Last Changes to Visitor Agreement: October 7, 2019.
This Visitor Agreement applies to the family of informational, educational and entertainment-oriented websites and applications controlled by Discovery Communications, LLC and/or its subsidiary and affiliated entities, (collectively, “Discovery”). Please read this Visitor Agreement; by using the applicable website or application, you accept its terms.
This Visitor Agreement applies to all of the websites and applications where it is posted. Those websites and applications 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.
Please read this Visitor Agreement carefully. It contains important information regarding your legal rights including mandatory arbitration, no class relief, and waiver of your right to a jury trial. Please take a few minutes to review the Dispute Resolution section below.
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 Notice.
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 (240) 662-8909 or by contacting Viewer Relations at http://corporate.discovery.com/contact/viewer-relations/.
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.
ACCESS TO THE SERVICE
By accessing, using or installing the Discovery Sites, you will be able to access and view content, which may include videos, music, games, graphics, text, images and photographs ("Discovery Content"), on the terms and conditions set out in this Visitor Agreement.
You may be able to access and view some Discovery Content for free, but some Discovery Content may only be available to you if you: (a) register a Discovery account (“Discovery Account”); (b) purchase access to specific Discovery Content, or (c) purchase a Discovery subscription for some or all of the Discovery Content (“Discovery Subscription”).
Further details of the current Discovery Content and Discovery Subscriptions on offer can be found within the applicable Discovery Site. If you purchase a Discovery Subscription from us, you can view details about your Discovery Subscription, including the price and the subscription purchased, by accessing your information in the applicable Discovery Site. If your Discovery Subscription auto-renews, this information will include the recurring subscription fee, billing renewal date and how to stop your Discovery Subscription from auto-renewing.
When you sign up for a Discovery Account, purchase access to Discovery Content, or purchase a Discovery Subscription you are responsible for all access to and use of the Discovery Sites through your account. You are also responsible for your Discovery Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your payment details, username and password to any other person. You agree to notify us immediately if you become aware of or suspect any unauthorized use of your password or username.
FREE PERIOD OF ACCESS
Your Discovery Subscription may start with a free period of access. Free periods of access are available to new subscribers only (one per subscriber) unless we tell you otherwise and are subject to availability. The specific duration of the free period of access will be specified at the point of sign-up. You will be charged at the end of your free period of access, unless you cancel your Discovery Submission before the expiry of the free period of access. Please note that you may not be notified that your free period of access is ending or has ended and that your paid subscription has started.
PROMOTIONAL OFFERS ON SUBSCRIPTIONS
Discovery and its affiliates or business partners may make available codes or other promotional offers which: (a) grant access to Discovery Content normally only available via a Discovery Subscription without requiring you to pay for such access; or (b) give a discount on a Discovery Subscription or other paid offerings in Discovery (“Promotional Offers”).
Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by Discovery, its affiliates or one of our business partners. You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them. Please check the relevant terms and conditions of the Promotional Offer for full details. Unless stated otherwise, Promotional Offers are only available to new subscribers (one per subscriber) and are subject to availability. Where a Promotional Offer is combined with a free period of access, restrictions may apply. Where a Promotional Offer is provided by a business partner, that other party may also have additional terms and conditions which apply. Discovery is not responsible for the products and services provided by such third parties. Eligibility for Promotional Offers is determined by Discovery and we reserve the right to limit availability of and/or revoke any Promotional Offer and put your account on hold in the event that you are not eligible.
If a charge applies to your Discovery Subscription, you will be charged for it using the payment method provided when you first subscribe. If your Discovery Subscription automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your Discovery Subscription at the same price (unless we have notified you of a price change as described below). Usually the first payment will be taken on the day you subscribe or, if you have a free period of access, the day after your free period of access ends. If you are eligible for a Promotional Offer involving a discount, your bill and payments will be reduced accordingly for the promotion period.
To view your billing information or to change your payment method, go to the applicable Discovery Site (unless you’re paying via a third party or through another service, for example via one of our partners, in which case see “Third Party Platforms and Services” below).
If a payment is not successfully settled, because your payment method has expired, you have insufficient funds, or otherwise, and you do not change your payment method or cancel your Discovery Subscription, we may suspend your access to your Discovery Subscription and/or your Discovery Account until we (or the relevant third party) have obtained a valid payment method. When you update your payment method, you authorize us to charge the updated payment method for your Discovery Subscription and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.
