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Terms

THESE TERMS AND CONDITIONS OF USE ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU, YOUR COMPANY, YOUR EMPLOYER AND YOUR CORPORATE CLIENT, AS THE CASE MAY BE, (COLLECTIVELY "you") AND NATIONAL GEOGRAPHIC SOCIETY ("National Geographic").  For purposes of these Terms and Conditions, “Service” shall mean the websites with the addresses www.natgeomotion.com and www.natgeocreative.com .   Please review these Terms and Conditions fully before you continue to use the Service. By using this Service, you agree to be bound by these Terms and Conditions. If you do not agree, please discontinue using this Service.  In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.   All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

National Geographic reserves the right to change the Terms and Conditions at any time without prior notice.  Please be aware it is your responsibility to review these Terms and Conditions when using the Service to insure you are aware of all amendments to them.  Your continued access or use of the Service after such changes indicates Your acceptance of the Terms and Conditions as modified. It is your responsibility to review the Terms and Conditions regularly. The Terms and Conditions were last updated on 15 February 2013.

Account Information

In consideration of your use of the Service, you agree to:

(i) provide true, accurate, current and complete information about yourself and/or your company as prompted by the Service’s registration form (such information being the “Account Data”); and (ii) maintain and promptly update the Account Data to keep it true, accurate, current and complete. You shall receive a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name. You further agree to: (i) immediately notify National Geographic of any unauthorized use of your password or user name or any other breach of security; (ii) ensure that you exit from your account at the end of each session; and (iii) defend, indemnify and hold harmless National Geographic from any loss or damage arising from unauthorized use of your password or user name.

 Privacy Policy

National Geographic is committed to respecting and protecting your privacy.  Please review our Privacy Policy for information regarding how we collect, use, and disclose personal information.

Competence to Accept Terms and Conditions

By using the Service, accessing or creating an account with National Geographic, you affirm that you are fully able and competent to agree to these Terms and Conditions and any other obligations, affirmations, representations, and warranties set forth herein and on the Service or in our License Agreements, that you have the power and authority to agree to these terms on behalf of yourself or your principal, and that you have read and agree to such Terms and Conditions.

Ownership

The Service is owned and operated by National Geographic.  All aspects of the Service, including, but not limited to the design and “look and feel” thereof, and all of the content featured or displayed therein, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof (together with the Marks (as defined below)) are referred to herein as “Content”) and are owned by National Geographic and/or its licensors and/or Content providers. “National Geographic” “National Geographic Society,” the Yellow Border Design, its respective logo, and all other marks owned by National Geographic (the “Marks”) are trademarks of National Geographic and may not be used without the prior written permission of National Geographic.  Any graphical marks, logos, other proprietary rights or slogans contained in the Service are trademarks of National Geographic’s suppliers or licensors and may not be copied, or used, in whole or in part, without prior consent of National Geographic or the applicable trademark owner.

All elements of the Service and Platform, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark, and other laws relating to property rights.  Except as explicitly permitted under separate agreement with National Geographic, no portion or element of the Service or the Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way, and the Service, the Platform, the Content, and all related rights shall remain the exclusive property of National Geographic, its licensors, and/or Content providers unless otherwise expressly agreed.

Use of the Service and Content

The Service and any Content available for licensing via the Service or from National Geographic are intended to be accessed and utilized by customers and registered users of National Geographic. You are specifically prohibited from: (i) copying or re-transmitting any portion or the entire Service; (ii) downloading and/or using any of the Content available from National Geographic without a valid license agreement with National Geographic or absent other agreements between National Geographic and Platform service customers; or (iii) manipulating or otherwise displaying the Service or any Content available from the Service or National Geographic by using framing or other navigational technology.  You are also prohibited from using any data mining, automated, robotic or similar data aggregation or extraction methods or technologies on or in connection with this Service.  Any unauthorized use of this Service, the Platform, or any Content available from this Service or National Geographic may violate applicable copyright and trademark laws, right of privacy or right of publicity, and/or other proprietary rights and applicable federal, state and local laws, rules, orders or regulations, which shall entitle National Geographic to take action against you, your employer or principal including, without limitation, seeking injunctive relief, as well as damages in the form of actual damages for loss of income, profits derived from the unauthorized use and, where appropriate, attorneys’ fees, other costs of collection, and/or statutory damages.

By accessing the Service, the Platform, or logging into your account and utilizing the Service, including the viewing, licensing or downloading of any Content, you agree that you have read and agree to all the Terms and Conditions contained herein and in the Privacy Policy and that you will comply with all applicable laws and regulations, and all privacy and other intellectual property and export laws.

Downloading of Content

In order to download, license and use copyrighted Content from National Geographic, you must enter into and agree to be bound by the terms and conditions set forth in our License Agreement or other applicable agreements with us for your use of Content prior to the delivery or download of such Content.  In the event you receive or download Content without a valid License Agreement, you must return the Content to National Geographic, make no public use of the Content, and retain no copies of the Content.  In the event you make any commercial, editorial or public use of any Content without a valid License Agreement, your use shall constitute copyright infringement and entitle National Geographic to all legal and equitable relief against you for such use, and you shall indemnify National Geographic, its licensors, suppliers, officers, directors, employees, and agents against all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or in connection with your use or exhibition of such Content, and for your negligent or willful misconduct.

