Last Changes to Visitor Agreement: July 15, 2021
Welcome to discovery+, one of the family of informational, educational and entertainment-oriented applications and websites brought to you by Discovery Digital Ventures, LLC, an affiliate of Discovery Communications, LLC and its subsidiaries and affiliates (“Discovery”). Please read this Visitor Agreement; by using this website, you accept its terms.
This is a legal agreement between you (“you” or “user”) and Discovery that states the material terms and conditions that govern your use of discovery+. This agreement, together with all updates, supplements, additional terms, and all of Discovery’s rules and policies collectively constitute this “Agreement” between you and Discovery. BY ACCESSING DISCOVERY+, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE VISITOR AGREEMENT AS STATED HEREIN, PLEASE DO NOT USE DISCOVERY+ AND DELETE ANY ASSOCIATED APPLICATIONS FROM YOUR DEVICE.
This Visitor Agreement applies to all of the websites and applications associated with discovery+ offerings as well as all discovery+ e-mail newsletters published or distributed by or on behalf of Discovery and any other interactive features, video or platforms associated with the discovery+ offerings, to the extent each of the foregoing is offered in the United States. Those outlets are referred to collectively in this Visitor Agreement as “discovery+.” Please note that this Visitor Agreement does not, however, apply to “discovery+”-branded offerings available outside the United States or to Discovery TV Everywhere services, which may be distributed via cable networks, through “over the top” devices, or on or through the Internet. In the event those offerings link to different terms and conditions, those terms and conditions will apply. As described below, you may be able to access and view some materials for free and without registering for an account, but certain features may only be available if you (a) register for an account and sign in to the associated service; or (b) if you subscribe to the service and pay the associated subscription fee. Additional terms and conditions may apply to some services offered on discovery+. Such terms and conditions may be found at the place where the relevant service is offered. Some features may not be available on all devices. Please visit the discovery+ Help Center to see the full list of supported devices and operating system requirements and any other device restrictions that may apply. You are responsible for all internet access, mobile data or other charges incurred when using discovery+. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.
Please read this Visitor Agreement carefully. It contains important information regarding your legal rights including mandatory arbitration, no class relief, and waiver of your right to a jury trial. Please take a few minutes to review the section Dispute Resolution.
We may change the terms of this Visitor Agreement from time to time to accommodate changes in the marketplace. By continuing to use any of the discovery+ offerings on discovery+ after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue discovery+, or any portion of discovery+, at any time. YOUR CONTINUED USE OF DISCOVERY+ FOLLOWING THE POSTING OF CHANGES TO THIS VISITOR AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR VISITOR AGREEMENT WILL APPLY RETROACTIVELY.
Discovery respects the privacy of our users. Please take a few minutes to review our Privacy Notice.
If you disagree with any material you find on discovery+, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting our representatives at firstname.lastname@example.org.
The material that appears on discovery+ is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on discovery+, you should confirm 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 discovery+. Discovery is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Discovery or its licensors.
The following additional terms apply with respect to your use of the discovery+ app downloaded from the Apple App Store.
Acknowledgement: Discovery and you acknowledge that this Visitor Agreement constitutes the agreement between Discovery and you only, and not with Apple, and Discovery, not Apple, is solely responsible for any App and the content thereof. To the extent this Visitor Agreement provides for usage rules for any App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple App Store term applies.
Scope of License: The license granted to you for each App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support: Discovery is solely responsible for providing any maintenance and support services with respect to each App, as specified in this Visitor Agreement (if any), or as required under applicable law. Discovery and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App.
Warranty: Discovery is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Discovery’s sole responsibility.
Product Claims: Discovery and you acknowledge that Discovery, not Apple, is responsible for addressing any claims of you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This provision does not limit Discovery’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: Discovery and you acknowledge that, in the event of any third party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights, Discovery, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Discovery Name and Address: Discovery’s contact information for any end-user questions, complaints or claims with respect to any App is email@example.com, or go to our discovery+ Help Center page at help.discoveryplus.com.
Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using any App.
Third Party Beneficiary: Discovery and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the agreement between Discovery and you in this Visitor Agreement, and that, upon your acceptance of this Visitor Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce such agreement against you as a third party beneficiary thereof.
