Project Discovery, Inc.
(Project Discovery, Inc.), Site Usage - Privacy Statement
By using
this site and/or downloading any material, you agree to be bound by this
Agreement.
This agreement applies
to you, and if you are using this web site on your employer's behalf,
to you and your employer. Project Discovery, Inc. reserves the right to change this Agreement
from time to time at its sole discretion, and your use of the site will
be subject to the most current version posted on the site at the time
of your use. If you do not wish to be bound by this Agreement, do not
accept this Agreement and do not use this site or download or use,copy,use
any Images.
Unauthorized
Use
Without limitation, Images may not be used as a trademark or service mark,
or for any pornographic use, unlawful purpose or use, or to defame any
person, or to violate any person's right of privacy or publicity, or to
infringe upon any copyright, trade name, trademark, or service mark of
any person/entity. Unauthorized use of these Images constitutes copyright
infringement and shall entitle Project Discovery, Inc. to exercise all rights and remedies
under applicable copyright law, including an injunction preventing further
use and monetary damages against all users and beneficiaries of the use
of such Images. The foregoing is not a limiting statement of Project Discovery, Inc.' rights
or remedies in connection with any unauthorized use.
Permitted Use of this Site
This site is owned and operated by Project Discovery, Inc. Corporation. All
images and related informational materials in any medium furnished by
Project Discovery, Inc. hereunder, including related text, captions, or information (collectively
referred to as "Images") are owned by Project Discovery, Inc. or our Image providers.
All Images are protected by US and international copyright laws.
This site contains both Images that depict a visible watermark ("Watermarked
Images") and Images that do not contain a visible watermark ("Non-Watermarked
Images"). Project Discovery, Inc. allows you to search for, view Images only as permitted
below. If you have registered for a Project Discovery, Inc. account and Project Discovery, Inc. has approved your
registration, you may be able to access Non-Watermarked Images, which
shall be used only as permitted below. You may not remove any copyright
or other proprietary notices contained in the Images, caption information,
or any other material on this site. Project Discovery, Inc. reserves the right to revoke your
authorization to view, download and use the Images and information available
on this site at any time, and you agree to immediately discontinue your
such use upon written notice from Project Discovery, Inc.. All rights not specifically granted
under this Agreement are reserved to Project Discovery, Inc.. Additionally, you may not employ
software to "crawl" or search our web site and/or retrieve Images
or related information.
Project Discovery, Inc. may immediately terminate all licenses granted to you without notice
if you fail to comply with any provision of this agreement or with Project Discovery, Inc.'
Standard Terms and Conditions applicable to your use. If a license is
terminated, you agree to immediately (i) stop using this site and the
Images, (ii) delete all Images and all copies from all magnetic media
and destroy all other copies, or at Project Discovery, Inc.' request return all such copies
to Project Discovery, Inc.. Your use of this site and any Images shall comply with all applicable
law. Project Discovery, Inc. may restrict or remove your access to this site at any time,
or restrict or remove the use of any Image for any reason, and may replace
the Image with another Image, and you agree to immediately discontinue
all use of the Image upon notification from Project Discovery, Inc..
Despite our efforts to provide accurate information, this site may contain
technical or other mistakes, inaccuracies or typographical errors. Additionally,
this site and any Images may include historically and culturally important
images and text that may contain subjects that reflect the social attitudes
and circumstances of a particular time or location.
As a convenience, our site may link to other sites that may be of interest
to you but are not under Project Discovery, Inc.' control. These links do not imply endorsement
by Project Discovery, Inc. and we are not responsible for the availability of or the content
contained in any linked site. The Project Discovery, Inc. site may contain or use technology
that provides Project Discovery, Inc. and its affiliates with information regarding your use
of this site, or which permits Project Discovery, Inc. to audit your compliance with this
Agreement via the use of software designed to track and identify Images.
