TERMS & CONDITIONS
Welcome to the Discovery Kids website ( http://www.dkids.com.au or http://www.dkids.co.nz) (“Site”), one of the family of educational and entertainment-oriented sites brought to you by Discovery Services Australia Pty. Ltd. ("Discovery"), part of the Discovery Communications Inc. group of companies. From this site you may be able to also access other web-sites of the Discovery group (including the Site, together known as the "Discovery Sites").
These terms and conditions ("Terms") are the terms and conditions on which we make the Discovery Sites available to you. By accessing and using these Sites you agree to be bound by these Terms. If you are a minor, be sure to get your parent or legal guardian to review and discuss these Terms with you before you use the Discovery Sites. If you do not accept them, please do not use the Discovery Sites. The Terms do not apply to Discovery's US sites and we recommend that you review the privacy policies and terms and conditions on any such US sites that you visit.
This particular site may not have all of the features discussed in these Terms. Additional terms and conditions may also apply to some services offered on the other Discovery Sites or to particular services offered on this site. Such additional terms and conditions may be found at the place where the service is offered, but are expressly included in these Terms with the exception of terms and conditions applying to competitions.
The Internet is an evolving medium; we reserve the right to make changes to the Terms from time to time in our sole discretion so we encourage you to review the Terms periodically. By continuing to use any of the Discovery Sites after we post any such changes, you accept the Terms as modified.
YOUR USE OF THE DISCOVERY SITES
You agree that you will only use the Discovery Sites in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree to indemnify, defend and hold harmless Discovery and its affiliates, associated companies and related bodies corporate and their officers, directors, employees (the "Discovery Group") and their agents, licensors and suppliers, immediately on demand from and against any and all losses, expenses, damages and costs (including any administrative or technical charges or reasonable legal fees) resulting directly or indirectly from any use by you of the Discovery Sites in breach of these Terms or any activity related to your account or your use of the Discovery Sites, including negligent or wrongful conduct by you or any other person accessing any Discovery Site using your account.
Registration of Accounts
You will be required to register for an account to fully enjoy the features on the Site, including but not limited to the sharing of content on the Site with third parties. You agree to provide true, complete and accurate information about yourself, and shall not select or use a name of another person: (i) with the intention of impersonating that person, (ii) without authorisation, or (iii) in violation of the rights of such person. You are responsible for maintaining the confidentiality of your user name and password and may not allow others to use your log-in details at all times. Should anyone access the Site with your user name and password, you are solely liable for the conduct, activities and behavior in connection with such use, and shall fully indemnify Discovery and its affiliates, and their respective employees, directors, agents and shareholders against any claims, loss or damages suffered in relation thereto. In the event that you discover any unauthorised usage of your name and password, you shall notify Discovery immediately.
Where you register with or log into the Discovery Sites with details of a third-party social media site (“Social Media Sites”), and cross-utilise functionalities of the Social Media Sites with that of the Discovery Sites, you warrant and represent that you shall also adhere to the terms and conditions of the Social Media Sites. In no event shall Discovery assume or have any responsibility or liability for any claims, damages or losses resulting for your breach of the terms and conditions of the Social Media Sites.
OUR INTELLECTUAL PROPERTY RIGHTS
The Internet allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Discovery Sites freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the Discovery Sites are and remain the property of Discovery and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights or the Discovery Sites. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the Discovery Sites or anything retrieved or downloaded from them.
You are free to display and print for your own personal, non-commercial use information you access or receive through the Discovery Sites. But you may not otherwise copy, save, modify, reproduce or republish the Discovery Sites or any of the software or other materials contained on them without our express written permission (except to the extent necessarily required in order for you to use and navigate the Discovery Sites). You may not distribute, transmit or communicate to the public the Discovery Sites or any materials found on them (including copies thereof) in any form (including by email or other electronic means) without our express written permission. You agree not to de-compile, reverse engineer, disassemble, rent, lease, loan, sub-license or create derivative works from the Discovery Sites. Requests for permission to use the Discovery Sites other than as set out above may be sent to the webmaster either by email or at the address below. Of course, you are free to encourage others to access the information themselves on the Discovery Sites, and to tell them how to find it.
