This Media Share User Agreement applies to all of the components that comprise Discovery Education Media Share.
We may change the terms of this Media Share User Agreement from time to time. By continuing to use any of Discovery Education Media Share after we post any such changes, you accept this Media Share User Agreement, as modified. We may change, restrict access to, suspend or discontinue Discovery Education Media Share, or any portion of Discovery Education Media Share, at any time.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
- Service Provider: Discovery Education, Inc.
- Name of Agent Designated to Receive Notification of Claimed Infringement: Aaron Holbert
- Full Address of Designated Agent to Which Notification Should Be Sent: Aaron Holbert, Legal Affairs, Discovery Communications, LLC, One Discovery Place, Silver Spring, MD 20910.
- Telephone Number of Designated Agent: 240.662.0000
- Facsimile Number of Designated Agent: 240.662.1903
- E-Mail Address of Designated Agent: DMCA@discovery.com
ACCEPTABLE USES OF DISCOVERY EDUCATION MEDIA SHARE
- I. EDUCATIONAL USE ONLY
Discovery Education Media Share and the material that appears on Discovery Education Media Share is for educational purposes only. Because the content on Discovery Education Media Share is provided by you and other users, errors may appear from time to time. Before you act on information you've found on Discovery Education Media Share, 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 Discovery Education Media Share. 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.
- II. PROTECTION OF STUDENT DATA
You agree not to post or submit any data or information related to any student. You are solely liable for compliance with all laws, rules and regulations regarding the disclosure of student identification and agree to indemnify, defend and hold harmless the Discovery Parties from any and all claims arising from any student information you submit, post or upload to Discovery Education Media Share.
- III. YOUR USER-GENERATED MATERIALS
Discovery Education Media Share allows you to post your own materials, which may be viewed by persons you select in accordance with choices provided by Discovery. You agree only to submit materials where you have the right to do so and agree that you will not submit any materials that belong to other people unless they have granted you the right to do so.
In submitting user-generated materials to Discovery Education Media Share, 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 Education, Inc. (�Discovery�), Discovery�s joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the �Discovery Parties�) a non-exclusive, perpetual, royalty-free, fully paid up license to use and distribute, perform, display, reproduce and create derivative works from, your user-generated materials submitted hereunder, which shall include without limitation all materials submitted by you, 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 �User Submission�), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Discovery Parties may or may not earn or generate through its use of your User Submission.
Discovery Parties' Right to Use Your User Submission. You grant the Discovery Parties the non-exclusive right to use and distribute and license others to use and distribute, perform, display, reproduce and create derivative works from, your User Submission, or any portions, reproductions or versions thereof, on Discovery Education Media Share to the segment of Discovery Education Media Share users that you select in accordance with options that Discovery Education may provide to you from time to time.
Clearance of Your User Submission for the Discovery Parties' Use. You represent and warrant that your User Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Discovery Parties' use and distribution of your User Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your User Submission (collectively, the �Elements�). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Discovery Parties' use and distribution of your User Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the User Submission are true to the best of your knowledge and that neither they, nor any Element of your User Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Access; Backing Up Your User Submission. We work hard to make Discovery Education Media Share a secure and stable environment. However, as with any computer system, there is always the risk of data loss and that data may be made available to others despite security safeguards. You should never let the copy of any of your User Submissions on Discovery Education Media Share serve as your only copy of such materials. You should maintain your own copies of all of your materials, so that in the event of lost data affecting Discovery Education Media Share, you will not lose your User Submissions. You should not include any confidential materials as part of your User Submissions.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your User Submission as used and distributed by the Discovery 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 Discovery 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 also waive the right to assert any claim of any nature against any party relating to the loss of data (whether yours or someone else�s data, including User Submissions) stored on, through, or by Discovery Education Media Share or relating to the access by any party to your User Submissions or the failure of any technology designed to limit access to your User Submissions. You agree to indemnify, defend and hold harmless the Discovery Parties from any and all claims arising from their use and distribution of your User Submission as permitted herein or the access by any party to your User Submissions.
Furthermore, you agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Discovery Education Media Share.
