VISITOR AGREEMENT

Welcome to Discovery.com, one of the family of informational, educational and entertainment-oriented websites brought to you by Discovery Communications, LLC and its subsidiaries and affiliates (“Discovery”). Please read this Visitor Agreement; by using this website, you accept its terms.

This Visitor Agreement applies to all of the websites where it is posted. Those websites are referred to collectively in this Visitor Agreement as the “Discovery Sites.” Additional terms and conditions may apply to some services offered on the Discovery Sites. Such terms and conditions may be found at the place where the relevant service is offered. For example, policies governing purchases through DiscoveryStore.com can be found at the bottom of each DiscoveryStore.com page.

The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use any of the Discovery Sites after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the Discovery Sites, or any portion of the Discovery Sites, at any time. Discovery respects the privacy of our users. Please take a few minutes to review our Privacy Policy.

If you disagree with any material you find on the Discovery Sites, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting our representatives at (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.

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, One Discovery Place, Silver Spring, MD 20910; 240.662.0000 (telephone); 240.662.1492 (fax); DMCA_notices@discovery.com (e-mail).

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • 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;
  • 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;
  • 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
  • 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:

  • Your physical or electronic signature;
  • 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;
  • 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
  • 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.

USER-GENERATED VIDEO

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 DCI 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.

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