National Geographic may use certain technology including, but not limited to, watermarks or other digital rights management technologies to protect the data and Content on our Service.  This technology may be embedded within the Content available on this Service.  National Geographic reserves the right to use such technology to track, monitor and protect the Content and data available on this Service and distributed or otherwise made available by National Geographic.  Failure to agree to the use of such technology requires that you discontinue use of the Service or any Content available or downloaded from the Service.  When you access the Service or download Content from National Geographic, you agree not to disrupt the use of such technology by disabling such technology.  Further you will not attempt to remove any proprietary rights notices, including but not limited to copyright notices, embedded in the Content or anywhere on the Service.  Use of the Service represents your agreement not to engage in any activity that disrupts, evades, intercepts, impedes, or violates any technology enabled on the Service or that violates any applicable federal, state or local laws or regulations, or these Terms and Conditions.

All license fees reflected on an invoice or quote in connection with any Content you download or otherwise receive or license from National Geographic include applicable fees associated with the access, processing, and fulfillment of Content through the Service and the Platform.   Depending on your requested or licensed use of Content and/or delivery method of Content, additional fees may apply and will be reflected on your invoice or quote associated with the Content you download or otherwise receive or license from National Geographic.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, T3MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES 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.

T3MEDIA MAKES NO WARRANTY THAT: (i) THE WEBSITE SHALL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE SHALL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE SHALL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE CONTENT OR WEBSITE SHALL BE CORRECTED; AND (vi) THE WEBSITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM T3MEDIA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR IN ANY APPLICABLE AGREEMENT, BETWEEN YOU AND T3MEDIA.

YOU ACKNOWLEDGE THAT NEITHER T3MEDIA NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT THEREON UNLESS OTHERWISE PROVIDED IN AN APPLICABLE AGREEMENT BETWEEN YOU AND T3MEDIA. WITH RESPECT TO ALL OTHER CLAIMS RELATED TO YOUR USE OF THE WEBSITE OR CONTENT, EXCEPT AS OTHERWISE SET FORTH IN A LICENSE AGREEMENT FOR USE OF THE CONTENT WITH T3MEDIA, T3MEDIA’S LIABILITY SHALL NOT EXCEED $500.

T3MEDIA USES REASONABLE ENDEAVORS TO ENSURE THAT THE WEBSITE AND THE PLATFORM AND ITS SERVICES ARE AVAILABLE 24 HOURS A DAY 7 DAYS A WEEK.  THERE WILL BE OCCASIONS, HOWEVER, WHEN THE WEBSITE, THE PLATFORM, OR T3MEDIA’S SERVICES WILL BE INTERRUPTED FOR MAINTENANCE, UPGRADES, AND EMERGENCY REPAIRS OR DUE TO FAILURE OF THIRD PARTY EQUIPMENT OR TELECOMMUNICATION VENDORS THAT ARE BEYOND THE CONTROL OF T3MEDIA.  EVERY REASONABLE STEP WILL BE TAKEN TO MINIMIZE ANY DISRUPTIONS.  YOU AGREE THAT T3MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE OR THE PLATFORM.  YOU ARE RESPONSIBLE FOR CREATING BACKUPS OF ANY CONTENT YOU POST TO THE WEBSITE OR THE PLATFORM.

Indemnity

You shall defend, indemnify and hold harmless National Geographic, its subsidiaries, affiliates, licensors, Content providers and their respective officers, directors, employees, agents, successors and assigns, from any and all loss, damage, liability, cost and expense, including without limitation attorneys’ fees and costs, incurred by any or all of them as a result of your breach of these Terms and Conditions or your unauthorized use of the Service, the Content, and/or other related rights.

No Unlawful or Prohibited Use

As a condition of your use of the Service, if applicable, you represent and warrant to National Geographic that you shall not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service or Platform, if applicable.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Service should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide National Geographic’s designated agent the following information:

·       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·       A description of the copyrighted work that you claim has been infringed;

·       A description of where the material that you claim is infringing is located on the Service;

·       Your address, telephone number, and email address;

·       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 the law;

·       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

To report alleged copyright infringements, please contact infringementnotice@nationalgeographic.com.

Dispute Resolution and Governing Law

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Washington, DC, pursuant to the rules of the American Arbitration Association.  Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction.  This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the District of Columbia, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate of interest, to the successful party.   Copyright claims shall be brought in the Federal court having jurisdiction.  If you are an agent for or an employee of a non-United States company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here.  If National Geographic is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse National Geographic for its respective legal fees, costs, and disbursements if National Geographic is successful.

Miscellaneous

These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between National Geographic and the users of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No action of National Geographic may be construed as a waiver of any part of these Terms.  Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.

Copyright © 2013 National Geographic Society. All rights reserved.