THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SOCIETY governing your use of this Service, www.nationalgeographic.org, which includes but is not limited to products, software and services offered by way of the website such as any "Video Player," "Uploader," and other applications that link to these Terms (the "Service"). "Society" includes National Geographic Society, its parent, its subsidiaries, its affiliates, and its licensees, including National Geographic Partners, LLC, that may produce or distribute NG Products. An NG Product is defined as "a product of Society, a subsidiary, affiliate, joint venturer, or licensee of Society, in any language, over which Society has Editorial Control." For the purposes of this Agreement, "Editorial Control" means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the NG Product.
Your use and browsing of the Service is at your risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Service.
In order to use certain functionality of the Service, you may be required and to complete a registration process and create an account. As a registered user of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Society of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Society from any loss or damage arising from your failure to keep your account information secure and confidential, including, without limitation, the unauthorized use of your password or user name.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Society or through a third party service and processing of such data by Society in connection with your use of the Service. You consent to the technical processing and transmission [of data?] involved in your use of the Service, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Issues
The Service is owned by Society. All of the content featured or displayed on the Service, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Society.
Pursuant to the copyright and trademark laws of the United States, you agree:
Society’s designated agent for notice of claims of copyright infringement on the Service is its Executive Vice President of Law, Business Affairs who can be reached as follows:
Angelo M. Grima
Executive Vice President, Law, Business Affairs
National Geographic Society.
1145 Seventeenth Street, NW
Washington, DC 20036-4688
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.
The Service is provided for informational purposes only. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Although Society does not routinely monitor the postings to the Service, Society reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that Society considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Society, restricts or inhibits any other user from using or enjoying the Service will not be permitted. Society reserves the right to refuse access to the Service to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Service, or any of the copyright or trademark laws of the United States.
The Service may provide, or third parties may provide, links to other sites or resources. Because Society has no control over such sites and resources, you acknowledge and agree that Society is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Society shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
Your interactions with companies, organizations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Society will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, Society is under no obligation to become involved, and you agree to release Society and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOCIETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOCIETY MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOCIETY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SOCIETY, OR OUR SUBSIDIARIES, PARENT, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, 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, OUR LIABILITY AND THE LIABILITY OF SOCIETY SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SOCIETY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Society wants to encourage an open exchange of information and ideas on the Service. You can expect the Service to include information and opinions from a variety of individuals and organizations other than Society. Society neither endorses nor guarantees the accuracy of any of Your Content. Society may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, Society engages in no routine monitoring of Your Content on the Service. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any Your Content you post to the Service, and you agree to:
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SOCIETY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You agree to indemnify, defend, and hold harmless Society; its affiliates, licensees and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Service from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of these Terms. Society reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Society.
Educational Use of Content
With respect to Content designated as available for download for educational purposes (“Downloadable Content”), Educators or Learners may download and exhibit such Downloadable Content on a stand-alone basis or embed in their own presentations, handouts, worksheets, other educational aids, homework, school reports, and other educational assignments or projects. For the purposes of this Agreement, “Educators or Learners” consists of librarians, teachers, support staff, administrators and other staff of educational institutions, students, and adults supporting such students’ learning. The following restrictions apply to all Downloadable Content:
Online Courses (MOOCs)
From time to time Society provides Massive Online Open Courses (“Online Courses”) through different providers (e.g. Google, Udacity, Coursera, etc.) (each a “Platform”). By accessing and/or using the Platform or Online Courses, you agree to be bound by these additional Terms of Service, whether you are a “Visitor,” meaning you simply browse the Online Courses, including, without limitation, through a mobile or other wireless device, or otherwise use the Online Courses without being registered; or a “Student,” meaning that you have registered to use the Online Courses and will complete the homework assignments and exams; or an “Attendee;” meaning that you have registered to use the Online Courses and that you intend to audit the Online Courses, i.e., attend or view lectures online without completing homework assignments, exams or other course work. The term “Course User” refers to a Visitor, Student or Attendee.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service, and to purchase services or products through the Service, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
With respect to your use of any Video Player offered on the Service, you also agree:
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Washington, D.C., pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the District of Columbia, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate of interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-United States company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If Society is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Society for its respective legal fees, costs, and disbursements if Society is successful.
These Terms and any other operating rules or terms currently posted on the Service constitute the entire agreement between Society and the users of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Society may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.