National Geographic Partners, LLC, a joint venture of the National
Geographic Society and 21st Century Fox (collectively, "National
Agreement ("Agreement") to describe the terms that govern your
access and use of the National Geographic Services (defined
below). This Agreement applies to the National Geographic websites
("NG Sites"), mobile sites, applications ("apps"), widgets, NG
Site Products (as defined below) and other content and services
that are linked to this Agreement (collectively, the "NG
Services"). National Geographic is based in the United States.
Your access to and use of certain NG Services may require you to
accept additional terms and conditions applicable to such NG
Services, including any future modifications (collectively,
"Additional Terms") in addition to this Agreement, and may require
you to download software or Content (as defined below). The
Additional Terms are made a part of this Agreement by this
reference. In the event of a conflict, between any such Additional
Terms and this Agreement, such Additional Terms will prevail over
this Agreement with respect to your use of that specific NG
Except as to those National Geographic sites and apps directed to children, including www.nationalgeographic.com/kids, www.littlekids.nationalgeographic.com, and certain online features directed to children, all other content, products and Services are limited to users aged 13 years and above.
PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND NATIONAL GEOGRAPHIC UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND NATIONAL GEOGRAPHIC WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THE NG SITES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
National Geographic furnishes the NG Services (as defined below) for your personal enjoyment and entertainment. By using any NG Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the NG Services and must discontinue use of the NG Services immediately. National Geographic may modify this Agreement at any time, and each such modification will be effective upon posting on or to the NG Service. All material modifications will apply prospectively only. Your continued use of the NG Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. NG may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help NG manage and provide the NG Services.
Some NG Services require you to create an account (including
setting up a National Geographic credential and password) to
participate in or to secure additional NG Services, such as
viewing and commenting on NG Content (defined below), purchasing
NG Site Products, creating an NG Site profile and signing up for
specific National Geographic newsletters. To create an account and
interact with participating NG Services click on the Sign In/Join
link on the NG Service webpage and create a profile.
All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you by visiting our customer portal at https://members.nationalgeographic.com/settings/account/. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. National Geographic reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information. You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by National Geographic, NG Affiliates (defined below) or any other National Geographic user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify National Geographic and all NG Affiliates from any thirdparty claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify National Geographic immediately if you suspect any unauthorized use of, or access to, your account or password. National Geographic shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. If National Geographic makes available a manner by which you are able to upload a picture to your profile, National Geographic shall also retain the right, but no obligation, to review any profile pictures provided by you.
The NG Site is intended solely for your personal and non-commercial use. National Geographic may change, suspend or discontinue the NG Site (or any feature thereof) at any time. National Geographic may also impose limits on certain features and services offered on the NG Site or restrict your access to parts or all of the NG Site without notice or liability. You acknowledge that from time to time the NG Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which National Geographic may undertake from time to time; or (iii) causes beyond the control of National Geographic or which are not reasonably foreseeable by National Geographic.
Unless terminated by National Geographic in its sole discretion, this Agreement remains in full force and effect while you use the NG Services. You may terminate your account at any time, for any reason, in the following ways: (i) send a letter to National Geographic Partners, LLC Attn: Marketing Services - Privacy, 1145 17th Street NW, Washington, DC 20036-4688, or (ii) visit our Support Center at http://help.nationalgeographic.com/customer/portal/emails/new. Please send us an email with your request to delete your account and choose "National Geographic Community Account" in the dropdown. National Geographic may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the NG Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the NG Services is terminated by you or National Geographic, this Agreement will remain in full force and effect with respect to your past and future use of the NG Services. If we terminate your user account, subscription and/or access to the NG Services (or any portion of the NG Services) you may not create a new account, purchase a new subscription or try to access the NG Services without National Geographic's prior written approval. You agree that your account is non-transferable. Any rights to your account and/or NG Services terminate upon your death.
You acknowledge that National Geographic reserves the right to charge a fee for any portion of the NG Services. National Geographic will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the NG Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if National Geographic suspends or terminates your account, and/or access to an NG Site (or any portion of the NG Site), due to your breach of this Agreement or violation of Applicable Law, as determined by National Geographic, in its sole discretion.
