IMPORTANT - READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT
OR ACCESSING THE CONTENT ON THIS WEBSITE. BY ACCESSING THE PRODUCT
AND/OR THE CONTENT CONTAINED THEREIN, YOU ACKNOWLEDGE AND REPRESENT
THAT YOU ARE
AN AUTHORIZED USER; THAT YOU HAVE READ THIS AGREEMENT; THAT YOU
UNDERSTAND IT; AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
DEFINITIONS
Content: All the search pages, indexes, databases, individual blackline
masters and teachers' guide pages, online help, video, text, still
images, audio materials and all other content provided by Discovery Education
or
hosted on the Website or otherwise offered in connection with the
Product.
Community: The territory covered by the Subscriber’s license.
Fees: The fees payable by Subscriber to Discovery Education in
consideration for the licenses contained herein.
Product: The Discovery Education™ service that provides educational video,
text, still images and audio materials to members of the educational
industry through streaming and downloadable technology delivered
via the Internet
or a secured Intranet site.
Student: An individual who is enrolled in or attends classes in
the Community.
Subscriber: The school district or other school governing body
that has obtained a license on behalf of the Users in the Community
to access and use the Product for educational or research purposes during
the Term.
Subscriber Agreement: The Agreement under which Subscriber has
obtained a right on behalf of its Users to access the Product and
the Content.
Term: The period of time for which Subscriber has obtained a license
on behalf of its Users to access the Product and the Content.
Discovery Education: Discovery Enterprises, LLC, the owner of the
Product.
User: Subscriber; an educator, administrator or Student in the
Community.
Website: The website located at www..
Grant of License. For the Term of the Subscriber Agreement
(provided that, if User is a Student, User remains a Student), Discovery
Education grants to User a limited, non-exclusive, revocable license to
access the Product via the Website or other means that Discovery Education
may set forth from time to time, and to download, use, reproduce and edit
the Content in accordance with the terms of this Agreement. This license
may not be transferred to third parties, nor may User allow an unauthorized
third party to gain access to the Product, the Content or any Log-In Information
(as defined in Section 2 below). Without limiting any other provisions
in this Agreement, any violation of this provision constitutes a breach
of this Agreement, and grounds for immediate termination by Discovery
Education.
Log-In Information. User has been provided with
a valid username, password, passcode and IP authentication number
for the purpose of accessing the Product and the Content (the “Log-In
Information”). All Log-In Information must be kept confidential,
and may only be used by User. The unauthorized use of any Log-In
Information, either with or without User’s knowledge, shall
be deemed a breach of this Agreement, and may constitute a violation
of Discovery Education’s copyrights. User is responsible for
maintaining the security and confidentiality of all Log-In Information,
and for preventing access to the Product and/or the Content by unauthorized
persons. Unauthorized access to or use of the Product and/or the
Content by someone using User’s Log-In information may be
attributed to User.
User Agreement. Discovery Education may from
time to time make amendments to this Agreement. Such amendments
will become effective when Discovery Education posts an updated
User Agreement on the Website, or when Discovery Education otherwise
provides notice to User of any amendments. User is responsible for
periodically checking the posted User Agreement for updates, and
User shall be bound by the terms of the User Agreement posted on
the Website at the time of User’s Website access. Any amended
User Agreement shall supersede the previous version of the User
Agreement.
Communications from Discovery Education. Discovery
Education will periodically contact User for customer service purposes,
including without limitation by providing Product information (such
as Product updates and Content changes) and Product integration
ideas. By accessing the Product and the Content, User consents to
receive such communications.
Conditions Regarding Use of the Content.
Content Shall Be Used
for Education Purposes Only. The Product and
the Content may be used for bona fide educational
and research purposes only. In no event shall
the Content be used in any commercial or for-profit
manner (including without limitation as part of
any public exhibitions where an admission fee
is charged for viewing) without Discovery Education’s
advance written permission. In no event shall
the Product or the Content be used outside of
the scope of this Agreement, or be used beyond
the Term of this Agreement, except for Student
Projects (as defined in Section 5(e) below).