We reserve the right to change the date we charge you if your payment method has not been successfully authorized or if your subscription renewal date does not occur in a given month. For example, if you are usually charged on the 30th of each month, in February you will be charged on the 28th. We use other companies (including other companies in the same group as Discovery), agents or contractors to process credit card transactions or other payment methods. For some payment methods, the relevant issuer may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your payment method. Local taxes and charges may vary depending on the payment method used. You will be solely responsible for any such taxes and charges which may apply. Check with your payment provider for details.
If you subscribe to a Discovery Subscription which starts with a free period of access, or if you use a Promotional Offer which requires you to provide your payment details, a payment may be authorized by your bank when your free period of access or Promotional Offer begins but no payment will be taken by us for this free period of access or for this Promotional Offer period. You should be aware however that this may affect your available balance or credit limit.
Certain types of Discovery Subscriptions automatically renew unless you cancel your subscription before your next renewal date. If you purchase a Discovery Subscription through us, we will let you know, at the point of sign-up, if your type of Discovery Subscription will automatically renew. If you have a Discovery Subscription which automatically renews, and you do not cancel your subscription before the end of the current subscription period (or free period of access), your Discovery Subscription will automatically renew. If your Discovery Subscription automatically renews, you will be charged the total subscription fee at the same price (unless we have notified you of a price change, in accordance with “Price Changes” below) due for the next subscription period.
We may change the price of your Discovery Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a Discovery Subscription through one of our third party partners, price changes will be subject to that third party's terms and conditions.
If we notify you of a price change and you do not want to continue your Discovery Subscription at the new subscription price, you can cancel your Discovery Subscription either: (i) before the start of the next subscription period by following the steps in “Cancellation” below; or (ii) at any time before the price change becomes effective by providing us with notice at firstname.lastname@example.org.
We will always try to make sure the price of your Discovery Subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your Discovery Subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for but not yet received.
You can cancel your Discovery Subscription before the end of the current subscription period (or free period of access) and, unless we tell you otherwise, the cancellation will be effective at the end of the current subscription period (or free period of access). This means that if you are part of the way through a subscription period (or free period of access), you will be able to continue to use your Discovery Subscription until the end of the current subscription period (or free period of access), unless we tell you otherwise.
To manage your Discovery Subscription, please go to the applicable Discovery Site. If you signed up for a Discovery Subscription through a third party (for example via one of our partners) and wish to cancel your subscription, you will need to do so through that third party. For example, you may need to visit your account with a third party and turn off auto-renew for Discovery.
REFUNDS AND CREDITS
Without affecting your applicable statutory rights, payments are non-refundable and there are no refunds or credits for partially used billing periods, unless we tell you otherwise. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. If we do this for any reason this does not mean we are obligated to do so again, even in the same circumstances.
If you signed up for a Discovery Subscription through a third party (for example, an app-store or via one of our partners) and encounter any problems with billing or payments, please contact that third party in respect of any refunds or credits relating to your Discovery Subscription in accordance with that third party’s terms. For any other issues relating to your Discovery Subscription, you can contact us at email@example.com.
THIRD PARTY PLATFORMS AND SERVICES
If you access Discovery or purchase a Discovery Subscription through a third party (for example, via a bundle of services provided by one of our third party partners) or another product or service sold by that third party, your payment will be to that third party or to that other product or service and you will be subject to that third party’s terms or to that other product or services’ terms (including any applicable usage rules). Important information on the applicable terms of sale, charges, taxes, payment methods, your right to cancel a transaction and when you can exercise such right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party’s terms and conditions or in the terms and conditions of the other product or service. You must comply with those terms and conditions and also with this Visitor Agreement. In the event of any inconsistency between this Visitor Agreement and those terms and conditions, the third party terms and conditions shall take precedence over this Visitor Agreement. If you are paying for a Discovery Subscription via a third party or via another product or service sold by that third party and you wish to change your payment method, you will need to do so through that third party or the other product or service.
SALES OF PRODUCTS AND SERVICES
You may be able to purchase products and services which appear on the Discovery Sites . Discovery makes no promise that products and services available on the Discovery Sites are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Discovery Sites from territories where its contents are illegal or unlawful is prohibited. If You choose to access this Discovery Sites from locations outside the Territory, You do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Discovery Sites.
Discovery reserves the right to fulfill or refuse to fulfill the orders of Discovery products or services made by any customer, including but not limited to any order that Discovery has cause to believe is for onward sale other than through distribution channels approved by Discovery. You may only purchase Discovery products for personal, non-commercial use, unless you have entered into a prior written agreement with Discovery permitting such other use (for example, to act as a wholesaler or reseller of Discovery products or services). In the event of refusal of fulfillment, Discovery will communicate to you the reason for the refusal and issue a refund of the amount paid for the given order.
