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National Geographic Channel

DOOMSDAY PREPPERS FACEBOOK APP TERMS OF USE

IMPORTANT LEGAL STUFF ABOUT HOW YOU CAN USE OUR APP

1. These Terms of Use apply to your use of the app located at http://www.facebook.com/NatGeoChannelUK (App) and any associated site or sites linked to it. By using the App you agree to be bound by these Terms of Use and any other terms set out on the App including the Privacy Policy and the Cookie Policy as amended and updated from time to time. 

BY USING THE APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE APP.

2. You may only use the App for your own personal non-commercial use. You must not copy, amend, alter or use the App for any other purpose. You must not use the App as an information or news source to create your own content as it is a breach of our rights. We will prosecute anyone who copies or otherwise uses our content in any way other than for their own personal and non-commercial use or as authorised by us. 

3. We will monitor your use of our App to ensure that our content is not being used in any way other than as expressly permitted by us and your use of the App is your acceptance to our monitoring of your use. If you are a commercial user, you give us consent to monitor your services to ensure that you have strictly complied with our Terms of Use.

THE LEGAL STUFF IN MORE DETAIL

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App following any changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited licence to enter and use the App.

1. DEFINITIONS. 

You: means you, the user of the App, and your shall be interpreted accordingly. 

We/us: means NGC Europe Limited of Unit 3.5 Shepherd’s Buildings East, Richmond Way London W14 0DQ and our shall be interpreted accordingly. 

App: means http://www.facebook.com/NatGeoChannelUK

User Information: means the personal details, which may be provided by you to us via the App. 

Users: means the users of the App collectively and/or individually depending on the context in which it is used in these Terms of Use. 

Content: means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the App, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.

2.ACCEPTABLE USE 

You agree that any use by you of the App shall be in accordance with the following conditions: 
2.1You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App.  We reserve the right to monitor and to bar any such activity and your use of the App hereby authorises us to monitor your use of the App and its Content.
2.2You may not attempt to gain unauthorised access to any portion or feature of the App, or any other systems or networks connected to the App or its server, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means.
2.3You may not probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the App, or any other customer of ours, including any App account (if any) not owned by you, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.
2.4You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or our systems or networks, or any systems or networks connected to the App.
2.5You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the, or with any other User’s use of the App.
2.6You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission you send to the App on or through the App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
2.7You may not use the App or any Content for any purpose that is unlawful or prohibited by these Terms of Use or the law, or to solicit the performance of any illegal activity or other activity which infringes our rights or rights of others.
2.8Posting Content. You will not post or transmit through the App any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. You will always treat other Users with respect. 
2.9You will not post or otherwise make available on the App any material, which you do not own without the express permission of the owner of the material. 
2.10You will not copy, download, reproduce, republish, frame, transmit in any manner whatsoever, any material on the App except as is strictly necessary for your own personal non-commercial use. 
2.11Prize Promotions. You will abide by the specific rules of any competition or promotion that you participate in on or via the App. Unless we tell you otherwise, all prize draws and competitions offered via the App are not open to people resident outside the United Kingdom unless the terms and conditions of the prize promotion so specify. You cannot use any third party to enter any competition or prize promotion on your behalf including any third party proxy service, facilitator or agent. Any entries submitted under a false or assumed name will be disqualified.
2.12Security. Certain features or services offered on or through the App may require you to register (including setting up a User ID and password). You are entirely responsible for maintaining the confidentiality of your registration information including your password and for any and all activity that occurs under your registration as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorised use of your User ID or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the App due to someone else using your User ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s User ID or password at any time without the express permission and consent of the holder of that User ID or password.  We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

3.CONTENT

3.1All Content, is owned, controlled or licensed by or to us, and is protected by law, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
3.2Except as expressly provided in these Terms of Use, no part of the App and no Content may be copied, reproduced, republished, rewritten, used as a news source, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercially exploited, without our express prior written consent.
3.3You acknowledge that by posting materials on the App, you grant to us and our licensors and assigns, an irrevocable, perpetual, royalty free, worldwide licence to use the materials within the App.  Should we wish to use your material in any other way we will contact you unless we expressly advise you at the time that you provide such material. The licence extends to copying, adapting and editing the materials for use on the App.

