Terms of Service

TERMS OF SERVICE

I. Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NATIONAL GEOGRAPHIC ("National Geographic") governing your participation in the EdNet Community and your use of this site www.ngsednet.org (the "Site"). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. National Geographic reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on 20 May 2005.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

II. Registration

In order to use the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself and your educational institution as prompted by the Site registration form (such information being the "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 National Geographic Education Network 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 National Geographic from any loss or damage arising from unauthorized use of your password or user name.

By using the Site, you consent to the collection of your data, including, without limitation, Registration Data, by National Geographic and processing of such data by National Geographic in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, your 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.

You represent and warrant to National Geographic that (a) you have all rights necessary to provide and modify the information and data, if any, that you upload to the Site, and that such data does not infringe the intellectual property rights of any third party; (b) use of the Site by you will not interfere with or disrupt the Site or servers or networks connected to the Site; (c) you will not upload, post, email, transmit or otherwise make available any material 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; (d) you have the full power, authority and right to or have been authorized to enter into transactions and execute licenses; and (e) you will not circumvent or disable any security or data-protection measures implemented by National Geographic.

III. Intellectual Property Issues

National Geographic owns the Site. All of the content featured or displayed on the Site, 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 National Geographic. 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:

1. That you may only download Content that National Geographic designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.

2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from National Geographic, unless such use is pursuant to the section with the heading Educational Use of Content, below, of this agreement.

3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.

4. To refrain from framing or mirroring any portion of the Site, and to link to the Site only in accordance with our linking policy, located at the following URL: http://www.nationalgeographic.com/linking.html.

5. That by posting or submitting any text or other materials to the Site you grant National Geographic a royalty-free, permanent license for the worldwide use and/or sublicense of such materials on the site and permission for users of the Site to download the material for personal noncommercial use.

6. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site 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:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and e-mail address;
e. 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
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you own the copyright or are authorized to act on the copyright owner's behalf.

National Geographic's designated agent for notice of claims of copyright infringement on the Site is its Executive Vice President of Law, Business and Governmental Affairs who can be reached as follows:

By mail:
Terrence B. Adamson
Executive Vice President, Law, Business and Governmental Affairs
NGT Library, Inc.
1145 Seventeenth Street, NW
Washington, DC 20036-4688

By phone: +1-202-857-7000


By e-mail: infringementnotice@nationalgeographic.com

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.

IV. Educational Use of Content

With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the userís particular educational institution and may under no circumstances be used for commercial purposes.

Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.

V. Shopping

You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to National Geographic in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.

NATIONAL GEOGRAPHIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that National Geographic's sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL NATIONAL GEOGRAPHIC, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, TRAVEL AND TOURS.

All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.

VI. Liability

The Site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

You acknowledge that due to the immediate nature of this medium, National Geographic does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. National Geographic will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.

The Site may provide, or third parties may provide, links to other sites or resources. Because National Geographic has no control over such sites and resources, you acknowledge and agree that National Geographic 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 National Geographic 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.

VII. User Conduct

National Geographic wants to encourage an open exchange of information and ideas, but National Geographic cannot and does not review every posting made in chat rooms, forums and other public posting areas. You can expect these areas to include information and opinions from a variety of individuals and organizations other than National Geographic. National Geographic neither endorses nor guarantees 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 its staff. There is no substitute for healthy skepticism and your own good judgement.

Responsibility for what is posted in chat rooms, forums, and other public posting areas on the Site lies with each user: you alone are responsible for material you post. By using the Site, you agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights of others. You may not post anonymously, post under more than one name or impersonate any other person. You may permit no person (other than an agent working on your behalf and subject to your supervision) to access, using your account, any features of the Site that may require registration. Users may post a single message to no more than fives areas of the Site, or post any message to any area of the Site if that message is, in National Geographic's view off-topic.

Although National Geographic cannot monitor all the postings in the chat rooms, forums, and other public areas, National Geographic reserves the right (but assumes no obligation) to delete, move or edit any postings that come to its attention that National Geographic considers unacceptable or inappropriate, whether for legal or other reasons. National Geographic will not in the ordinary course of business, review private electronic messages that are not addressed to it or members of its staff. However, National Geographic will comply with any applicable legal requirements regarding disclosure of such messages to others, including law enforcement agencies.

You agree to assume full and sole responsibility for any postings you make to the Site. National Geographic expects that you will not use the service to violate anyone's copyright, trademark, intellectual property, or other rights. By submitting material to the Site, you are representing that you are the owner of the material, or that you have obtained any permissions or releases necessary to ensure that posting the material neither violates the rights of any person or entity nor creates any liability for the Site. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, or profane. You agree not to post or transmit through the Site any material that encourages criminal conduct or that may give rise to civil liability. You agree not to post or transmit through the Site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by National Geographic to do so. From time to time users post their email addresses in our chat rooms, forums, and other public-posting areas. You agree not to gather these email addresses for purposes of spamming, (sending unsolicited email).

Conduct by any user that, at the discretion of National Geographic, restricts or inhibits any other user from using or enjoying the Site will not be permitted. National Geographic reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.

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, NATIONAL GEOGRAPHIC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

VIII. Indemnification

You agree to indemnify, defend, and hold harmless National Geographic; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. National Geographic 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 National Geographic in asserting any available defenses.

IX. Miscellaneous

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, and 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-U.S. 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.

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 Site, 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.

© 2003 National Geographic Society. All rights reserved.