PRODUCTS, CONTENT AND SPECIFICATIONS
Details of the products and services available for purchase are set out on the Discovery Sites. All prices are displayed exclusive of all taxes. All features, content, specifications, products and prices of products and services described or depicted on the Discovery Sites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Discovery Sites at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner. All CDs, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
DISCOUNTS AND SALES TAXES
All applicable sales and other taxes are in addition to the sale price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated based on your shipping location and many vary from the estimated tax. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion.
Discovery uses third party shipping carriers and retains the exclusive right to determine which shipping carriers may be available to ship Discovery products purchased through the Discovery Sites. Orders will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Discovery Sites and shipping charges may apply. Risk of loss and title for items purchased from the Discovery Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for deliveries. Discovery does not guarantee any particular delivery date and is not responsible for any delays.
RETURN AND EXCHANGE POLICY
Unless we tell you otherwise, all sales are final, and You may not return or exchange a product or service purchased from the Discovery Sites. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
ACCURACY OF INFORMATION
We attempt to ensure that information on the Discovery Sites is complete, accurate and current. Despite our efforts, the information on the Discovery Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Discovery Sites. For example, products included on the Discovery Sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Discovery Sites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
For all charges or deposits for any products and services ordered by you on or through the Discovery Sites, Discovery or its vendors or agents will bill your bank card or alternative payment method offered by Discovery and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Discovery and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Discovery Sites. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
On occasion, Discovery may issue promotion codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item. Multiple promotional codes may not be combined. Discovery is not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
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 Discovery’s Designated Agent. The Name and Address of Agent Designated to Receive Notification of Claimed Infringement: Leah Montesano, Legal Affairs, Discovery Communications, LLC, 8403 Colesville Road, Silver Spring, MD 20910; 240.662.0000 (telephone); or DMCA_notices@discovery.com (e-mail).
To be effective, the notification must be a written communication that includes the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(5) 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
(6) 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.
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:
(1) Your physical or electronic signature;
(2) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(3) A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(4) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
In submitting user-generated video to the Discovery Sites, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Discovery Communications, LLC (“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 “DCL 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 DCL Parties may or may not earn or generate through their use of your Video Submission.
DCL Parties’ Right to Use Your Video Submission. You grant the DCL 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 DCL 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 DCL 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 DCL 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 DCL 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 DCL 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 DCL 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 DCL 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 DCL Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
Discovery wants to encourage an open exchange of information and ideas through the Discovery Sites. But we cannot and do not review every posting made on Discovery’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Discovery. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on Discovery’s community and social media sites, or in 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. Discovery does not control the messages, information or other content that you or others may provide through the Discovery Sites. You may use the Discovery Sites for lawful purposes only.
By using the Discovery Sites, you agree not to submit, post or transmit through the Discovery Sites any material or otherwise engage in any conduct that:
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allows you to gain unauthorized access to the Discovery Sites, or any account, computer system, or network connected to the Discovery Sites, by means such as hacking, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Discovery Sites.
• Impersonates any person, business or entity, including Discovery and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including Discovery;
• Contains an advertisement or solicitation or encourages others to make a donation;
• Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a false name;
• Permits any person to access, using your account, any features of the Discovery Sites that may require registration;
• Results in a single message being posted to more than five areas of any Discovery Site or results in any message being posted to any area of the Discovery Sites if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
• Violates this Visitor Agreement, guidelines or any policy posted on the Discovery Sites, or interferes with the use of the Discovery Sites by others.
Although Discovery cannot monitor all content on Discovery’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that Discovery shall have the right, but not the obligation, to monitor the content of the Discovery Sites to determine compliance with this Visitor Agreement and any other operating rules that may be established by Discovery from time to time. Discovery shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Video Submissions, submitted to or posted on the Discovery Sites for any reason, including violation of this Visitor’s Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Video Submissions. You acknowledge and agree that neither Discovery nor any of its affiliates shall assume or have any liability for any action or inaction by Discovery with respect to any conduct within the Discovery Sites or any communication or posting on the Discovery Sites. Discovery also reserves the right to disclose any information that Discovery believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
Discovery requires you not to use the Discovery Sites to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Discovery Sites, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting 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
With the exception of any and all Video Submissions (Discovery’s permitted use of which is discussed above) and any material posted on Discovery’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Discovery and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on Discovery’s community and social media sites, you are granting to Discovery, and to anyone authorized by Discovery, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Discovery’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Discovery, and anyone authorized by Discovery, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Discovery deems appropriate. Please also note the last paragraph in the “COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS” section above. See above for the terms and conditions that govern the submission of user-generated video to the Discovery Sites.