In connection with a purchase of any NG Services feature,
subscription (including any premium subscription) or product,
through any NG Service ("NG Site Product") you may be required to
provide personal information, including credit card and billing
information ("Personal Financial Information"), to an independent
third-party selected by, but not affiliated with, National
Geographic (the "Processor"). Where the Processor is responsible
for collecting, transmitting and/or processing your Personal
Financial Information and, in some instances, for fulfilling your
order, the collection, use and transmission of your Personal
Financial Information and any payment obligations for NG Site
policy(ies) of the Processor. If you make a purchase of an NG Site
Product, you are warranting that you are authorized to make the
purchase using the Personal Financial Information that you provide
to the Processor. You must be 18 years of age or older to purchase
an NG Site Product.
If you purchase certain subscription based NG Site Products, your subscription will be automatically renewed and the credit or debit card you provided to the Processor for such NG Site Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of National Geographic or the Processor, for a substantially similar subscription. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.
National Geographic makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for an NG Site Product with the Processor. National Geographic provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability, regarding purchases you make on or through any NG Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, National Geographic will in no way be responsible or liable to you for any such data breach.
If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
The NG Services contain information, text, files, images, video,
sounds, musical works, works of authorship, materials,
applications, software, product names, company names, trade names,
logos, designs, and any other materials or content (collectively,
"Content") of National Geographic and NG Affiliates and their
licensors and assignors ("NG Content"), as well as materials and
Content provided by users ("User Content") or other thirdparties.
NG Content contained in the NG Services is protected by copyright,
trademark, patent, trade secret and other laws and, as between you
and National Geographic, National Geographic, its licensors, or
its assignors, own and retain all rights in the NG Content and NG
Services. National Geographic hereby grants you a limited,
revocable, nonsublicensable, nontransferable license, to access
and display or perform the NG Content (excluding any software
code) solely for your personal, non-commercial use, in connection
with using the NG Services. The NG Services may also contain User
Content. Except as provided in this Agreement or as explicitly
allowed in the Additional Terms on the applicable NG Service, you
may not copy, download, stream capture, reproduce, duplicate,
archive, upload, modify, translate, publish, broadcast, transmit,
retransmit, distribute, perform, display, sell, frame or
deep-link, make available or otherwise use any Content contained
in or through the NG Services.
Except as explicitly and expressly permitted by National Geographic or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the NG Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the NG Content contained in the NG Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the NG Content, including geo-filtering mechanisms. Except as necessary in order to make reference to National Geographic or NG Services in a purely descriptive capacity, you are expressly prohibited from using any NG Content in any manner.
You may not, without the National Geographic's written permission, "mirror" any NG Contents contained on the NG Site or any other server. You may not use the NG Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the NG Site in any manner that could damage, disable, overburden, or impair the NG Site, or interfere with any other party's use and enjoyment of the NG Site. You may not attempt to gain unauthorized access to the NG Site through hacking, password mining or any other means. National Geographic reserves the right, in its sole discretion, to terminate your access to the NG Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
National Geographic reserves the right to remove any and all
Content in its sole discretion. You understand that you are
responsible for all User Content that you post, upload, transmit,
email or otherwise make available on, through or in connection
with the NG Services. Additionally, you acknowledge that you have
no expectation of privacy in or confidentiality with respect to
your User Content. Accordingly, please choose carefully the
information that you post on, through or in connection with the NG
Services. You understand that National Geographic does not control
the User Content posted by users via the NG Services and, as such,
you understand you may be exposed to offensive, inaccurate or
otherwise objectionable User Content. National Geographic assumes
no responsibility or liability for any User Content. If you become
aware of any misuse of the NG Services, please report this
immediately to NGPLegalAffairs@natgeo.com.
National Geographic assumes no responsibility for monitoring the NG Services for inappropriate Content or conduct. If at any time, National Geographic chooses in its sole discretion to monitor the NG Services, National Geographic nonetheless assumes no responsibility for Content other than NG Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
You agree not to use the NG Services to:
National Geographic reserves the right, but disclaims any
obligation or responsibility, to remove User Content that violates
this Agreement, as determined by National Geographic, or for any
other reason in National Geographic's sole discretion and without
notice to you. You acknowledge that National Geographic reserves
the right to investigate and take appropriate legal action against
anyone who, in National Geographic's sole discretion, violates
this Agreement, including but not limited to, terminating their
account and/or subscription and/or reporting such User Content,
conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that National Geographic may access, preserve or disclose information you provide to or through the NG Services or that we have collected about you, including registration information and User Content, when National Geographic has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of National Geographic, our parents, subsidiaries or affiliates ("NG Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the NG Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If National Geographic sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, National Geographic may transfer your information to the party or parties involved in the transaction as part of that transaction.
