User Agreement with Discovery Education
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.
Content: All the search pages, indexes, databases, online help, video, text, still images, audio materials and all other content provided by Discovery Education on the website.
Discovery Education: Discovery Education, Inc., the owner of the Product.
Product: The CosmeoTM service that provides the Content to individuals through streaming technology delivered via the Internet.
Subscriber: An individual who has obtained a license to access and use the Product for personal purposes during the Term.
Subscription Plan: The plan under which Subscriber has obtained a right, by paying a fee or otherwise, to access the Product and the Content.
Term: The period of time that the Subscriber's Subscription Plan is in effect.
User: Subscriber and persons in Subscriber's household whom Subscriber has registered as a User on the website.
Website: The website located at www.cosmeo.com.
1. Grant of License
For the Term of the Subscription Plan, Discovery Education grants to User a personal, limited, non-exclusive, non-transferable revocable license to access the Product via the website 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.
2. Log-In Information
User has been provided with a valid screen name and password for the purpose of accessing the Product (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 infringement 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.
3. User Agreement
Discovery Education may from time to time change 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 revised User Agreement shall supersede the previous version of the User Agreement.
4. Refund Policy
Cosmeo Offers (purchased direct from Discovery Education):
Annual Subscriptions (refund policy only available for valid Annual Subscriptions; no new Annual Subscriptions available for purchase after 1/31/09): If you cancel your subscription for any reason within the first 6 months of the initial billing date, Cosmeo will refund a percentage of the price paid, as shown below:
- Cancel in Month 1 for a 50% refund.
- Cancel in Month 2 for a 42% refund.
- Cancel in Month 3 for a 34% refund.
- Cancel in Month 4 for a 25% refund.
- Cancel in Month 5 for a 17% refund.
- Cancel in Month 6 for a 9% refund.
- Cancel after Month 6, no refunds available.
Monthly Subscriptions: No refunds available.
Partner Offers (purchased via a Discovery Education sales partner):
DELL's Cosmeo Offer: Annual Subscription plus 2 DVDs (offer expired 8/1/07):
If you call Dell to cancel your annual subscription for any reason within 21 days from the date shown on the invoice you receive from Dell (the billing date), you will be refunded the full price paid for the annual subscription. You may keep the free DVDs. If you cancel after 21 days from the date shown on the invoice you receive from Dell, you will not receive any refund.
Monthly Subscriptions: No refunds available.
5. Communications from Discovery Education
Discovery Education will periodically contact User for customer service purposes, including without limitation for providing Product information (such as Product updates and Content changes). By accessing the Product and the Content, User consents to receive such communications.
6. Conditions Regarding Use of the Content:
a) Content Shall Be Used for Personal Purposes Only
The Product and the Content may be used for personal purposes only. In no event shall the Content be used in any commercial and/or for-profit manner, or in any public exhibition. 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 the Subscription Plan.
b) 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.
c) 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.
d) Content Displayed on the Website
User shall not remove, obscure or alter the Content or the website itself. 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.
User may download still images from the Product for personal use, provided that images may not be edited or altered in any manner. Still images may not be used for any commercial and/or for-profit manner, or in any public exhibition. User acknowledges that such images may contain watermarks or other security devices to prevent and track any unauthorized use.
7. Content May Not be Downloaded
Except as specifically set forth herein, under no circumstances may a User download the Content or combine, merge or incorporate the Content in or with any other materials.
8. Attribution and Citations
User shall maintain all proprietary notices on the Content. Reference to Discovery Education as the source of the Content is required for all Content.
Examples of proper citation format for video and images are as follows:
- MLA Example for Video:
Danny and the Dinosaur. By Syd Hoff. Weston Woods, 1990. Discovery Education, Inc. 30 Nov. 2001 <http://www.unitedstreaming.com>
- 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 Education, Inc.: http://www.unitedstreaming.com
- MLA Example for an Image:
Name of the Image. By Paul Fuqua. 2003. Discovery Education, Inc. 01 Jan. 2003 <http://www.unitedstreaming.com>
- APA Example for an Image:
Fuqua, Paul (2003). Name of the image [Image]. Retrieved January 1, 2003, from Discovery Education, Inc.: http://www.unitedstreaming.com
Other examples of proper citation for K-12 schools can be found at http://www.citation-machine.net.
9. Ownership; Copyrights And Trademarks
a) Ownership of Content
User acknowledges that as between User and Discovery Education, ownership in and to the Product, the website and the Content 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.
b) 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.
10. Termination and Effect of Termination
a) Term and Termination
b) Effect of Expiration or Termination
Upon expiration or prior termination of this Agreement, all rights granted herein shall terminate and revert to Discovery Education, and all access to and use of Product, the website and the Content must cease. 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.
11. 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) the Product and the Content shall not be modified or altered; (iii) 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; (iv) all Log-In Information shall be maintained confidentially and (v) Subscriber is an individual located in the United States of America.
12. 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. DISCOVERY EDUCATION DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCT OR THE CONTENT, AND DISCOVERY EDUCATION DOES NOT GUARANTEE THAT THE PRODUCT IS ERROR-FREE, WITHOUT INTERRUPTION, OR AVAILABLE AT ALL TIMES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY EDUCATION OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY EDUCATION'S OBLIGATIONS HEREUNDER, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. USER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DISPUTE WITH RESPECT TO THE PRODUCT IS TO DISCONTINUE THE RELEVANT SUBSCRIBER'S SUBSCRIPTION PLAN. DISCOVERY EDUCATION'S LIABILITY FOR ALL CLAIMS ARISING HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY SUBSCRIBER TO DISCOVERY EDUCATION DURING THE PRECEDING TWELVE-MONTH PERIOD. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.
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. Discovery Education makes no representation with respect to compliance with laws of territories outside of the United States.
If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.
No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.
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.
e) 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.
f) 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.