- IV. USER SUBMISSIONS FROM OTHER USERS
Discovery wants to encourage an open exchange of information and ideas. But we cannot and do not review every submission submitted by other users of Discovery Education Media Share. 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 submission, regardless of the source of the information. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted in Discovery Education Media Share lies with each user � you alone are responsible for material you submit. By using Discovery Education Media Share, you agree not to submit or transmit any libelous, defamatory, abusive, obscene, pornographic, threatening or illegal material, or any other material that infringes on the ability of others to enjoy Discovery Education Media Share or that infringes on the rights of others. You may not submit or transmit any message anonymously or under a false name. You may not permit any person to access, using your account, any features of Discovery Education Media Share unless such person is also covered under your subscription and the terms of your subscription allow it. We retain the right to deny access to anyone who we believe in our sole discretion has violated these terms or any other term of this Media Share User Agreement.
Although Discovery cannot monitor all the submissions, we reserve the right (but assume no obligation) to delete, move or edit any submission, including without limitation any User Submissions, that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Discovery requires you not to use Discovery Education Media Share to violate anyone's copyright, trademark or other intellectual property rights. By submitting material to Discovery Education Media Share, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You also warrant that all moral rights in any material that you submit to us have been waived. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Media Share User Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
We also invite you to bring to our attention any material you believe to be factually inaccurate by filling out the �Contact Us� form located on the website.
- V. USE OF MATERIALS
Except your own User Submissions, the materials available to you through Discovery Education Media Share are the property of Discovery or its licensors, or of other users of Discovery Education Media Share, 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 Discovery Education Media Share. 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 Discovery Education Media Share in any form (including by e-mail or other electronic means), without prior written permission from the owner.
- VI. NO SOLICITING
You agree not to use Discovery Education Media Share 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.
- VII. NO FRAMING
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 Discovery Education Media Share, or incorporate any intellectual property of Discovery Education Media Share, Discovery or any of their licensors into another website or other service.
- VIII. TRADEMARKS
We don't 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 Discovery Education Media Share without the prior written consent of the owner of the mark.
DISCLAIMER OF WARRANTIES AND LIABILITY
Please read this Disclaimer carefully before using any of Discovery Education Media Share.
YOU AGREE THAT YOUR USE OF DISCOVERY EDUCATION MEDIA SHARE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH DISCOVERY EDUCATION MEDIA SHARE, 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 DISCOVERY EDUCATION MEDIA SHARE, 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 DISCOVERY EDUCATION MEDIA SHARE.
DISCOVERY EDUCATION MEDIA SHARE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. DISCOVERY EDUCATION, INC., 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 DISCOVERY EDUCATION MEDIA SHARE, NOR DO THEY GUARANTEE THAT DISCOVERY EDUCATION MEDIA SHARE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT DISCOVERY EDUCATION MEDIA SHARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL DISCOVERY EDUCATION, INC. OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF DISCOVERY EDUCATION MEDIA SHARE, 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 DISCOVERY EDUCATION, INC. AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF DISCOVERY EDUCATION, INC. AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO DISCOVERY EDUCATION MEDIA SHARE WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY EDUCATION, INC. FOR THE USE OF DISCOVERY EDUCATION MEDIA SHARE.
To obtain access to certain services on Discovery Education Media Share, you may be given an opportunity to register. As part of any such registration process, you will select or be provided a user name and a password. You agree that the information you supply will be accurate and complete and that you will not use the name of, or attempt to enter any Discovery site under the name of, another person. Discovery reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Discovery of any known or suspected unauthorized use of your account.
You agree to indemnify, defend and hold harmless Discovery Education, Inc., its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from any violation of this Media Share User Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Discovery site using your account.
This Media Share User Agreement has been made in and shall be construed in accordance with the laws of the State of Maryland. By using Discovery Education Media Share, you consent to the exclusive jurisdiction of the state and federal courts located in Maryland, in all disputes arising out of or relating to this Media Share User Agreement.
In the event that any portion of this Media Share User 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 Media Share User Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Media Share User Agreement.
By using Discovery Education Media Share, you agree to abide by the terms of this Media Share User Agreement.
Last updated February 26, 2008