provided to ICUE.

5. Modifications of ICUE

NBCU may modify or discontinue ICUE, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

6. Use of ICUE/Community Rules

  1. Your Content

    You alone are responsible for the content of your profile or any materials you transmit to others, and any consequences of such materials. Please carefully consider the information you choose to post on ICUE. You should not include your telephone number, street address or last name on any area of ICUE that is accessible to the general public nor provide such personally identifying information to people you do not know. ICUE assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of ICUE. ICUE further assumes no responsibility for the deletion of or failure to store any materials posted on ICUE. You further agree that you will not post any material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol. ICUE reserves the right to delete any such material from ICUE. ICUE will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.

    You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of ICUE. You further agree not to use an inappropriate member name of any kind. You agree not to post or use ICUE to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content with the intention to commit any illegal activity is strictly prohibited.

    You acknowledge that (i) content on ICUE is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to ICUE, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that ICUE may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials. By submitting content, which shall include your member name, to any "public area" of ICUE you grant ICUE a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on ICUE retains any and all Rights that may exist in such content.

    ICUE is not obligated to review content posted by users prior to the content's posting to any area of ICUE, including any private profile. Content posted by any user to ICUE does not reflect the opinions or views of ICUE, its parent, subsidiaries or affiliates. ICUE makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other ICUE members through any ICUE service.

  2. Non Commercial Use

    ICUE, its products, services, digital products, events and courses and any other element of ICUE are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by ICUE in writing. Illegal and/or unauthorized use of ICUE, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to ICUE is prohibited. In furtherance thereof, you agree that you will not use ICUE for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. Any such use shall be deemed to be a violation of these Terms of Service.

    3. Any such use shall be deemed to be a violation of these Terms of Service.

  3. Social Networking

    ICUE Social Networking service allows members to create unique personal profiles, share materials with other ICUE members through tools such as groups, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.

    You may never use another's account without permission. If you become aware of any misuse of ICUE by any person, please contact ICUE by clicking the "Flag" link located throughout ICUE.

7. Modifications of ICUE

You are solely responsible for any interaction with other members or visitors of ICUE. NBCU reserves the right but shall have no obligation to monitor disputes between you and any other member of ICUE.

8. Nature of Communications

By virtue of agreeing to this Terms of Service and using the ICUE communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.

9. Access by Minors

ICUE is intended for site visitors aged 13 and up. Please read our Note to Parents for further information concerning ICUE. NBCU does not encourage, solicit or permit visitors who are known to be under the age of 13 to become a member of or visit ICUE. If you or your child is younger than the age of 13, other sites may be more appropriate for you or your child. BY REGISTERING AS A MEMBER OR VISITING ICUE, YOU REPRESENT TO NBCU THAT YOU ARE 13 YEARS OF AGE OR OLDER.

10. Parental Control Protections

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/ Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html).

11. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ICUE infringe your copyright, you (or your agent) may send ICUE a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NBCU to locate the material on ICUE; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ICUE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for 30 Rockefeller Plaza, New York, New York 10112, 212-664-444,Contactus@icue.com. NBCU suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

12. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF ICUE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH ICUE, IS AT YOUR SOLE RISK. ICUE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NBCU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

NBCU MAKES NO WARRANTY THAT ICUE WILL MEET YOUR REQUIREMENTS, OR THAT ICUE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NBCU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NBCU NETWORK. NBCU WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ICUE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NBCU NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT NBCU DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH ICUE. NBCU IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ICUE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ICUE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. NBCU ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

NBCU SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ICUE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN ICUE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NBUC OR THROUGH ICUE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NBCU MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH ICUE OR ANY TRANSACTIONS ENTERED INTO THROUGH ICUE. NBCU IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE ICUE. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH NBCU MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST NBCU WITH RESPECT TO SUCH SITES.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, NBCU MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. NBCU SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON ICUE, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY NBCU AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON ICUE, YOU WAIVE ANY CLAIMS AGAINST NBCU FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.

13. Limitation of Liability

NBCU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE NBCU NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE NBCU NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF NBCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Promotional Messages

ICUE and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. ICUE makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither ICUE nor such third party shall have any liability with respect thereto.

15. Indemnification

You agree to indemnify and hold each of ICUE, NBCU its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ICUE, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

16. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering ICUE, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.

17. Remedies for Breach of these Terms by You

In the event that NBCU determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for ICUE, NBCU reserves the right to (i) delete any or all content provided by you or your agent(s) to ICUE; (ii) discontinue your registration(s) with ICUE; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through ICUE; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which ICUE deems to be appropriate. If your registration(s) with or ability to access ICUE, any other ICUE community and/or any other service, product, content, course, event, tool or digital product provided to you by ICUE is discontinued by NBCU due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of ICUE, then you agree that you shall not attempt to re-register with or access ICUE and/or any other digital product, course content or service provided by NBCU, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, ICUE reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.

18. Export Control

Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote ICUE's Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by NBCU from its offices within the state of New York, United States of America. ICUE makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or 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 Service, 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.

19. California Users

Under California Civil Code Section 1789.3, California users of ICUE are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. NBCU may assign its rights and obligations under these Terms of Service and upon such assignment NBCU may be relieved of any further obligation hereunder. You represent to NBCU that you have the authority to register with or visit ICUE according to these Terms of Service.

These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of NBCU, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable. NBCU reserves the right to terminate free access to ICUE including any or all content, services, digital products, products, events, courses or tools with or without notice to you. NBCU reserves the right (at NBCU's discretion) to provide you with notice of such change by prominently posting a notice on ICUE and/or sending written notice to you at any e-mail and/or post office address you have provided to NBCU. Once free access is terminated ICUE may charge each subscriber any applicable fee, surcharge and/or membership fee for access to ICUE and/or any for-pay content, services, digital products, products, events, tools or products.