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 are free to encourage others to access the information themselves on the Discovery Sites and to tell them how to find it.
We welcome links to the Discovery Sites. You are usually free to establish a hypertext link to any of the Discovery Sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the Discovery Sites or by Discovery. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Discovery Sites.
You agree not to use the Discovery Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
NO SPAMMING OR SPIMMING
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
Without the prior written permission of Discovery, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Discovery Sites, or incorporate any intellectual property of the Discovery Sites, Discovery or any of their licensors into another website or other service.
We do not want anyone to be confused as to which materials and services are provided by Discovery and which are not. You may not use any trademark or service mark appearing on the Discovery Sites without the prior written consent of the owner of the mark.
ACCURACY OF INFORMATION
The Discovery staff works hard to ensure that information we post to the Discovery Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we do not go back and change the original report to reflect new developments. If you are looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you’re not looking at an out-of-date report.
You must be at least 13 years old to register on the Discovery Sites. By registering on the Discovery Sites, you warrant that you are at least 13 years old.
USER ACCOUNTS AND SECURITY
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. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Discovery considers to be offensive. 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. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Discovery immediately. Discovery reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. 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 (240) 662-8909 or filling out the form at https://discovery.csharmony.epsilon.com/Account/Login?b=CORPORATE. Click here to view our Privacy Notice.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make the Discovery Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Discovery Sites.
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, LLC 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, LLC 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, LLC 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, LLC 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, LLC FOR THE USE OF THE DISCOVERY SITES.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED.This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Discovery agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Visitor Agreement, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Discovery Sites, (ii) any purchases or other transactions or relationships with Discovery, or (iii) any data or information you may provide to Discovery or that Discovery may gather in connection with such use, interaction or transaction (collectively, “Discovery Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Discovery Sites, or engaging in any other Discovery Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Discovery Sites, you agree that any complaint, dispute, or disagreement you may have against Discovery, and any claim that Discovery may have against you, arising out of, relating to, or connected in any way with this Visitor Agreement, our Privacy Notice, or any Discovery Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Discovery agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of the Sections below entitled “No Class Relief” and “Interpretation and Enforcement of Arbitration Clause.” Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You further agree that:
Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Visitor Agreement and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of this Visitor Agreement is void or voidable;
Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Discovery; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
No Class Relief. The Arbitration can resolve only your and/or Discovery’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Discovery will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees. In the event you recover an Award greater than Discovery’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Discovery’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Discovery shall in all events bear its own attorneys’ fees;
Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Discovery shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
Modification of Arbitration Clause With Notice. Discovery may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Discovery has given notice of such modifications and only on a prospective basis for claims arising from Discovery Transactions and Relationships occurring after the effective date of such notification; and
Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Discovery in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
CHOICE OF LAW
This Agreement has been made in and shall be construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of law principles.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
CHOICE OF FORUM
By using the Discovery Sites, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Maryland.
You agree to indemnify, defend and hold harmless Discovery Communications, LLC, 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.
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.
USE OF HEALTH INFORMATION FROM DISCOVERYLIFE.COM
The information that appears on DiscoveryLife.com is presented in summary form only and is intended to provide general consumer understanding of health care topics. The information should not be used in place of a visit, call or consultation with a physician or other health care provider. DiscoveryLife.com does not recommend the self-management of health or medical problems, nor does DiscoveryLife.com promote or recommend any particular form of medical or alternative treatment. People using information accessed through DiscoveryLife.com should also research original sources of authority, including with your physician or other health care provider. Information obtained by using DiscoveryLife.com is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or visit your physician or other health care provider. You should never disregard medical advice – or delay in seeking it – because of something you have read on DiscoveryLife.com. You should always seek prompt medical care for any specific health issue and consult a physician before starting a fitness regimen.
ASSOCIATED PRESS CONTENT
The Discovery Sites include certain content owned by the Associated Press. Without limiting the generality of any of the foregoing provisions of this Visitor Agreement, you specifically acknowledge and agree that (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (d) the Associated Press is an intended third-party beneficiary of this Visitor Agreement and may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
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!