35. Xfinity.com

Comcast Xfinity

Comcast's home page has a general Terms of Service and Privacy Policy that apply to all visitors of the site, with separate provisions applying to registered users. Comcast limits their responsibility for content on the site and limits liability for loss of service. As the sharing agreements indicate, Comcast is heavily integrated with other services and some of your data needs to be shared as a result. Even non-registered visitors will have their preferences and activity on the site tracked, though it would only be identifiable by machine or IP address. 

Representations & Warranties

 

"BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE COMCAST WEB SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE COMCAST WEB SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE COMCAST WEB SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." COMCAST AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE COMCAST WEB SERVICES. COMCAST AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE COMCAST WEB SERVICES WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU."

Limitations on Liability

 

"A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “COMCAST” REFERS TO NOT ONLY COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.

B. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST COMCAST MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.

C. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL COMCAST BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THE COMCAST WEB SERVICES. IN NO EVENT SHALL COMCAST BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER COMCAST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMCAST’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (1) $2,500; OR (2) THREE (3) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO COMCAST PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY COMCAST’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.

D. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY."

Indemnification

 

"You agree to indemnify, defend, and hold harmless Comcast (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms by you or any individual with whom you share your Comcast Web Services account or an Activated Device. Notwithstanding the foregoing, Comcast will not seek indemnification from you from any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct. Comcast reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Comcast in connection with our defense."

Key Definitions

  • "Web Services Log Data"- Non-PII that is automatically generated when all users visit or use the Comcast Web Services (including both the Comcast Sites and Comcast Apps), as a by-product of the user's activities.

  • "Preference Data"- Certain details and preferences that help you personalize that Comcast Web Service. This Non-PII may include ZIP code, gender, favorite genre to watch on television, preferred type of news, and device names and associations.

  • "Personally Identifiable Information" or "PII" refers to information that identifies a specific person, such as the person's name, address, social security number, financial account number, or phone number.

  • "Non-Personally Identifiable Information" or "non-PII" refers to information that is demographic, de-identified, aggregated, or does not otherwise identify a specific person, such as a person's gender, ZIP code, device and network identifiers and settings, connection and usage information, or other information when that information is not used with Personally Identifiable Information. 

Sharing Agreements

 

  • "Comcast holds customer privacy in the highest regard and we make every reasonable effort to protect your privacy as described in this Privacy Policy. Nevertheless, we may be required to disclose PII or other information about you or other users of the Comcast Web Services. These disclosures may be made with or without your consent, and with or without notice, in response to lawful requests by public authorities, including to meet government or law enforcement requests (such as pursuant to a subpoena, court order, search warrant, or other valid legal process). We may also disclose information about you or users of the Comcast Web Services when we believe in good faith that the disclosure of information is necessary to prevent financial loss, address suspected illegal activity, protect our rights or property, or prevent imminent physical harm. We may also disclose information about you in order to defend claims you may bring against the company. In addition, if you are not a Plaxo user, Comcast may disclose your PII or other information if Comcast enters into a Business Transition (defined below). Please see Section 16 Change of Ownership or Other Business Transition for more details."

  • "If Comcast enters into a business transition, such as a merger, acquisition, or the sale of all or part of its assets (a "Business Transition"), Your Data (including PII and non-PII associated with the Comcast Web Services) will likely be part of the assets transferred. In this event, we will notify you of any Business Transition. We will also notify you of any subsequent material changes to this Privacy Policy as a result of a Business Transition and give you the opportunity to opt-out for information that we have collected before, or may collect after, a new Privacy Policy containing material changes takes effect."

  • "Comcast uses third parties to assist us in delivering parts of the Comcast Web Services to you. We may share portions of Your Data with these third parties to the extent necessary for them to provide these services. These companies are acting on Comcast's behalf and are required, by contract with Comcast, to keep this information confidential and are only authorized to use it for specific purposes. As described in more detail below, Comcast may also provide Non-PII elements of Your Data to third parties who deliver ads to you on Comcast's behalf. Comcast will not provide your PII to these advertisers unless you expressly authorize us to do so."

  • "Comcast may also share non-PII elements from Your Data with third parties. For example, Comcast may share traffic data for one of the Comcast Sites with a third party that analyzes and publishes website traffic surveys. Or Comcast may share Web Services Log Data and Preference Data with one of the providers of XFINITY TV movies on TV.XFINITY.com, so that Comcast and the provider can determine what additional movies that provider should show on that site. Or Comcast may share non-PII elements of Your Data with its affiliates, so that they can let you know about their products and services that may be of interest to you. Section 7 tells you more about the choices you have relating to this type of sharing."

  • "Comcast may also share Web Services Log Data, Preference Data, and Your Data with its affiliates that help it operate the Comcast Web Services, solely to provide you with the Comcast Web Services, other cross-platform products and services, advertising, and promotional offers it thinks may be of interest to you. For example, Comcast will share your Registration Data with an affiliate, so that affiliate can provide you with online access to content from premium networks that are part of your XFINITY TV subscription if you have signed up for that service, and to make you aware of other Comcast products and services it thinks may be of interest to you. This sharing occurs when you sign up for and use these other services, and may be necessary for us to provide them. If you do not want Your Data shared with a specific service, then you may choose not to sign up for that service or stop using it at any time if you have already signed up for it."

  • "You may authorize other websites such as Facebook to access and publish on their websites some of Your Data, including your Activity Data. In addition, certain Comcast Web Services allow you to import information from websites such as Facebook to use within the Comcast Web Services. If you provide Comcast with your credentials for this kind of Internet service and use the features of the Comcast Web Service that share information across these Internet services, or, if one of these Internet service contacts Comcast using your Comcast Web Services credentials and asks to have access to certain portions of Your Data, Comcast will treat this as your authorization to share these portions of Your Data with that Internet service."

  • "On pages of the Comcast Web Services that contain social network functionality, the social network providing the functionality may be able to collect information about you, even if you don't use that functionality. For example, if a page within one of the Comcast Web Services contains a Facebook "Like" button, Facebook may be able to collect data about your visit to that page, even if you don't click on the "Like" button. Please review the privacy policy of the relevant social network and/or log out of it before you use the Comcast Web Services. As with other websites, you may be able delete any cookies placed on your device by the social network using your browser."

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