Model
and Property Releases/Clearances
The rights Project Discovery, Inc. grants to you do not include a license to any persons,
places, property, or subject matter depicted in an Image, which may be
subject to copyrights, trademarks, rights of publicity, moral rights,
property rights or other rights belonging to third persons. You shall
assume that no model or property releases, or other releases or licenses
exist in connection with any of the Images, unless specifically stated
in a separate writing by Project Discovery, Inc.. Project Discovery, Inc. makes no representations or warranties
that it owns or licenses any rights nor does Project Discovery, Inc. grant you any rights
including copyright, trademarks, or rights of publicity belonging to any
person, place, property, or subject matter depicted in any Image. Further,
Project Discovery, Inc. makes no representation or warranty as to the accuracy of any information
provided with the Images. You are solely responsible for determining whether
your use of any Image requires the consent of any third party or the license
of any additional rights, and you should not rely solely on the information
provided by Project Discovery, Inc.. If you are unsure whether additional rights are needed
for your use, you are responsible for consulting with competent legal
counsel.
Project Discovery, Inc. Trademarks and Copy Writes
You may not use the trademarks or service marks of Project Discovery, Inc.
without Project Discovery, Inc.' prior written consent. Project Discovery, Inc. and the Project Discovery, Inc. logo are registered
trademarks of the Project Discovery, Inc. Corporation
NOTIFICATION
OF COPYRIGHT INFRINGEMENT
Project Discovery, Inc. may terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your work
has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on Project Discovery, Inc.' site, send Project Discovery, Inc.' copyright agent
a notice containing: (i) a physical or electronic signature of the copyright
owner or person authorized to act on behalf of the copyright owner; (ii)
a description of the copyrighted work or works that you claim have been
infringed and identification of what material in such work(s) is claimed
to be infringing; (iii) a description of where the material that you claim
is infringing is located on the Project Discovery, Inc. site; (iv) information sufficient
to permit Project Discovery, Inc. to contact you, such as your physical address, telephone
number, and email address; (v) a statement that you have a good faith
belief that the use of the material you identified is not authorized by
the copyright owner, its agent, or the law; and (vii) a statement by you
that the information in your notice is accurate and, under penalty of
perjury, that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Project Discovery, Inc. copyright agent for notice of claims of copyright infringement can
be reached as follows: Project Discovery, Inc. Copyright Agent
Choice
of Law / Jurisdiction / Attorneys' Fees
Any dispute regarding this Agreement shall be governed
by the laws of the State of Nevada and applicable U.S. Federal law, including
Title 17 of the U.S. Code, as amended. The parties agree to accept the
exclusive jurisdiction of the state and federal courts located in Nevada,
USA. This Agreement shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of which
is expressly disclaimed. The parties hereto confirm that it is their wish
that this Agreement as well as any other documents relating hereto, including
notices, has been and shall be written in the English language. In any dispute between Project Discovery, Inc. and you, Project Discovery, Inc. shall be
entitled to recover its reasonable attorneys' fees, legal expert fees,
and other legal expenses from you.
No
Waiver / Severability
No action of Project Discovery, Inc., other than an express written Waiver
or Amendment, may be construed as a waiver or amendment of this Site Usage
Agreement. Should any clause of this Agreement be found unenforceable,
wherever possible this will not affect any other clause and each will
remain in full force and effect.
Miscellaneous
You acknowledge that you have read this Agreement and understand
it, and agree to be bound by all its terms and conditions. This document
constitutes the entire agreement between the parties with respect to the
subject matter hereof and merges all prior and contemporaneous communications.
This Agreement shall not be modified except by a written agreement signed
by duly authorized representatives of Project Discovery, Inc., provided that no purchase order
or similar document issued by you shall modify this Agreement even if
signed by Project Discovery, Inc.. If any provision of this Agreement is found invalid or
unenforceable, the remainder of this Agreement shall remain valid and
enforceable according to its terms. The parties intend that the provisions
of this Agreement be enforced to the fullest extent permitted by applicable
law. Accordingly, the parties agree that if any provisions are deemed
not enforceable, they shall be deemed modified to the extent necessary
to make them enforceable and in such manner as comes closest to the intentions
of the parties to this Agreement as is possible. This Agreement will inure
to the benefit of and be binding upon the parties, their successors and
assigns, except that you may not assign or transfer this Agreement without
Project Discovery, Inc.' prior written consent.
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