We don't want anyone to be confused as to which materials and services are provided by Discovery and which are not. You may not use any trademark or service mark appearing on the Discovery Sites without the prior written consent of the owner of the mark. Discovery, Discovery.com, Discovery Channel, Discovery Channel Online, Discovery Home & Health, Discovery School, Animal Planet, Discovery Turbo, Discovery Science, TLC, Discovery Kids and the Discovery logos, and all of the logos associated with any of the foregoing products and services, are trademarks and/or service marks of Discovery.
LINKING AND FRAMING
We welcome links to the Discovery Sites. You are free to establish a hypertext link to any of the Discovery Sites provided that: (i) you give us prior notice in writing of any such link; (ii) you link only to the home page of the relevant Discovery Site; (iii) you do not remove or obscure any advertisements, copyright notices or other notices on the Discovery Sites; (iv) the link does not state or imply any sponsorship or endorsement of your site by any of the Discovery Sites or Discovery, and (v) you immediately stop providing any links to the Discovery Sites on written notice from us. However, you must check the copyright notice on the relevant Discovery Site to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
You may not frame any of the content of the Discovery Sites, or incorporate into another web-site or other service any intellectual property of Discovery or any of its licensors or as otherwise contained in the Discovery Sites.
THIRD PARTY HYPERLINKS
The Discovery Sites may contain external hyperlinks that will bring you to a third party website (“3rd Party Site”). The appearance of such third party hyperlinks does not in and of itself amount to an endorsement by Discovery and its affiliates of linked 3rd Party Sites, and Discovery is not responsible for the accuracy, completeness and quality of the content, and views expressed on these 3rd Party Sites. As such, Discovery and its affiliates are not responsible for any errors and omissions, and results, outcomes and consequences arising and/or obtained from your use of 3rd Party Sites and the information contained therein. You acknowledge that you are accessing these third party hyperlinks and 3rd Party Sites at your own risk.
CHAT ROOMS, FORUMS AND OTHER MATERIALS POSTED BY YOU
Discovery wants to encourage an open exchange of information and ideas. But we do not review postings made in any chat rooms, forums and other public-posting areas on the Discovery Sites. You can expect these areas to include information and opinions from a variety of individuals and organisations other than Discovery. We do not endorse or guarantee the accuracy, integrity or quality of any posting, advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed, regardless of whether they come from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy scepticism and your own good judgment. Your reliance upon any such posting, advice, opinion, statement, suggestion or information shall be at your sole risk.
Responsibility for what is posted in the chat rooms, forums and other public-posting areas on the Discovery Sites lies with each user - you alone are responsible for material that you post including but not limited to comments, opinions, messages, images, photos, drawings, graphics, profiles, audio-visual records and compositions (“Material”). By using the Discovery Sites, you agree not to post or transmit any Material that is or that in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any Material that infringes on the rights of others (including their intellectual property and moral rights) or contains any virus, trojan horses, disabling code, or other computer programming routine which may interfere with or damage the Discovery Sites or otherwise impinges on the ability of others to use or enjoy the same.
The chat rooms, forums and other public-posting areas on the Discovery Sites are to be used in a non-commercial manner. You agree not to use the Discovery Sites to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind.
If you are below 18 years old, Discovery encourages you to get permission from your parents before using the Discovery Sites and posting or sending personal information about yourself (such as your name or your email address) to us or anyone else. You may not permit any other person to access any features of the Discovery Sites that may require registration using your account. You warrant that all information provided by you when registering to use any chat room, forum or other public posting area on the Discovery Sites is true and accurate in all respects.
By submitting and/or uploading Material to the Discovery Sites, you represent that you are the owner of such Material, or are making your submission with the express consent of the owner. Submitting Material that is the property of another, without the consent of its owner, is not only a violation of these Terms, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
We reserve the right (but assume no obligation) to delete, move or edit any postings and Material that come to our attention that we consider unacceptable or inappropriate, including for any breach of these Terms and Conditions, and whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the Discovery Sites.
By submitting any Material to any of our chat rooms, forums and/or other public-posting areas, you agree that we can use that Material (whether in whole or part) as we see fit and may reproduce, modify and/or distribute the same in any medium and for any purpose. You warrant that all moral rights in any Material that you submit to us have been and are hereby waived.