4.LIABILITY FOR INFORMATION PROVIDED ON THE APP 

4.1Third Party Content. We are not liable for any material which is posted on the App by any other person including advertisers and Users, and we are not responsible for and do not endorse such material, and accept no responsibility for its accuracy. 
We reserve the right to monitor the contributions made and may respond to or comment upon communications made by you and edit, refuse to post, or remove any content from the bulletin boards (if any) or otherwise that may be available through our App from time to time, in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by us.
4.2We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the App, or for statements, advice and/or opinions made or given by Users (except as required by law). If you have any claim arising from the actions or statements of another User, you agree to pursue such a claim only against that User and not from us. 
4.3We will endeavour to provide the App using all reasonable care. Except as required by law, we will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the App and do not promise that the material contained in the App, or any of the functions contained in the App or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material. 
4.4We will be liable for any fraudulent misrepresentations we make and for any death or personal injury caused by our negligence. We will not be responsible or liable to you for any other loss or damage that you or any third party may suffer as a result of using or in connection with your use of the App.

5.DISCLAIMERS

5.1WE DO NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND/OR ANY SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE APP OR ANY CONTENT IS TO STOP USING THE APP OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
5.2The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
5.3We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
5.4Limitation of Liability.  Except where prohibited by law, in no event will we be liable to you for any loss of (i) profits (ii) business interruption (iii) goodwill or reputation or otherwise, or for any indirect, consequential, exemplary, incidental or punitive damages, including any indirect or consequential losses, even if we have been advised of the possibility of such damages.
5.5If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the App or any Content, our liability shall in no event exceed GBP£100.00. 

6.INDEMNITY

You undertake to indemnify, on demand, and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the App.

7.BREACH  OR NON-COMPLIANCE  WITH TERMS OF USE

7.1We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or Users of the App, including our customers and advertisers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.
7.2You acknowledge and agree that we may preserve any transmittal or communication by you with us through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data privacy breaches or the rights of others, or (4) protect our rights, property or the personal safety of our employees, Users of or visitors to the App, and the public.
7.3You agree that we may, in our sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if we determine that you have breached or failed to comply with any one or more of these Terms of Use or other agreements or guidelines which may be associated with your use of the App. You also agree that any breach or non-compliance by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we may deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have against you at law or in equity.
7.4You agree that we may, in our sole discretion and without prior notice, terminate your access to the App, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the App or any service offered on or through the App, or (4) unexpected technical issues or problems.
7.5If we do take any legal action against you as a result of your breach of these Terms of Use, we will be entitled to recover from you, and you undertake to pay, on demand, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the App as a result of any breach or non-compliance of these Terms of Use.

8.PRIVACY 

8.1We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to you gathered by us.  For further information on our Privacy Policy please see http://natgeotv.com/uk/privacy-policy and Facebook’s Cookie Policy.
8.2Please contact us via ngcdutylog@fox.com to notify us of any changes to the information you have previously given or if you wish to withdraw your consent to our using your User Information for any stated purposes or for any form of promotional contact. 

9.TERMINATION AT OUR DISCRETION

We reserve the right immediately to terminate your use of the App if you breach or do not comply with any of our Terms of Use or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.

10.GOVERNING LAW; DISPUTE RESOLUTION

10.1You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of England and without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Courts of England and Wales and waive any objection to such jurisdiction or venue. 
10.2In the event of any controversy or dispute between us and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

11.FEEDBACK 

Should you wish to make any comments to us about the App or if you have any questions relating to the same please contact us via ngcdutylog@fox.com. 

12.OUR DETAILS

NGC Europe Limited, Unit 3.5 Shepherd’s Building East, Richmond Way London W14 0DQ.
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