Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND EXPLORE NAUTILUS governing your use of this site www.explorenautilus.com, (the "Site"). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. www.explorenautilus.com reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on June 2011.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Registration
In order to utilize certain functionality of the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Explore Nautilus of any unauthorized use of your account or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless www.explorenautilus.com from any loss or damage arising from unauthorized use of your account.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Explore Nautilus and processing of such data by Explore Nautilus in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Issues
The Site is owned by Explore Nautilus. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Explore Nautilus.
Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of Greece, you agree:
- 1. That you may only download Content that Explore Nautilus designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
- 2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Explore Nautilus, unless such use is pursuant to Educational Use of Content of this agreement.
- 3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
- 4. To refrain from framing or mirroring any portion of the Site.
- 5. For clarity, you retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“User Content”). By uploading User Content, you grant Explore Nautilus (which includes its subsidiaries, affiliates, joint ventures, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with Explore Nautilus Products. Explore Nautilus may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such Explore Nautilus Products. An Explore Nautilus Product is defined as "a product of Explore Nautilus, a subsidiary, affiliate, joint venture, or licensee of Explore Nautilus, in any language, over which Explore Nautilus has "Editorial Control”. For the purposes of this Agreement, "Editorial Control" means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the Explore Nautilus Product. You also agree that Explore Nautilus may make User Content available to users of the Site who may display and redistribute it in the same way that Explore Nautilus makes all other Content available.
Educational Use of Content
With respect to Content designated as available for download for educational purposes (“Downloadable Content”), librarians, teachers, support staff, administrators, other staff of educational institutions, students, and adults supporting such students’ learning (“Educators or Learners”) are authorized to download Downloadable Content to a personal computer or school server and print, reproduce, and distribute such Downloadable Content solely for use in educational settings and subject to the restrictions set forth below.
The following restrictions apply to all Downloadable Content:
- 1. Educators or Learners are prohibited from disseminating Downloadable Content beyond such Educator’s or Learner’s particular educational institution.
- 2. Under no circumstances may an Educator or Learner use Downloadable Content for commercial purposes.
- 3. Downloadable Content used for any purpose must always maintain unaltered credit, copyright, other proprietary notices, and embedded links.
- 4. Educators or Learners may make no modifications to Downloadable Content and must preserve all Explore Nautilus credits and copyright notices.
With respect to Read-Only Downloadable Content, Educators or Learners may neither make use of nor allow or enable the use of Read-Only Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites or computer networks, regardless of educational use.
With respect to Modular Downloadable Content, Educators or Learners may post only products the Educator or Learner has created that contain such Modular Downloadable Content and only to a website administered by the Educator’s or Learner’s school or school system or by Explore Nautilus.
Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.
Shopping
You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to Explore Nautilus in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.
Explore Nautilus expressly disclaims all warranties, express or implied, of any kind with respect to goods and services sold on or through the site including but not limited to, merchantability, and fitness for a particular purpose. You agree that Explore Nautilus’ sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered. In no event shall explore nautilus, its affileated entities of partners, or the directors, officers, employees, members, or other representatives of each of them be liable for special, indirect, consequential, or punitive damages related to any product or service sold on or through this site including without limitation travel and tours.
All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.
Liability
The Site and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
Although Explore Nautilus does not routinely monitor the postings to the Site, Explore Nautilus reserves the right (but assumes no obligation) to delete, move, or edit any User Content that comes to its attention that Explore Nautilus considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Explore Nautilus, restricts or inhibits any other user from using or enjoying the Site will not be permitted. Explore Nautilus reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of Greece.
The Site may provide, or third parties may provide, links to other sites or resources. Because Explore Nautilus has no control over such sites and resources, you acknowledge and agree that Explore Nautilus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Explore Nautilus shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
Indemnification
You agree to indemnify, defend, and hold harmless Explore Nautilus; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. Explore Nautilus reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with National Geographic in asserting any available defenses.
Miscellaneous
These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between Explore Nautilus and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Explore Nautilus may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.
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