National Geographic reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and National Geographic assumes no responsibility for any loss of your User Content due to it being removed by National Geographic or for any other reason.
National Geographic may offer users the ability to post messages on message boards, stories, photos and/or forums (collectively, "Forums"), which may be open to the public generally, to all members of NG Services or to a select group of NG Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. National Geographic reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in National Geographic's sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the NG Services, including the Forums or otherwise.
National Geographic does not claim any ownership rights (including
copyright) in the User Content that you post, upload, email,
transmit, or otherwise make available (collectively, "Transmit")
on, through or in connection with the NG Services, except with
respect to your unsolicited submissions, as described under
"Unsolicited Submissions" below; provided, however, that User
Content shall not include any NG Content or content owned by an NG
Affiliate. By posting or transmitting any User Content on, through
or in connection with the NG Services, you hereby grant to
National Geographic and our NG Affiliates, licensees, assignees,
and authorized users, a worldwide, perpetual, irrevocable,
non-exclusive, fully-paid and royalty-free, freely sublicensable
and transferable (in whole or in part) right (including any moral
rights) and license to use, modify, excerpt, adapt, publish,
translate, create derivative works and compilations based upon,
publicly perform, publicly display, reproduce, sublicense,
broadcast and distribute such User Content, including your name,
voice, likeness and other personally identifiable information to
the extent that such is contained in User Content, anywhere, in
any form and on and through all media formats now known or
hereafter devised, for any and all purposes including, but not
limited to, promotional, marketing, trade or any non-commercial or
commercial purposes. Additionally, National Geographic is free to
use any ideas, concepts, know-how, or techniques contained within
such User Content for any purpose including, but not limited to,
developing, manufacturing, marketing and providing commercial
products and services, including NG Services. National
Geographic's use of such User Content shall not require any
further notice or attribution to you and such use shall be without
the requirement of any permission from or any payment to you or
any other person or entity. You hereby appoint National Geographic
as your agent with full authority to execute any document or take
any action, National Geographic may consider appropriate in order
to confirm the rights granted by you to National Geographic in
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the NG Services and/or Third-Party Services, or otherwise have the right to grant the license set forth in this section, and (ii) the Transmission of User Content by you on, through or in connection with the NG Services and/or Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the NG Services or Third-Party Services. If you delete your User Content from any NG Service, National Geographic's license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in National Geographic's back-up copies of the applicable NG Service, which are not publicly available. Furthermore, to the extent that National Geographic made use of your User Content before you deleted it, National Geographic will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from NG Services will not result in, and National Geographic assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from NG Services, and (ii) termination of your account or your use of the NG Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Notwithstanding the terms above, National Geographic may only use "Your Shot" and "My Shot" content posted by you, without compensation to you, in any NG Products that feature "Your Shot" or "My Shot" content posted by you in the context of, or in the promotion of the "Your Shot" and "My Shot" communities, respectively, or successor sections or communities of the services. National Geographic may exercise its rights to use "Your Shot" and "My Shot" content posted by you in NG Products other than described immediately above (e.g., a book or e-book, merchandise, mobile App etc.), and National Geographic will pay you at National Geographic's predetermined rates. Provided, however, any payment to you is conditioned upon your keeping your registration information up to date and your completion of any paperwork that National Geographic requires to make payment to third parties. National Geographic also reserves the right to not make payment to you for such use if National Geographic reasonably believes that to do so would violate applicable law or if your submission is in violation of this Agreement.
National Geographic respects the intellectual property of others
and requires that our users do the same. National Geographic has a
policy that provides for the termination in appropriate
circumstances of users and account holders of NG Services who are
repeat infringers. National Geographic also reserves the right to
remove or disable access to any transmission of Content that
infringes the copyright of any person under the laws of the United
States upon receipt of a notice that substantially complies with
the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If you believe materials on the NG Services infringes your copyright.
If you believe that any materials residing on or linked to from NG Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the NG Copyright Agent: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit National Geographic to locate the material on the NG Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit National Geographic to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. National Geographic's Copyright Agent for notification of a claimed infringement can be reached as follows: Copyright Agent, National Geographic Kataryna DeLisle; Facsimile: (202) 912-3239; Phone: (202) 912-6623. Please be sure to send the notification to the attention of the NG Site on which your claimed infringement occurred. If you wish to notify the National Geographic Copyright Agent electronically, please submit an email to NGPLegal@natgeo.com.
