THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SOCIETY governing your use of this Service, www.nationalgeographic.org, which includes but is not limited to products, software and services offered by way of the website such as any "Video Player," "Uploader," and other applications that link to these Terms (the "Service"). "Society" includes National Geographic Society, its parent, its subsidiaries, its affiliates, and its licensees that may produce or distribute NG Products. An NG Product is defined as "a product of Society, a subsidiary, affiliate, joint venturer, or licensee of Society, in any language, over which Society has Editorial Control." For the purposes of this Agreement, "Editorial Control" means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the NG Product.
Your use and browsing of the Service is at your risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Service.
In order to utilize certain functionality of the Service, you must complete a registration process. As a registered user of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Society of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Society from any loss or damage arising from unauthorized use of your password or user name.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Society and processing of such data by Society in connection with your use of the Service. You consent to the technical processing and transmission involved in your use of the Service, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
If we select Your Content for use in an NG Product that is that is not in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted, we will pay you at our established rates (provided your contact email is up to date, you complete any necessary payment paperwork, and there is no U.S. law that prohibits us from making a payment to you).
We take copyright very seriously. If you think you have suffered an infringement, please follow the instructions in the last section of these Terms of Service to notify us.
The Service is owned by Society. All of the content featured or displayed on the Service, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Society.
Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
That you may only download Content that Society designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
To not reproduce, distribute, modify, re-post on another Service (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Society, unless such use is pursuant to Educational Use of Content of this agreement.
To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
To refrain from framing, inline linking, or mirroring any portion of the Service.
You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Service (“Your Content”).
Society will make no sale of Your Content to a third party unless and until you have expressly consented to be represented by Nat Geo Creative.
By uploading Your Content, however, you grant Society (which includes its parent, subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with the NG brand, NG Products, and Society’s branded channels on existing and future social media platforms (such as Facebook, Instagram, Twitter, Snapchat, Pinterest, and subsequent new platforms). Society may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate to distribute, market, or promote such NG Products or NG brand through any existing and future media, channels, or platforms. You also grant Society permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Service, and for similar institutional promotional purposes. You also agree that Society may make Your Content available to users of the Service who may display and redistribute it in the same way that Society makes all other Content available.
Society may use Your Content, without compensation to you, in any NG Products that feature Your Content in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted, or successor sections or communities of the service.
Society may exercise its rights to use Your Content in NG Products other than described., immediately above (e.g. for an “App,” a book or e-book, merchandise, etc.), and will pay you at Society’s rates.
To enable Society to use Your Content in NG Products, NG may request you to provide Your Content in other formats, and if technically possible, you agree to provide Your Content in such other formats so long as Society pays you the reasonable out of pocket costs of providing Your Content in such other formats.
Any payment to you is conditioned upon you keeping your registration information up to date and you completing any paperwork that Society requires to make payments to third parties. Society also reserves the right not to make payment to you if Society reasonably believes that to do so would violate applicable law.
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 Society’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 (such as the URL);
Your address, telephone number, and e-mail 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; and
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.
Society’s designated agent for notice of claims of copyright infringement on the Service is its Executive Vice President of Law, Business Affairs who can be reached as follows:
Angelo M. Grima
Executive Vice President, Law, Business Affairs
National Geographic Society.
1145 Seventeenth Street, NW
Washington, DC 20036-4688
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.
The Service is provided for informational purposes only. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Although Society does not routinely monitor the postings to the Service, Society reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that Society considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Society, restricts or inhibits any other user from using or enjoying the Service will not be permitted. Society reserves the right to refuse access to the Service to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Service, or any of the copyright or trademark laws of the United States.