Original Intent
and Purpose of Content. User agrees to maintain the original
intent of all Content. For clarity of purpose, this means
that the Content should not be used in a manner that disparages
the Content or Discovery Education, or in any manner that
may be deemed inappropriate by Discovery Education in its
sole discretion.
Security of the Content
and the Website. User shall not take any actions, whether
intentional or unintentional, that may circumvent, disable,
damage or impair the Product’s control or security
systems, nor allow or assist a third party to do so. This
prohibition includes but is not limited to hacking, de-compiling,
disassembling and reverse-engineering the Website or the
Content.
Content Displayed on the Website. User shall not remove,
obscure or alter the Content, or the Website itself, and shall
not combine or merge the Content with any other programs or
content, except as expressly permitted in this Agreement. User
shall not sub-license, distribute, rent, lease, transfer or
otherwise make the Content available to any third party, or
make the Content accessible to any party by broadcast or transmission,
including without limitation by television, cable, satellite,
telephony, wireless, closed-circuit or Internet broadcasting,
or use the Content for systematic downloading, service bureau
redistribution services, printing for fee-for-service purposes
and/or the making of print or electronic copies for transmission
to non-subscribers, except as expressly permitted in this Agreement.
For the avoidance of doubt, all provisions of this Agreement
relating to the Content shall also govern Content that is edited
in accordance with this Agreement.
Student Projects. Student Users may use the Content
in a bona fide educational or research project created by such
Student User (each, a “Student Project”) beyond
the Term of the Subscriber Agreement, on the following conditions:
that the Student’s access to the Content was and will
continue to be in accordance with the terms and conditions of
this Agreement; and provided that the Student Project is used
by the Student User only for non-commercial, personal use. In
no event shall a Student User reproduce his/her Student Project,
or distribute his/her Student Project to any third party, except
that a Student User may display a Student Project for portfolio
purposes. The portion of the project that contains Content shall
at all times remain the sole and exclusive property of Discovery
Education.
Content Format May Not Be Converted. Under
no circumstances may a User convert the Content from digital
to analog format, such as by recording a video clip onto a VHS
videotape. Violation of this Section 6 may constitute copyright
infringement.
Permitted Uses of Content.
Videos and Video
Stills. User may download only the video clips designated
on the Website as downloadable. User may freeze a video clip
in order to view a video still, provided that User uses presentation
or multimedia software such as or substantially similar to
PowerPoint, Microsoft Word, HyperStudio, Corel WordPerfect,
AppleWorks, DreamWeaver, Corel WordPerfect, Microsoft FrontPage,
Claris HomePage, KidPix Studio Deluxe and Teach4Learning’s
Media Blender, and further provided that the presentation or
multimedia software license allows for such use. User may also
project a frozen video image or still image using Smartboard™ or
a similarly designed display device. User may edit, and incorporate
into third-party video editing software for editing purposes,
those videos designated with a movie clapboard icon, including
by shortening such videos, by changing the audio content or
the footage of such videos and/or by adding text and/or other
content to such videos. Videos without a movie clapboard icon
may not be edited or altered in any way, and may not be incorporated
into or used in connection with any video editing/production
software. Under no circumstances may User print, copy or otherwise
reproduce a video or video still image into any media format
that is not expressly permitted by this Agreement, including
but not limited to converting any video from digital to analog
format.
Ancillary Materials. The Content may include certain
ancillary educational materials, such as student activity
sheets, blackline masters and teachers’ guides (“Ancillary
Materials”). User may modify, alter and revise the
Ancillary Materials to meet specific instructional needs,
provided that the following statement is prominently displayed
on all such revised Ancillary Materials, in addition to any
other proprietary notices, and with the understanding that
Discovery Education shall continue to own the Ancillary Materials:
"
Revised with the permission of Discovery Education. Discovery
Education is not responsible for the content or accuracy
of the revision.”