If you posted materials to an NG Service that was removed due to notice by a copyright owner.
If you posted materials to the NG Services that National Geographic removed due to a notice of a claimed infringement from a copyright owner, National Geographic will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on NG Services or by written or electronic communication to such address(es) you have provided to National Geographic, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) 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; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which National Geographic is located, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person's agent; and (iv) your physical or electronic signature. Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Sweepstakes, contests, games and other promotions run on the NG Services by National Geographic may require you to provide some information such as full name, zip code, e-mail address, and phone number, in order to participate. National Geographic may use a reputable third-party, selected by, but not affiliated with National Geographic, to manage and administer some or all of its sweepstakes, contests, games and other promotions. This third-party may have access to some or all of the information that you provided in order to participate in the sweepstakes, contests, games or other promotion. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. National Geographic requires proof of age in order for an individual to collect any prizes awarded. MEMBER DISPUTES You are solely responsible for your interactions with other National Geographic users and visitors, providers of Third-Party Services, Processors or any other parties with whom you interact on, through or in connection with the NG Services. National Geographic reserves the right, but has no obligation, to become involved in any way with these disputes.
THE NG SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND
NATIONAL GEOGRAPHIC DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC
RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE NG SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL
GEOGRAPHIC EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED
FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, NATIONAL GEOGRAPHIC MAKES NO
WARRANTY THAT YOUR USE OF THE NG SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE NG SERVICES WILL
BE CORRECTED, THAT THE NG SERVICES OR THE SERVERS ON WHICH THEY
ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN
CONNECTION WITH THE NG SERVICES OR THIRD-PARTY SERVICES
(INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR
THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR
COMPLETE. UNDER NO CIRCUMSTANCES WILL NATIONAL GEOGRAPHIC OR OUR
NATIONAL GEOGRAPHIC AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY
DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE NG
SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE
OF THE NG SERVICES, ATTENDANCE AT AN NATIONAL GEOGRAPHIC EVENT,
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH
THE NG SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT
OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION
WITH THE NG SERVICES, OR THE CONDUCT OF ANY USERS OF THE NG
SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT,
THIRD-PARTY ADVERTISEMENTS, THIRDPARTY SERVICES AND THE GOODS OR
SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR
RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE NG SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE NG SERVICES.
User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of National Geographic or of our NG Affiliates.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL
GEOGRAPHIC NOR OUR NG AFFILIATES WILL BE LIABLE TO YOU OR ANY
THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR
INABILITY TO USE THE NG SERVICES, EVEN IF NATIONAL GEOGRAPHIC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, NATIONAL GEOGRAPHIC AND OUR NG
AFFILIATES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO NATIONAL GEOGRAPHIC, FOR THE
NG SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF NATIONAL GEOGRAPHIC'S ACTS OR OMISSIONS OR YOUR USE OF NG SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE NG SERVICES. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NATIONAL GEOGRAPHIC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
National Geographic provides the NG Services in the United States
of America. National Geographic does not represent that the NG
Content, NG Services are appropriate (or, in some cases,
available) for use in other locations. If you use the NG Services
from a jurisdiction other than the United States, you agree that
you do so of your own initiative, and you are responsible for
complying with local laws as applicable to your use of the NG
Not all of the NG Services are available worldwide or nationwide, and National Geographic makes no representation that you will be able to obtain any NG Services in any particular jurisdiction, either within or outside of the United States.
Software available in connection with the NG Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the NG Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
(1) National Geographic, including our NG Affiliates, agents,
employees, predecessors in interest, successors, and assigns, and
you agree that any Dispute (as defined herein) between you and
National Geographic, regarding any aspect of your relationship
with National Geographic, will be resolved in a binding,
confidential, individual and fair arbitration process, and not in
court. Each of you and National Geographic agrees to give up the
right to sue in court. The term "Dispute" is to be given the
broadest possible meaning that will be enforced, and shall include
any dispute, claim, demand, count, cause of action, or controversy
between you and National Geographic, whether based in contract,
statute, regulation, ordinance, tort (including, but not limited
to, fraud, misrepresentation, fraudulent inducement, negligence,
or any other intentional tort), or any other legal or equitable
theory. The term "Dispute" specifically includes, but is not
limited to, any and all claims between you and National Geographic
in any way related to or concerning this Arbitration Agreement,
applicability and their conformance to applicable law), any
products or services provided by National Geographic, any billing
disputes, and any disputes relating to telephonic, text message,
or any other communications either of us received from the other.