The Service may provide, or third parties may provide, links to other sites or resources. Because
Society has no control over such sites and resources, you acknowledge and agree that Society is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Society shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
Your interactions with companies, organizations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Society will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, Society is under no obligation to become involved, and you agree to release Society and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOCIETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOCIETY MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOCIETY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SOCIETY, OR OUR SUBSIDIARIES, PARENT, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, 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, OUR LIABILITY AND THE LIABILITY OF SOCIETY SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SOCIETY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Society wants to encourage an open exchange of information and ideas on the Service. You can expect the Service to include information and opinions from a variety of individuals and organizations other than Society. Society neither endorses nor guarantees the accuracy of any of Your Content. Society may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, Society engages in no routine monitoring of Your Content on the Service. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any Your Content you post to the Service, and you agree to:
Abide by the Society Community Rules (which are fully incorporated into these Terms);
Post Your Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports Society's mission of inspiring people to care about the world;
Represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Society’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any Your Content that you post, and nothing you post will infringe on the rights of others;
Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive Your Content, or Your Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or post or transmit any other portion of Your Content that infringes on the ability of others to enjoy the Service or is otherwise inappropriate;
Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo);
Neither post nor transmit through the Service any Your Content that constitutes advertising or solicitation with respect to any product or service;
Not post anonymously or impersonate any other person;
Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Service. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content; and
Not to alter or modify any part of the Service, make no use that would interfere with or disrupt the Service or servers or networks connected to the Service, make none of Your Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by Society.
Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Service
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SOCIETY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You agree to indemnify, defend, and hold harmless Society; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Service from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of these Terms. Society reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Society.
With respect to Content designated as available for download for educational purposes (“Downloadable Content”), Educators or Learners may download and exhibit such Downloadable Content on a stand-alone basis or embed in their own presentations, handouts, worksheets, other educational aids, homework, school reports, and other educational assignments or projects. For the purposes of this Agreement, “Educators or Learners” consists of librarians, teachers, support staff, administrators and other staff of educational institutions, students, and adults supporting such students’ learning. The following restrictions apply to all Downloadable Content:
Educators or Learners are prohibited from disseminating Downloadable Content beyond such Educator’s or Learner’s particular educational institution, organization, or home.
Under no circumstances may an Educator or Learner use Downloadable Content for commercial purposes.
Educators or Learners may make no modifications to Downloadable Content and must preserve all Society or Licensor credits, copyright notices and other proprietary notices.
Educators or Learners may neither make use of nor allow or enable the use of Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites, regardless of educational use, but may store Downloadable Content on password-protected computer networks administered by the Educator’s or Learner’s school or school system.
Educators or Learners may post only products the Educator or Learner has created that contain Downloadable Content and only to a password-protected website administered by the
Educator’s or Learner’s school or school system or by Society.
Educators or Learners who embed Downloadable Content in the form of video material (e.g. through a video player) must also comply with the NG Terms of Service Your Conduct with respect to Video Players.
From time to time Society provides Massive Online Open Courses (“Online Courses”) through different providers (e.g. Google, Udacity, Coursera, etc.) (each a “Platform”). By accessing and/or using the Platform or Online Courses, you agree to be bound by these additional Terms of Service, whether you are a “Visitor,” meaning you simply browse the Online Courses, including, without limitation, through a mobile or other wireless device, or otherwise use the Online Courses without being registered; or a “Student,” meaning that you have registered to use the Online Courses and will complete the homework assignments and exams; or an “Attendee;” meaning that you have registered to use the Online Courses and that you intend to audit the Online Courses, i.e., attend or view lectures online without completing homework assignments, exams or other course work. The term “Course User” refers to a Visitor, Student or Attendee.
Content Disclaimer. The text and other material in Online Courses may include the opinion of the specific instructor and are not statements of advice, opinion, or information from Society. If you feel you might be offended by the content of the Online Courses, you should refrain from registering for the Online Courses.