Distance Learning. Some Content on the Website may
be designated as approved for distance learning. User may
use the distance-learning content to create distance-learning
applications such as Web pages, or may use the distance-learning
content in connection with online distance-learning software,
such as Blackboard; provided that the Content is at all times
kept on a secured server, viewable only by Users having permission
to access the Content, and hosted on a website or website
application that is protected by a secure control system.
Only bona fide Users are to be allowed access to the Content;
no “visitors” shall be allowed to view or access
the Content. Content may remain uploaded as provided above
for the Term of the Subscriber Agreement. Notwithstanding
the foregoing, in some circumstances, for security purposes,
Content will only be available via streaming from Discovery
Education’s servers.
Images. User may incorporate images from the Product’s
image library into multimedia productions, print productions
and broadcasting projects (i.e., closed-circuit television
or cable television), which may be viewed by both Users and
non-Users, provided that the images may not be altered, nor
used for any commercial purpose.
Attribution and Citations. User shall maintain
all proprietary notices on the Content, and shall include proper
citation information for all Content used in any end product.
Watermarks, title names and producer information within video
content may not be edited, removed or obstructed. Reference to
Discovery Education as the source of the Content is required
for all Content including video clips, video stills, images and
Ancillary Materials. User shall ensure that the Discovery Education™ name
and logo shall be prominently displayed on all User materials.
Examples of proper citation format for video and image
are as follows:
MLA Example for Video:
Danny and the Dinosaur. By Syd Hoff. Weston Woods,
1990. Discovery Enterprises, LLC. 30 Nov. 2001 <http://www.>
APA Example for Video:
Syd Hoff (Author) & Weston Woods (Publisher). (1990).
Danny and the
Dinosaur [Motion Picture, streaming video]. Retrieved
April 3, 2002,
from Discovery Enterprises, LLC: http://www.
MLA Example for an Image:
Name of the Image. By Paul Fuqua. 2003. Discovery Enterprises,
LLC. 01 Jan. 2003 < http://www.>
APA Example for an Image:
Fuqua, Paul (2003). Name of the image [Image]. Retrieved
January 1, 2003, from Discovery Enterprises, LLC: http://www.
Other examples of proper citation for K-12 schools
can be found at http://www.landmark-project.com/citation_machine/index.php.
Ownership; Copyrights And Trademarks.
Ownership
of Content: User acknowledges that as between User
and Discovery Education, ownership in and to the Product,
the Website and the Content, including
but not limited to video, text, still images and audio materials, and all intellectual
property or other proprietary rights therein, shall remain with Discovery Education.
Without limiting any other legal rights or remedies Discovery Education may have,
User agrees that any and all use of the Content by User is governed by and shall
be in compliance with United States trademark and copyright laws. Nothing in
this Agreement shall be construed to give User ownership in the Product, the
Website or the Content. User acknowledges that User has no right to use the Content
other than as set forth in this Agreement. All rights not expressly granted are
reserved to Discovery Education.
Student Projects. Students may own the portion of the Student Project that
is severable from
the Content.
Reporting Infringement. By subscribing to, accessing
and/or using the Product, Users agree to report to Discovery
Education all claims or suspected claims of copyright or
other infringement of Discovery Education’s intellectual
property or other proprietary rights. Claims of infringement
should be directed to Discovery Education’s VP of Product
Development at One Discovery Place, Silver Spring, Maryland
20910.
Termination and Effect of Termination.
Termination. This Agreement will become
effective upon acceptance of this Agreement by User clicking
the "I ACCEPT" button, and this Agreement will remain
in effect for as long the underlying Subscriber Agreement remains
in effect. Discovery Education may terminate this Agreement
immediately if: (i) the underlying Subscriber Agreement is terminated
in accordance with its terms; (ii) User violates this Agreement;
(iii) Discovery Education believes in good faith that User’s
conduct violates or may violate applicable law; or (iv) Discovery
Education believes in good faith that the conduct of User is
harmful to the interests of Discovery Education or other subscribers
or users. These termination rights are in addition to and separate
from the termination rights that Discovery Education has under
the Subscriber Agreement.
