Terms of Use
   
Before you can access iPAK, we ask that you read and understand the following Terms of Use. If you agree with these terms, please click the "Accept" button at the bottom of this page.
 

1. General

    1. The iPAK World Wide Web site is operated by Discovery Networks, a unit of Discovery Communications, Inc. ("DCI"). Access to iPAK is available to Discovery Networks’ cable affiliates and other authorized users ("Users") through a membership account ("Account").
    2. Please read this document carefully. This User Agreement and any rules and conditions specified on screen on iPAK (the "Subscriber Conditions") constitute the rules which apply to your use of iPAK.
    3. By using iPAK, you agree to comply with the iPAK rules. If you do not wish to be bound by them, you may not continue to use iPAK.

1.2.1a Except as authorized pursuant to Section 2.4 of this Agreement, User shall not, for a commercial purpose, (i) upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit, any information, software or other material (including, but not limited to, articles, photographs, images, illustrations, trademarks, logos, audio clips and video clips) (hereinafter "Content") obtained through iPAK; (ii) upload, post, reproduce, or distribute, in any way, Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner or right holder; or (iii) modify, rent, lease, loan, sell, distribute or create derivative works based on iPAK, in whole or in part. User may upload to the software files or otherwise distribute on iPAK only public domain Content, or Content in which the author has given express authorization for online distribution. User acknowledges that iPAK contains copyrighted material, trademarks, trade secrets and other proprietary and confidential information and material, and that these rights are valid and protected in all forms and media. The entire contents of iPAK are copyrighted as a collective work under the U.S. Copyright laws.

1.4 DCI may modify its rules at any time and in any manner. Any modification is effective immediately upon either a posting on iPAK, electronic mail, or conventional mail. If any modification to the iPAK rules is unacceptable to you, you may immediately terminate your Account as provided in Section 6 below. Your continued use of iPAK following notice of any modification to the iPAK rules shall be conclusively deemed as acceptance of all such modification(s).

1.5 The Discovery Networks’ iPAK User Agreement and the Subscription Conditions together will constitute the entire and only agreement between DCI and User with respect to iPAK. DCI may discontinue or revise any aspect of iPAK, including, but not limited to, restricting (i) the time of availability, (ii) the availability and/or scope of iPAK for certain platforms (i.e. computer types and operating systems), (iii) the amount of use permitted, and (iv) restricting or terminating any User’s right to use iPAK, at DCI’s sole discretion and without prior notice or liability.

  1. User Responsibilities
    1. Equipment. User is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access iPAK.
    2. Accounts.
    1. Each User is responsible for the use of his/her account(s) under any screen name on that account by any person, and for ensuring full compliance with the iPAK rules by all users of his/her account(s). An iPAK account may not be transferred without prior written approval from DCI and is subject to any limits established by DCI.

(b) User is responsible for maintaining the confidentiality of his/her passwords. User’s password(s) may not be shared. User is responsible for all activities resulting from use of User’s account with iPAK.

    1. Online Conduct.

(a) Any conduct by a User that in DCI’s sole discretion restricts or inhibits any other User from using and enjoying iPAK will not be permitted. User agrees to use iPAK only for lawful purposes. User is expressly prohibited from posting or transmitting on or through iPAK any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

    1. Except as authorized pursuant to Section 2.4 of this Agreement, User shall not, for a commercial purpose, (i) upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit, any information, software or other material (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips) (hereinafter "Content") obtained through iPAK; (ii) upload, post, reproduce, or distribute, in any way, Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner or right holder; or (iii) modify, rent, lease, loan, sell, distribute or create derivative works based on iPAK, in whole or in part. User may upload to the software files or otherwise distribute on iPAK only public domain Content, or Content in which the author has given express authorization for online distribution. User acknowledges that iPAK contains copyrighted material, trademarks, trade secrets and other proprietary and confidential information and material, and that these rights are valid and protected in all forms and media. The entire contents of iPAK are copyrighted as a collective work under the U.S. Copyright laws.