Online Courses and Certificates of Completion. Society and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Courses or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities found in Liability above. For some Online Courses, subject to your satisfactory performance in the Online Courses as determined in the sole discretion of the instructors, you may be awarded a statement acknowledging your completion of the class ("Statement of Accomplishment") or Continuing Education Units (“CEU”). The term “Recognition” refers to a Statement of Accomplishment and/or CEU. Recognition, if provided to you, would be from Society and/or from the instructors. The type of Recognition, if provided to you, will be explicitly stated in the Online Courses. Further, Society reserves the right to offer or not offer any such Recognition for an Online Courses. You acknowledge that the Statement of Accomplishment does not convey academic credit and will not stand in the place of a course taken at an accredited institution. You acknowledge that neither the instructors of any Online Courses nor Society will be involved in any attempts to get the course recognized by any educational or accredited institution, unless explicitly stated otherwise by in the Online Courses. The format of the Recognition will be determined at the discretion of Society and the instructors, and may vary by class in terms of formatting, e.g., whether or not it reports your detailed scores or grades in the class, and in other ways. Where CEU is provided, the format will conform to CEU requirements.
Intellectual Property Rights and License. All content or other material available through the Online Courses, including but not limited to online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangement, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Course Content”), are the property of Society and/or its parent, affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual rights under United States and foreign law. In consideration for your agreement to these Terms of Service, Society grants you a personal, non-exclusive, non-transferable license to access and use the Online Courses and Course Content. You may download Course Content identified as available for download only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Content, nor may you modify or create derivatives works of the Course Content.
Course User Conduct. Online Courses are public and open forums. You agree to assume full and sole responsibility for any of Your Content you post to the Online Courses. Course User conduct is subject to standards described in the “Your Conduct” section of these Terms of Service above, which includes your obligation to abide by the Community at Society Rules for Members.
Termination Rights. You acknowledge that for the purpose of any Society Online Courses your sole relationship is with Society. Society has the right to cancel, delay, reschedule or alter the format of any Online Courses at any time, and that Society has no liability to you for any such action. If you no longer desire to participate in the Online Courses, you may terminate your participation therein upon notice to Society.
Feedback. Society may, in Society’s sole discretion, utilize, in any manner Society deems appropriate, all comments and suggestions, whether written or oral, furnished by any Course User to Society in connection with Online Courses (“Feedback”). Course User assigns to Society all right, title and interest, including, without limitation, all intellectual property rights, in and to the Feedback.
Research. Records of your activity in Online Courses may be used for researching online education intended to improve future Online Courses and contribute to overall knowledge in the field. This research will involve analyzing patterns about the use of the site and user submitted resources and comments. You may also be asked if you are willing to respond to survey questions or be interviewed for the research. Individual participants will not be identified, and reasonable efforts will be made to avoid including information that could be connected to any individual, school or district, in all research reports. In the interests of this research, you may be exposed to variations in the course materials that should have no substantive effect on your learning experience. All research findings will be reported at the aggregate level and will not expose your personal identity.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service, and to purchase services or products through the Service, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
With respect to your use of any Video Player offered on the Service, you also agree:
If you use a Video Player on your website, you must include a prominent link back to the Service on the pages containing the Video Player and you may not modify, build upon, or block any portion of the Video Player in any way;
You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, threatening, harassing, vulgar, indecent, profane, hateful, or racially or ethnically offensive, (ii) encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, or infringes any right of any third party including intellectual property rights, (iii) is otherwise inappropriate or objectionable to Society (in Society’s sole discretion), or (iv) links to infringing or unauthorized content (collectively, "Unsuitable Material");
You are prohibited from embedding the Video Player into any hardware or software application, even for non-commercial purposes. Society reserves the right to prevent embedding to any website or other location that Society finds inappropriate or objectionable (as determined by Society in its sole discretion); and
You may make no use of the Video Player for any commercial use, without the prior written authorization of Society; provided, however, that you may use the Video Player to show Society content on an ad-enabled blog or website, provided the primary purpose of using the Video Player is not to gain advertising or any other form of revenue (e.g. license fees, subscriptions, etc.). Prohibited commercial uses include, without limitation, any use of the Video Player that Society finds, in its sole discretion, to use Society resources or Your Content with the effect of competing with or displacing the market for Society content.
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, D.C., 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 Society is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Society for its respective legal fees, costs, and disbursements if Society is successful.
These Terms and any other operating rules or terms currently posted on the Service constitute the entire agreement between Society 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 Society 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.