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Visitor Agreement
Visitor Agreement
Welcome to Discovery.com, one of the family of informational, educational and entertainment-oriented websites brought to you by Discovery Communications, Inc. and its subsidiaries and affiliates ("Discovery"). Please read this Visitor Agreement; by using this website, you accept its terms.
This Visitor Agreement applies to all of the websites where it is posted. Those websites are referred to collectively in this Visitor Agreement as the "Discovery Sites." Additional terms and conditions may apply to some services offered on the Discovery Sites. Such terms and conditions may be found at the place where the relevant service is offered. For example, policies governing purchases through DiscoveryStore.com can be found at the bottom of each DiscoveryStore.com page. The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use any of the Discovery Sites after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the Discovery Sites, or any portion of the Discovery Sites, at any time. Discovery respects the privacy of our users. Please take a few minutes to review our Privacy Policy. If you disagree with any material you find on the Discovery Sites, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting our representatives at 1-800-889-9950 or filling out the form at www.customercare.discovery.com. The material that appears on the Discovery Sites is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Discovery Sites, you should confirm any facts that are important to your decision. Discovery and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Discovery Sites. Discovery is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Discovery or its licensors. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Service Provider: AT&T Name of Agent Designated to Receive Notification of Claimed Infringement: Aaron Holbert Full Address of Designated Agent to Which Notification Should Be Sent: Aaron Holbert, Legal Affairs, Discovery Communications, Inc., One Discovery Place, Silver Spring, MD 20910. Telephone Number of Designated Agent: 240.662.0000 Facsimile Number of Designated Agent: 240.662.1903 E-Mail Address of Designated Agent: DMCA@discovery.com To be effective, the notification must be a written communication that includes the following:
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
USER-GENERATED VIDEO For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Discovery Communications, Inc. ("Discovery"), Discovery's joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the "DCI Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Video Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the DCI Parties may or may not earn or generate through its use of your Video Submission. DCI Parties' Right to Use Your Video Submission. You grant the DCI Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the DCI Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the DCI Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder. Clearance of Your Video Submission for the DCI Parties' Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the DCI Parties' use and distribution of your Video Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the DCI Parties' use and distribution of your Video Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any third party. Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Video Submission as used and distributed by the DCI Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put. Release and Waiver; Indemnification. You acknowledge that the DCI Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the DCI Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein.
CHAT ROOMS, FORUMS AND BLOGS Responsibility for what is posted in the chat rooms, forums, blogs and other public posting areas on the Discovery Sites lies with each user -- you alone are responsible for material you post. By using the Discovery Sites, you agree not to post or transmit any libelous, defamatory, abusive, obscene, pornographic, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Discovery Sites or that infringes on the rights of others. You may not post or transmit any message anonymously or under a false name. You may not permit any person to access, using your account, any features of the Discovery Sites that may require registration. You may not post a single message to more than five areas of any Discovery Site, or post any message to any area of the Discovery Sites if that message is, in our view, off-topic or in violation of this Visitor Agreement. We retain the right to deny access to anyone who we believe in our sole discretion has violated these terms or any other term of this Visitor Agreement. Although Discovery cannot monitor all the postings in the chat rooms, forums, blogs and other public posting areas, we reserve the right (but assume no obligation) to delete, move or edit any postings, including without limitation any Video Submissions, that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. Discovery requires you not to use the Discovery Sites to violate anyone's copyright, trademark or other intellectual property rights. By submitting material to the Discovery Sites, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You also warrant that all moral rights in any material that you submit to us have been waived. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS The materials available through the Discovery Sites are the property of Discovery or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Discovery Sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Discovery Sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Discovery Sites, and to tell them how to find it.
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NO SPAMMING OR SPIMMING
NO FRAMING
TRADEMARKS
DISCLAIMER OF WARRANTIES AND LIABILITY YOU AGREE THAT YOUR USE OF THE DISCOVERY SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY DISCOVERY SITE OR ANY MATERIAL AVAILABLE THROUGH THE DISCOVERY SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE DISCOVERY SITES. THE DISCOVERY SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE DISCOVERY SITES, DISCOVERY COMMUNICATIONS, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DISCOVERY SITES, NOR DO THEY GUARANTEE THAT THE DISCOVERY SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE DISCOVERY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE DISCOVERY SITES, DISCOVERY COMMUNICATIONS, INC. OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE DISCOVERY SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCOVERY SITES, DISCOVERY COMMUNICATIONS, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE DISCOVERY SITES, DISCOVERY COMMUNICATIONS, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DISCOVERY SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY COMMUNICATIONS, INC. FOR THE USE OF THE DISCOVERY SITES.
MISCELLANEOUS To obtain access to certain services on the Discovery Sites, you may be given an opportunity to register with the Discovery Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, or attempt to enter any Discovery Site under the name of, another person. Discovery reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Discovery of any known or suspected unauthorized use of your account. You must be at least 13 years old to register on Discovery.com. Please inform Discovery if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives at 1-800-889-9950 or filling out the form at www.customercare.discovery.com. Click here to view our privacy policy. You agree to indemnify, defend and hold harmless Discovery Communications, Inc., its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Discovery Site using your account. This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Maryland. By using the Discovery Sites, you consent to the exclusive jurisdiction of the state and federal courts located in Maryland, in all disputes arising out of or relating to this Visitor Agreement. In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.
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ASSOCIATED PRESS CONTENT *** By using the Discovery Sites, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using the Discovery Sites, and we welcome suggestions for improvements. Thanks for making the Discovery Sites part of your discoveries online! Last updated March 21, 2007 |
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