The only exceptions to this Arbitration Agreement are that (i)
each of you and National Geographic retains the right to sue in
small claims court and (ii) each of you and National Geographic
may bring suit in court against the other to enjoin infringement
or other misuse of intellectual property rights. Disputes over
whether these exceptions apply shall be resolved by the court in
which such action has been brought; all other disputes over
arbitrability shall be resolved by the arbitrator. Each of you and
National Geographic also agrees to give up the ability to seek to
represent, in a class action or otherwise, anyone but each of you
and National Geographic (see paragraph 9 of this Arbitration
Agreement below). There is no judge or jury in arbitration, and
court review of an arbitration award is limited. An arbitrator
must follow this Arbitration Agreement. The arbitrator, however,
can award on an individual basis the same damages and relief as a
court (including injunctive and declaratory relief, or statutory
(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and National Geographic will be conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and National Geographic cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of National Geographic and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-minimum-standards/. The arbitrator is bound by the terms of this Arbitration Agreement.
(4) If either you or National Geographic wants to arbitrate a Dispute, you or National Geographic must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the NG Service to which the Notice relates, and the relief requested. Your Notice to the National Geographic must be sent by mail to Arbitration Notice of Dispute, c/o Business and Legal Affairs, Litigation VP, 1145 17th Street NW, Washington, DC 20036. The National Geographic will send any Notice to you at the contact information we have for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the National Geographic at the address listed above to which you sent your Notice of Dispute.
(5) You and the National Geographic acknowledge and agree to abide by the following rules for arbitration:
(a) YOU AND NATIONAL GEOGRAPHIC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the National Geographic will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 8 below.
(6) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against National Geographic, you and the National Geographic acknowledge and agree to abide by the following:
(7) Regardless of how the arbitration proceeds, each of you and
National Geographic shall cooperate in good faith in the exchange
of non-privileged documents and information as necessary in
accordance with the JAMS Rules, and the arbitrator shall issue a
reasoned written decision sufficient to explain his or her
findings and conclusions.
(8) Each of you and National Geographic may incur attorneys' fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys' fees under applicable law, if you prevail in the arbitration, and if National Geographic failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than National Geographic's highest settlement offer, then National Geographic will pay your reasonable attorneys' fees in addition to the amount the arbitrator awarded. If National Geographic wins the arbitration, you will be responsible for your own attorneys' fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides' arbitration fees and may order the losing party to pay the winning party's reasonable attorneys' fees, unless such an award of fees is prohibited by applicable law.
(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order National Geographic to pay any monies to or take any actions with respect to persons other than you, unless National Geographic explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless National Geographic expressly agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(10) You and National Geographic agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
(11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against National Geographic must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and National Geographic agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement or the NG Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE NG SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold National Geographic, its NG Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your use of the NG Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the NG Services.
National Geographic does not knowingly accept, via the NG Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. National Geographic requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any National Geographic or NG Affiliate creative work, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to National Geographic via the NG Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and National Geographic; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by National Geographic (and are not User Content licensed by you to National Geographic under "Your Proprietary Rights in and License to Your User Content") and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as National Geographic sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against National Geographic or NG Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
National Geographic may, from time to time, post National Geographic employment opportunities on the NG Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to National Geographic in response to employment listings, you are authorizing National Geographic to utilize this information for all lawful and legitimate hiring and employment purposes. National Geographic also reserves the right, at its sole discretion, to forward the information you submit, to its NG Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the NG Services will constitute a promise by National Geographic to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the NG Services constitute a promise that National Geographic will review any or all of the information submitted to it by users of the NG Services.
The failure of National Geographic to exercise or enforce any
right or provision of this Agreement will not operate as a waiver
of such right or provision. The Section titles in this Agreement
are for convenience only and have no legal or contractual effect.
This Agreement operates to the fullest extent permissible by law.
Except as otherwise expressly provided herein, if any provision of
this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
You agree that any notices the National Geographic may be required by Applicable Law to send to you will be effective upon National Geographic's sending an e-mail message to the e-mail address you have on file with National Geographic or publishing such notices on the informational page(s) of NG Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and National Geographic as a result of this Agreement or your use of the NG Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits National Geographic's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NG Services or information provided to or gathered by us in connection with such use.
If you would like to contact any NG Site with any questions regarding this Agreement, please contact us at NGPLegalAffairs@natgeo.com.