Effective and revised as of November 8, 2010
Copyright © 2009, explore Annenberg LLC ALL RIGHTS RESERVED.
OWNERSHIP. The Site is owned and operated by and, other than Submissions (as defined below), is the copyrighted property of explore. Notwithstanding the foregoing, portions of the content found on the Site may be owned by third-parties and is the copyrighted work of that third-party. In addition, the trademarks, logos and service marks displayed on the Site (collectively, the "Trademarks") are the registered and common law trademarks of explore, its parent, affiliates, and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of explore or such other party that may own the Trademark.
CHILDREN’S INFORMATION. We believe every precaution must be taken to protect children online. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we do not knowingly ask children for any information, nor do we knowingly collect personally identifiable information from children.
REGISTRATION. In order to use certain portion of the Site, you must become a registered user of the Site. If you elect to become a registered user to utilize the Site and/or participate in any explore promotions, you will be asked to provide your first and last name, email address, birth date or birth year and you will need to select a username and password. Alternatively, explore allows you to become a registered user by using an account you already hold at a third-party website and importing you existing account information at such third-party website to register you as an explore registered user.
Whether you register for explore on the Site or through a third-party website, you agree that the username used to log-in to explore is the property of explore, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an explore user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.
You are solely responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations or otherwise.
When becoming a registered user, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the explore registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or explore has reasonable grounds to suspect that such is the case, explore has the right to suspend or terminate your account and refuse any and all current or future use of the explore Site and/or services thereon (or any portion thereof).
PROFILE PAGE. When you register for an account with the Site, a profile page will automatically be created for you and certain Registration Data will automatically be pre-populated in your profile page, including user name, the date you registered as an explore user, and last log on date. You may choose to add information (such as interests, quotes and keyword tags) to or delete certain information from your profile page, but your user name, the date you registered as an explore user and your last log on date are required information for your profile page. Your profile page will also automatically display the materials you have uploaded or otherwise submitted via the Site. We may also ask you a series of questions, many of which are optional, regarding your interests that will allow other users to search for people with common interests. Please note that your profile page (including any messages that may have been left for you) may be viewed by other registered users, so you should not include any information in your profile page that you do not want others to see.
USE OF SITE; SUBMISSIONS. You may only use the Site to browse the content, make inquiries of explore, post content including without limitation comment on the content of the Site, blog, post images, embed videos, post links on social media sites, send a link from the Site to a friend and make other Submission (as defined below), sign-up for explore's newsletters or other communications from explore, and contact and donate to explore featured non-profit organizations when the contact information is provided. The Site and the content provided in the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of explore or its third-party providers, except that you may download, display and print one copy of the materials presented on the Site on a single computer for your personal, non-commercial use only. You may "deep-link" to our video content and photography and you may "embed" or use analogous technology to include our content in your content. When enabled, you may (a) download videos or (b) download our photography as wallpaper or (c) embed our explore-branded player on your website or within your blog. When you exercise these rights, you must not violate applicable copyright, trademark or other intellectual property laws or other laws. When you make your personal copy, or other copies using these technologies, you must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. Except as permitted above, the use of such materials in any other manner is prohibited. The term "Submissions" means all comments, blog posts, forums, comments, threads, feedback, suggestions, photos, videos, e-mail and similar information or materials that you submit to explore. Submissions will not be confidential. All Submissions are subject to and must comply with explore's Community Guidelines found at www.explore.org/community. Each user is solely responsible for his or her Submissions. You may not post, transmit, or share any Submissions that would infringe or violate the rights of third-parties. In furtherance of the foregoing, you represent and warrant that by submitting your Submission you will not be infringing on any other personís copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights.
explore does not control the Submissions posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of any Submission. explore does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and explore expressly disclaims any and all liability in connection with any Submission. You understand that by accessing the Site and using the Service, you may be exposed to Submissions that are offensive, indecent or objectionable. explore does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and explore will remove all Submission if properly notified that such Submission infringes on another's intellectual property rights. All Submission are made available "AS IS" and may not be copied, reproduced, distributed, or otherwise exploited in any manner other than as intended by the normal functionality of the Site.
COMMUNITY STANDARDS AND USER CONDUCT. You acknowledge that each Submission, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Submission originated. This means that you are entirely responsible for any Submission that you post, email, or otherwise transmit to or via the Site. You agree to not use the Site to: Upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; Harm minors in any way; Impersonate any person or entity, including, but not limited to, an explore staff person, forum or blog leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Site; Solicit other users of the Site to join or become members of any online or other service; Upload, post, email or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; Upload, post, email or otherwise transmit 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; Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; Interfere with or disrupt the Site or the services offered on the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks or third-party providers connected to the Site, or providing any services on or to the Site; "Stalk" or otherwise harass another member or user of the Site; or Collect or store personal data about other users.
In addition, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of explore. Such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site. We may ban a user that is offensive or problematic in their use of the site.
DIGITAL MILLENNIUM Copyright Act Agent. explore respects the intellectual property rights of others, and requires that the people who use the Site do the same. In accordance with the Digital Millennium Copyright Act, explore will terminate, in appropriate circumstances and in exploreís sole discretion, users who explore finds to repeatedly infringe on the rights or others. If we remove or disable access in response to a copyright infringement notice, explore will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
explore Annenberg, LLC
2000 Avenue of the Stars, Suite 1000
Los Angeles, CA 90067
For clarity, only copyright infringement notices should go to this above e-mail address. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
Counter notice: If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
GENERAL TERMS AND RULES FOR SPECIALS, PROMOTIONS, SWEEPSTAKES, CONTESTS, POLLS AND SURVEYS
EXCLUSION OF WARRANTY. EXPLORE AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. EXPLORE AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THE SITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. EXPLORE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THE SITE OR THE EXPLORE COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on the Site the latest developments relating to our content and other information about explore, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Site. Each person assumes full responsibility and all risks arising from use of the Site or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. explore may make additions, deletions, or modifications to the Information at any time without any prior notification.
LIMITATION OF LIABILITY. EXPLORE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL EXPLORE OR ANY THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THE SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY EXPLORE OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
INDEMNIFICATION. You shall defend and indemnify explore and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of the Site.
ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
ADDITIONAL TERMS. Additional terms and conditions may apply to various uses of portions of the Site, and you agree to abide by such other terms and conditions. SEVERABILITY. These terms and conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.
HOW TO CONTACT US. If you have any comments or questions, please do not hesitate to contact us at firstname.lastname@example.org, at the phone number above or write us at the address provided.
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