ACCESS TO THE SERVICE
By accessing, using or installing discovery+, you will be able to access and view content, which may include videos, music, games, graphics, text, images and photographs (“discovery+ Content”), on the terms and conditions set out in this Visitor Agreement.
You may be able to access and view some discovery+ Content for free, but most discovery+ Content may only be available to you if you: (a) register a discovery+ account (“discovery+ Account”); and (b) purchase a discovery+ subscription (“discovery+ Subscription”).
Further details of the current discovery+ Subscriptions on offer can be found within discovery+. If you purchase a discovery+ Subscription from us, you can view details about your discovery+ Subscription, including the price, by accessing your account section in discovery+. If your discovery+ Subscription auto-renews, this information will include the recurring subscription fee, billing renewal date and how to stop your discovery+ Subscription from auto-renewing.
You may personalize your use of discovery+ by creating one or more profiles under your discovery+ Account. Only the account holder and those with permission from the account holder may create a profile. The account holder may access profile details and delete or modify profiles associated with the account.
When you sign up for a discovery+ Account or purchase a discovery+ Subscription you are responsible for all access to and use of discovery+ through your account. You are also responsible for your discovery+ Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your payment details, username and password to any other person. You agree to notify us immediately if you become aware of or suspect any unauthorized use of your password or username.
FREE PERIOD OF ACCESS
Your discovery+ Subscription may start with a free period of access. Free periods of access are available to new subscribers only (one per subscriber) unless we tell you otherwise and are subject to availability. The specific duration of the free period of access will be specified at the point of sign-up. You will be charged at the end of your free period of access, unless you cancel your discovery+ Subscription before the expiry of the free period of access. Please note that you may not be notified that your free period of access is ending or has ended and that your paid subscription has started.
Discovery and its affiliates or business partners may make available codes or other promotional offers which: (a) grant access to discovery+ Content normally only available via a discovery+ Subscription without requiring you to pay for such access; or (b) give a discount on a discovery+ Subscription or other paid offerings in discovery+ (“Promotional Offers”).
Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by Discovery, its affiliates or one of our business partners. You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them. Please check the relevant terms and conditions of the Promotional Offer for full details. Unless stated otherwise, Promotional Offers are only available to new subscribers (one per subscriber) and are subject to availability. Where a Promotional Offer is combined with a free period of access, restrictions may apply. Where a Promotional Offer is provided by a business partner, that other party may also have additional terms and conditions which apply. Discovery is not responsible for the products and services provided by such third parties. Eligibility for Promotional Offers is determined by Discovery and we reserve the right to limit availability of and/or revoke any Promotional Offer and put your account on hold in the event that you are not eligible.
If a charge applies to your discovery+ Subscription, you will be charged for it using the payment method you designate (the “Primary Payment Method”). In addition, you may have the option to provide multiple payment methods to be associated with your Account. In the event you submit multiple payment methods, you hereby authorize Discovery to charge such backup payment method in the event the Primary Payment Method cannot be charged. If your discovery+ Subscription automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your discovery+ Subscription at the same price (unless we have notified you of a price change as described below). Usually the first payment will be taken on the day you subscribe or, if you have a free period of access, the day after your free period of access ends. If you are eligible for a Promotional Offer involving a discount, your bill and payments will be reduced accordingly for the promotion period.
To view your billing information or to change your payment method, go to your account section in discovery+ (unless you’re paying via a third party or through another service, for example via one of our partners, in which case see “Third Party Platforms and Services” below).
If a payment is not successfully settled, because your payment method has expired and there is no viable backup payment method associated with your account, you have insufficient funds, or otherwise, and you do not change your payment method or cancel your discovery+ Subscription, we may suspend your access to your discovery+ Subscription and/or your discovery+ Account until we (or the relevant third party) have obtained a valid payment method. When you update your payment method in your account, you authorize us to charge the updated payment method for your discovery+ Subscription and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.
We reserve the right to change the date we charge you if your payment method has not been successfully authorized or if your subscription renewal date does not occur in a given month, for example, if you are usually charged on the 30th of each month, in February you will be charged on the 28th.