2.3.1 DCI reserves the right at its sole discretion to review, edit, remove, modify or refuse to post any Content, material or information submitted for display or posted on iPAK. DCI reserves the right to remove any content that it deems in its sole discretion to be unacceptable, undesirable, or in violation of these rules. DCI may terminate immediately without notice any User who misuses or fails to abide by these rules.

(c) The foregoing provisions of 2.3 are for the benefit of DCI and its third party information providers and licensors and each shall have the right to assert and enforce such provision directly on its own behalf.

2.4 Permissible Uses of iPAK Content. User may download or copy downloadable Content displayed on the IPAK website for use only to promote Discovery Networks, to promote User as a cable affiliate of Discovery Networks, or to sell local advertising on Discovery Networks. Such Content may not be edited, altered or used for any other purpose. All copyright notices and credits must appear in any use made by User of such Content, and User shall abide by any information or restrictions contained in any Content.

  1. DCI’s Rights

    2. 3.1 Enforcement of Rules. DCI may elect to electronically monitor any areas (e.g., forums and bulletin boards) for adherence to the iPAK rules and may disclose any content or records to satisfy any law, regulation or other governmental request or to properly operate iPAK and protect its members. DCI reserves the right at its sole discretion to review, edit, remove, modify or refuse to post any material or information submitted for display or posted on iPAK. DCI reserves the right to remove any content that it deems in its sole discretion to be unacceptable, undesirable, or in violation of the iPAK rules. DCI may terminate immediately without notice any User who misuses or fails to abide by the applicable iPAK rules.

    3.2 Access and Availability of Links. iPAK may contain links to other related World Wide Web Internet sites, resources and sponsors of iPAK. DCI is not responsible for the availability of these outside resources or for their contents.

  2. Limitation of Liability and Disclaimer of Warranty

4.1 USER EXPRESSLY AGREES THAT USE OF iPAK IS AT USER’S SOLE RISK. NEITHER DCI, ITS EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT iPAK WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF iPAK, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH iPAK.

4.2 iPAK AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DCI, ANY OF ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

4.3 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DCI, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING iPAK, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE iPAK; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DCI’S RECORD’S, PROGRAMS OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT ON iPAK.

5. Indemnification

5.1 User agrees to defend, indemnify and hold harmless DCI from any claims and expenses, including reasonable attorney’s fees, related to any violation of the iPAK rules by use of User’s account(s) or sub-account(s), or in connection with the placement or transmission of any message, information, software or other content on iPAK, or arising out of User’s use of any iPAK Content in violation of the iPAK rules.

6. Termination

6.1 Either User or DCI may terminate this Agreement at any time. User’s only right with respect to any dissatisfaction with any terms, rules, policies, guidelines or practices of DCI in operating iPAK or any change in the content of iPAK, is to terminate User’s account by delivering notice to DCI, effective the day DCI receives notification of termination or any future date specified which is acceptable to DCI.

6.2 DCI may terminate User’s account(s), or suspend User’s access to all or part of iPAK, without notice, for any conduct or activities that DCI in its sole discretion believes interferes with other Users’ enjoyment or use of iPAK, or is harmful to other Users, third party information or content providers, licensors, service providers or DCI’s interests.

6.3 Termination of membership automatically terminates service to any and all other designated users in User’s account(s) or sub-account(s). Sections 4, 5 and 7 shall survive the termination of this Agreement.

7. Miscellaneous

7.1 Construction. In the event that any portion of this Agreement or any other of the iPAK rules is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the rules shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the rules.

7.2 No Implied Waiver/Modification. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the iPAK rules shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provisions of the iPAK rules.

7.3 Applicable Law. The iPAK rules shall be construed and enforced in accordance with the laws of the State of Maryland, without reference to the choice of law principles thereof.

 
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