Effect of Expiration or Termination. Upon
expiration or prior termination of this Agreement, and except
for the continuing uses permitted under Section 6 above (where
those uses are not made inapplicable by the circumstances
under which the underlying Subscriber Agreement is terminated),
all rights granted herein shall terminate and revert to Discovery
Education; all Content must be erased or deleted from any
storage devices, including but not limited to servers, hard
drives, CDs or Zip disks; and all access to and use of Product,
the Website and the Content must cease. Users must immediately
remove, delete and/or destroy all Content except as may be
specifically allowed in this Agreement (where those uses
are not made inapplicable by the circumstances under which
the underlying Subscriber Agreement is terminated). In no
event shall any ownership rights in or to the Product, the
Website or the Content be transferred to the Subscriber or
its Users. All benefits in and to the Product, the Website
and the Content shall inure to Discovery Education.
User Warranties. By accessing
the Product and/or using the Content, User warrants as follows:
(i) User will comply with the Agreement, as it may be amended pursuant
to Section 3 above; (ii) any materials User may merge with the Content,
or any revision that User may make to the Content, as permitted
by this Agreement, do not and will not contain any libelous, unlawful
or infringing materials or content, and will not infringe upon any
party’s proprietary rights, including but not limited to statutory
or common-law copyright, trademark and right of privacy; (iii) the
Product and the Content shall not be modified or altered except
as specifically allowed in this Agreement; (iv) all copyright, trademark
and proprietary notices included with, attached to or embedded in
the Product or the Content will be maintained without modification,
obstruction or deletion, including but not limited to proper attribution
to Discovery Education as the owner of the Product and the source
of the Content; and (v) all Log-In Information shall be maintained
confidentially.
Disclaimer
Of Warranties; Limitation of Liability. THE
PRODUCT AND THE CONTENT ARE PROVIDED AS IS,
AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT,
WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE
OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SECURITY
AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS
AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED
BY LAW. UNITED LEARNING DOES NOT GUARANTEE
OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR ACCURACY OF THE PRODUCT OR THE CONTENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY UNITED LEARNING OR ITS EMPLOYEES SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF UNITED LEARNING’S OBLIGATIONS HEREUNDER,
AND USER MAY NOT RELY ON ANY SUCH INFORMATION
OR ADVICE. LIABILITY FOR ALL CLAIMS ARISING
HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE,
SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR
PAYABLE BY SUBSCRIBER TO UNITED LEARNING UNDER
THIS AGREEMENT DURING THE TWELVE (12) MONTHS
PRECEDING THE CLAIM. IN NO EVENT SHALL UNITED
LEARNING BE LIABLE FOR ANY LOST DATA, LOST
PROFITS, BUSINESS INTERRUPTION, REPLACEMENT
SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THEORY OF LIABILITY.
Miscellaneous.
Law. This Agreement shall be construed and enforced under
the laws of the State of Maryland, USA without reference to the
choice of law principles thereof. User hereby consents to and submits
to the jurisdiction of the federal and state courts located in
the State of Maryland. User waives any defenses based upon lack
of personal jurisdiction or venue, or inconvenient forum.
Severability. If any provision herein is unenforceable,
then such provision shall be of no effect on any other provision
hereof.
Waiver. No waiver
of any breach hereof shall be deemed a waiver of any other
breach hereof.
Remedies. Rights and remedies granted hereunder are cumulative.
The exercise of one shall not diminish or affect any other rights
or remedies at law or in equity. User’s sole remedy under
this Agreement shall be an action at law for damages; User shall
not be entitled to equitable relief.
Surviving Obligations. Each party’s representations,
warranties, indemnities and confidentiality obligations and the
provisions regarding ownership of intellectual property shall survive
the expiration or prior termination of this Agreement.
Controlling
Language. User agrees that this Agreement has been written
in the English language, and all provisions of this Agreement
shall be construed and interpreted in the English language as
commonly used in the United States of America.