We use other companies (including other companies in the same group as Discovery), agents or contractors to process credit card transactions or other payment methods. For some payment methods, the relevant issuer may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your payment method. Local taxes and charges may vary depending on the payment method used. You will be solely responsible for any such taxes and charges which may apply. Check with your payment provider for details.
If you subscribe to a discovery+ Subscription which starts with a free period of access, or if you use a Promotional Offer which requires you to provide your payment details, a payment may be authorized by your bank when your free period of access or Promotional Offer begins but no payment will be taken by us for this free period of access or for this Promotional Offer period. You should be aware however that this may affect your available balance or credit limit.
Certain types of discovery+ Subscriptions automatically renew unless you cancel your subscription before your next renewal date. If you purchase a discovery+ Subscription through us, we will let you know, at the point of sign-up, if your type of discovery+ Subscription will automatically renew. If you have a discovery+ Subscription which automatically renews, and you do not cancel your subscription before the end of the current subscription period (or free period of access), your discovery+ Subscription will automatically renew. If your discovery+ Subscription automatically renews, you will be charged the total subscription fee at the same price (unless we have notified you of a price change, in accordance with “Price Changes” below) due for the next subscription period.
We may change the price of your discovery+ Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a discovery+ Subscription through one of our third party partners, price changes will be subject to that third party’s terms and conditions.
If we notify you of a price change and you do not want to continue your discovery+ Subscription at the new subscription price, you can cancel your discovery+ Subscription either: (i) before the start of the next subscription period by following the steps in “Cancellation” below; or (ii) at any time before the price change becomes effective by providing us with notice at firstname.lastname@example.org.
We will always try to make sure the price of your discovery+ Subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your discovery+ Subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for but not yet received.
You can cancel your discovery+ Subscription before the end of the current subscription period (or free period of access) and, unless we tell you otherwise, the cancellation will be effective at the end of the current subscription period (or free period of access). This means that if you are part of the way through a subscription period (or free period of access), you will be able to continue to use your discovery+ Subscription until the end of the current subscription period (or free period of access), unless we tell you otherwise.
To manage your discovery+ Subscription, click on the account area in discovery+. If you signed up for a discovery+ Subscription through a third party (for example via one of our partners) and wish to cancel your subscription, you will need to do so through that third party. For example, you may need to visit your account with a third party and turn off auto-renew for discovery+.
REFUNDS AND CREDITS
Without affecting your applicable statutory rights, payments are non-refundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. If we do this for any reason this does not mean we are obligated to do so again, even in the same circumstances.
If you signed up for a discovery+ Subscription through a third party (for example, an app-store or via one of our partners) and encounter any problems with billing or payments, please contact that third party in respect of any refunds or credits relating to your discovery+ Subscription in accordance with that third party’s terms. For any other issues relating to your discovery+ Subscription, you can contact us at email@example.com.
THIRD PARTY PLATFORMS AND SERVICES
If you access discovery+ or purchase a discovery+ Subscription through a third party (for example, via a bundle of services provided by one of our third party partners) or another product or service sold by that third party, your payment will be to that third party or to that other product or service and you will be subject to that third party’s terms or to that other product or services’ terms (including any applicable usage rules). Important information on the applicable terms of sale, charges, taxes, payment methods, your right to cancel a transaction and when you can exercise such right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party’s terms and conditions or in the terms and conditions of the other product or service. You must comply with those terms and conditions and also with this Visitor Agreement. In the event of any inconsistency between this Visitor Agreement and those terms and conditions, the third party terms and conditions shall take precedence over this Visitor Agreement. If you are paying for a discovery+ Subscription via a third party or via another product or service sold by that third party and you wish to change your payment method, you will need to do so through that third party or the other product or service.
MAGNOLIA WATCH AND CREATE
Magnolia Discovery Ventures, LLC (“MDV”) is an affiliate of Discovery and a joint venture between Discovery and Chip and Joanna Gaines’ company, Magnolia Market, LLC (“Magnolia”) that provides video and related companion content offerings including offerings from Magnolia Network (“Magnolia Network”) available through the Magnolia Watch and Create section of Magnolia’s website and App (the “Magnolia Sites”). Users must have both (1) a common account across the discovery+ Services and the Magnolia Sites and (2) an active discovery+ Subscription in order to access and view all the content within the Magnolia Watch and Create.