From time to time, users may post their email addresses in our chat rooms, forums and other public-posting areas. You agree not to gather these email addresses for any purpose, including for the purpose of spamming, that is, sending unsolicited email.
From time to time Discovery may launch competitions on the Discovery Sites. In such a case, an independent and specific set of terms and conditions will apply and a link will be made available to such terms and conditions at the place where users enter the competition.
DISCLAIMER AND EXCLUSION OF LIABILITY
We work hard to make the Discovery Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Discovery Sites.
YOU AGREE THAT YOUR USE OF THE DISCOVERY SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. WHILST WE WILL ENDEAVOUR TO MAINTAIN THE DISCOVERY SITES, WE CANNOT GUARANTEE THAT THEY WILL ALWAYS BE FULLY OPERATIONAL OR ERROR-FREE. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND OR DISCONTINUE THE DISCOVERY SITES, OR ANY PART OF THEM, AT ANY TIME.
THE MATERIAL THAT APPEARS ON THE DISCOVERY SITES IS FOR INFORMATIONAL PURPOSES ONLY. DESPITE OUR EFFORTS TO PROVIDE USEFUL AND ACCURATE INFORMATION, ERRORS MAY APPEAR FROM TIME TO TIME. BEFORE YOU ACT ON INFORMATION YOU HAVE FOUND ON THE DISCOVERY SITES, YOU SHOULD CONFIRM INDEPENDENTLY ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. DISCOVERY AND ITS INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF THE INFORMATION ON THE DISCOVERY SITES. IF YOU RELY ON ANY DISCOVERY SITE OR ANY MATERIAL AVAILABLE THROUGH THE DISCOVERY SITES, YOU DO SO AT YOUR OWN RISK.
THE DISCOVERY SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. , THE DISCOVERY GROUP AND THEIR AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DISCOVERY SITES, NOR DO THEY GUARANTEE THAT THE DISCOVERY SITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE DISCOVERY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE DISCOVERY SITES.
UNDER NO CIRCUMSTANCES SHALL THE DISCOVERY SITES, DISCOVERY, THE DISCOVERY GROUP OR THEIR AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY (EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY ARISING DIRECTLY FROM THEIR OWN NEGLIGENCE), FOR ANY CLAIMS, LOSSES, DEMANDS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE DISCOVERY SITES. THIS EXCLUSION SHALL APPLY TO ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF CONTRACTS OR BUSINESS OPPORTUNITIES, INTERRUPTION OF SERVICES OR LOSS OF DATA, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIABILITY OF THE DISCOVERY GROUP AND THEIR AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DISCOVERY SITES (OTHER THAN FOR DEATH OR PERSONAL INJURY ARISING DIRECTLY OUT OF THEIR OWN NEGLIGENCE) SHALL NOT EXCEED THE AMOUNT YOU PAID TO DISCOVERY FOR THE USE OF THE DISCOVERY SITES.
WITHOUT LIMITATION TO THE FOREGOING, THE DISCOVERY GROUP AND THEIR AGENTS AND LICENSORS ACKNOWLEDGE THAT THE LAWS IN CERTAIN JURISDICTIONS MAY IMPLY WARRANTIES AND CONDITIONS OR IMPOSE OBLIGATIONS ON THE SUPPLY OF GOODS AND SERVICES THROUGH OR BY MEANS OF THE DISCOVERY SITES WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. IF ANY SUCH LAWS APPLY THEN TO THE FULL EXTENT PERMITTED BY THE LAW OF THE RELEVANT JURISDICTION THE DISCOVERY GROUP AND THEIR AGENTS AND LICENSORS LIMIT THEIR LIABLITY AND IF ANY LIABILITY REMAINS IT SHALL BE LIMITED TO ANY ONE OR MORE OF THE FOLLOWING IN THEIR SOLE DISCRETION:
1. IN THE CASE OF ANY GOOD, THE REPLACEMENT OR REPAIR OF THE GOOD, OR THE SUPPLY OF EQUIVALENT GOODS, OR THE PAYMENT OF THE COST REPAIRING OR REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS.
2. IN THE CASE OF ANY SERVICE, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.