To enjoy Magnolia Network and related companion content in the Watch and Create section of Magnolia Sites (“Magnolia Watch and Create”), users must use the same username and password for both your discovery+ Subscription and your Magnolia account to create a common account that can be used across both services. Your account login information and information about your use of Magnolia Watch and Create is shared between Discovery and Magnolia for purposes of activating, administering and improving your experience with Magnolia Watch and Create and the Magnolia Sites.
If you have any questions or are having trouble creating a common account, please contact customer service here.
Your use of Magnolia Watch and Create, including your use of any content you access and view through Magnolia Watch and Create, is subject to this Visitor Agreement and Privacy Notice. Your use of the remainder of the Magnolia Service is subject to Magnolia’s Visitor Agreement and Magnolia’s Privacy Notice.
You may manage your Magnolia account and your discovery+ Subscription at any time by accessing your account profile on either the via the discovery+ app or website or Magnolia Site.
Please note that because they are a common account any changes you make to either your discovery+ Subscription or your Magnolia account will apply to both services, including changes such as changing your password, credit card information, cancellation etc. If you need to manage your discovery+ Subscription click here.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Discovery’s Designated Agent. The Name and Address of Agent Designated to Receive Notification of Claimed Infringement: Leah Montesano, Legal, Discovery Communications, LLC, 8403 Colesville Road, Silver Spring, MD 20910; 240.662.0000 (telephone); or DMCA_notices@discovery.com.
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS Discovery wants to encourage an open exchange of information and ideas on and through designated parts of discovery+. But we cannot and do not review every posting made on discovery+’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Discovery. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on Discovery’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on discovery+ lies with each user – you alone are responsible for material you post. Discovery does not control the messages, information or other content that you or others may provide through discovery+. You may use discovery+ for lawful purposes only.
By using discovery+, you agree not to submit, post or transmit on or through discovery+ any material or otherwise engage in any conduct that:
Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
Allows you to gain unauthorized access to discovery+, or any account, computer system, or network connected to discovery+, by means such as hacking, password mining or other illicit means;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Collects for marketing purposes any email addresses or other personal information that has been posted by other users of discovery+.
Impersonates any person, business or entity, including Discovery and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including Discovery;
Contains an advertisement or solicitation or encourages others to make a donation;
Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
Results in the posting or transmission of any message anonymously or under a false name;
Permits any person to access, using your account, any features of discovery+ that may require registration;
Results in a single message being posted to any area of discovery+ if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
Violates this Visitor Agreement, guidelines or any policy posted on discovery+, or interferes with the use of discovery+ by others.
Although Discovery cannot monitor all content on discovery+’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that Discovery shall have the right, but not the obligation, to monitor the content of discovery+ to determine compliance with this Visitor Agreement and any other operating rules that may be established by Discovery from time to time. Discovery shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material submitted to or posted on discovery+ for any reason, including violation of this Visitor’s Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their material. You acknowledge and agree that neither Discovery nor any of its affiliates shall assume or have any liability for any action or inaction by Discovery with respect to any conduct within discovery+ or any communication or posting on discovery+. Discovery also reserves the right to disclose any information that Discovery believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
Discovery requires you not to use discovery+ to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to discovery+, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS With the exception of any material posted on Discovery’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Discovery and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on Discovery’s community and social media sites, you are granting to Discovery, and to anyone authorized by Discovery, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Discovery’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Discovery, and anyone authorized by Discovery, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Discovery deems appropriate.
The materials available through discovery+ are the property of Discovery or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to play, display and print for your personal, non-commercial use information you receive through discovery+ and otherwise use discovery+ for the purposes intended. But you may not otherwise modify or reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on discovery+ in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves on discovery+ and to tell them how to find it. You will not remove any copyright, trademark or other proprietary notices from material found on discovery+.
NO SOLICITING You agree not to use the discovery+ to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval, nor to state or imply any sponsorship or endorsement by Discovery.
NO SPAMMING OR SPIMMING From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
TRADEMARKS We do not 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 discovery+ without the prior written consent of the owner of the mark.
AGE RESTRICTION You must be at least 13 years old to use discovery+. However, you must be at least 18 years old to register on discovery+. By registering on discovery+, you warrant that you are at least 18 years old. Please do not use discovery+ if you are not at least 13 years old.
ELIGIBILITY TO SUBSCRIBE TO SERVICES
discovery+ is intended for use only in the United States (“Territory”). Discovery makes no promise that any or all of the services available on discovery+ are appropriate or available for use in locations outside the United States, and accessing discovery+ from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by the United States State Department or other U.S. government entity. If you choose to access discovery+ from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to services you subscribe to through discovery+. Discovery makes no representation or warranty that all of the services will be available in any or all territories at any time.
USER ACCOUNT INFORMATION AND SECURITY You agree that the information you supply during the registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Discovery considers to be offensive. Discovery reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You agree not to, and not to allow third parties to: (i) access or view any part of the discovery+ service and/or purchase a discovery+ Subscription using a virtual proxy network; or (ii) use your log in credentials to access your discovery+ Account or discovery+ Subscription without authorization, or do anything else which allows you to gain unauthorized access to the discovery+ service, or any account, computer system, or network connected to the discovery+ service, by means such as hacking, password mining, or other illicit means. You will be responsible for preserving the confidentiality of your password and will notify Discovery of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Discovery immediately. Discovery reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform Discovery if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting customer service at firstname.lastname@example.org. Click here to view our Privacy Notice.
DISCLAIMER OF WARRANTIES AND LIABILITY We work hard to make discovery+ 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 discovery+.
YOU AGREE THAT YOUR USE OF DISCOVERY+ IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH DISCOVERY+, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY DISCOVERY SITE OR ANY MATERIAL AVAILABLE THROUGH DISCOVERY+, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH DISCOVERY+.
DISCOVERY+ IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE DISCOVERY+, DISCOVERY AND THEIR AFFILIATES, 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 DISCOVERY+, NOR DO THEY GUARANTEE THAT DISCOVERY+ WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT DISCOVERY+ WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL DISCOVERY+, DISCOVERY OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF DISCOVERY+, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DISCOVERY+, DISCOVERY AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF DISCOVERY+, DISCOVERY AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO DISCOVERY+ WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY FOR THE USE OF DISCOVERY+.
DISPUTE RESOLUTION PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Discovery agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Visitor Agreement, if you have any dispute or disagreement with us regarding (i) your use of or interaction with discovery+, (ii) any purchases or other transactions or relationships with Discovery, or (iii) any data or information you may provide to Discovery or that Discovery may gather in connection with such use, interaction or transaction (collectively, “Discovery Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with discovery+, or engaging in any other Discovery Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using discovery+, you agree that any complaint, dispute, or disagreement you may have against Discovery, and any claim that Discovery may have against you, arising out of, relating to, or connected in any way with this Visitor Agreement, our Privacy Notice, or any Discovery Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Discovery agrees to provide the benefit of such Minimum Standards to you to the extent they are more favourable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of the Sections below entitled “No Class Relief” and “Interpretation and Enforcement of Arbitration Clause.”. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You further agree that:
Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Visitor Agreement and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of this Visitor Agreement is void or voidable;
Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Discovery; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
No Class Relief. The Arbitration can resolve only your and/or Discovery’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Discovery will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees. In the event you recover an Award greater than Discovery’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Discovery’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Discovery shall in all events bear its own attorneys’ fees;
Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Discovery shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
Modification of Arbitration Clause With Notice. Discovery may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Discovery has given notice of such modifications and only on a prospective basis for claims arising from Discovery Transactions and Relationships occurring after the effective date of such notification; and
Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Discovery in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
CHOICE OF LAW This Agreement has been made in and shall be construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
CHOICE OF FORUM By using discovery+, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in New York.
INDEMNITY You agree to indemnify, defend and hold harmless Discovery, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Discovery Site using your account.
In the event that you have a dispute with one or more other users of discovery+, you release Discovery (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
SEVERABILITY In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.