Terms of Use & Privacy Policy

Terms of Use

National Geographic Partners, LLC, a joint venture of the National Geographic Society and 21st Century Fox (collectively, “National Geographic,” or “we” or “us”) has developed this Terms of Use Agreement (“Agreement”) to describe the terms that govern your access and use of the National Geographic Services (defined below). This Agreement applies to the National Geographic websites (“NG Sites”), mobile sites, applications ("apps"), widgets, NG Site Products (as defined below) and other content and services that are linked to this Agreement (collectively, the "NG Services"). National Geographic is based in the United States.

Your access to and use of certain NG Services may require you to accept additional terms and conditions applicable to such NG Services, including any future modifications (collectively, "Additional Terms") in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific NG Service.

Except as to those National Geographic sites and apps directed to children, including www.nationalgeographic.com/kids, www.littlekids.nationalgeographic.com, and certain online features directed to children, all other content, products and Services are limited to users aged 13 years and above.

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND NATIONAL GEOGRAPHIC UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND NATIONAL GEOGRAPHIC WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THE NG SITES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.

National Geographic furnishes the NG Services (as defined below) for your personal enjoyment and entertainment. By using any NG Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the NG Services and must discontinue use of the NG Services immediately. National Geographic may modify this Agreement at any time, and each such modification will be effective upon posting on or to the NG Service. All material modifications will apply prospectively only. Your continued use of the NG Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. NG may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help NG manage and provide the NG Services.

NATIONAL GEOGRAPHIC ACCOUNT REGISTRATION AND SECURITY

Some NG Services require you to create an account (including setting up a National Geographic credential and password) to participate in or to secure additional NG Services, such as viewing and commenting on NG Content (defined below), purchasing NG Site Products, creating an NG Site profile and signing up for specific National Geographic newsletters. To create an account and interact with participating NG Services click on the Sign In/Join link on the NG Service webpage and create a profile.

All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you by visiting our customer portal at https://members.nationalgeographic.com/settings/account/. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. National Geographic reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information. You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by National Geographic, NG Affiliates (defined below) or any other National Geographic user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify National Geographic and all NG Affiliates from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify National Geographic immediately if you suspect any unauthorized use of, or access to, your account or password. National Geographic shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. If National Geographic makes available a manner by which you are able to upload a picture to your profile, National Geographic shall also retain the right, but no obligation, to review any profile pictures provided by you.

ACCESS

The NG Site is intended solely for your personal and non-commercial use. National Geographic may change, suspend or discontinue the NG Site (or any feature thereof) at any time. National Geographic may also impose limits on certain features and services offered on the NG Site or restrict your access to parts or all of the NG Site without notice or liability. You acknowledge that from time to time the NG Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which National Geographic may undertake from time to time; or (iii) causes beyond the control of National Geographic or which are not reasonably foreseeable by National Geographic.

TERMINATION

Unless terminated by National Geographic in its sole discretion, this Agreement remains in full force and effect while you use the NG Services. You may terminate your account at any time, for any reason, in the following ways: (i) send a letter to National Geographic Partners, LLC Attn: Marketing Services – Privacy, 1145 17th Street NW, Washington, DC 20036-4688, or (ii) visit our Support Center at http://help.nationalgeographic.com/customer/portal/emails/new. Please send us an email with your request to delete your account and choose "National Geographic Community Account" in the dropdown.

National Geographic may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the NG Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the NG Services is terminated by you or National Geographic, this Agreement will remain in full force and effect with respect to your past and future use of the NG Services. If we terminate your user account, subscription and/or access to the NG Services (or any portion of the NG Services) you may not create a new account, purchase a new subscription or try to access the NG Services without National Geographic's prior written approval. You agree that your account is non-transferable. Any rights to your account and/or NG Services terminate upon your death.

FEES

You acknowledge that National Geographic reserves the right to charge a fee for any portion of the NG Services. National Geographic will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the NG Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if National Geographic suspends or terminates your account, and/or access to an NG Site (or any portion of the NG Site), due to your breach of this Agreement or violation of Applicable Law, as determined by National Geographic, in its sole discretion.

PURCHASING NG SITE PRODUCTS

In connection with a purchase of any NG Services feature, subscription (including any premium subscription) or product, through any NG Service ("NG Site Product") you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third-party selected by, but not affiliated with, National Geographic (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, the collection, use and transmission of your Personal Financial Information and any payment obligations for NG Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase of an NG Site Product, you are warranting that you are authorized to make the purchase using the Personal Financial Information that you provide to the Processor. You must be 18 years of age or older to purchase an NG Site Product.

If you purchase certain subscription based NG Site Products, your subscription will be automatically renewed and the credit or debit card you provided to the Processor for such NG Site Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of National Geographic or the Processor, for a substantially similar subscription. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.

National Geographic makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for an NG Site Product with the Processor. National Geographic provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability, regarding purchases you make on or through any NG Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, National Geographic will in no way be responsible or liable to you for any such data breach.

If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.

LIMITED CONTENT LICENSE

The NG Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of National Geographic and NG Affiliates and their licensors and assignors ("NG Content"), as well as materials and Content provided by users (“User Content”) or other third-parties. NG Content contained in the NG Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and National Geographic, National Geographic, its licensors, or its assignors, own and retain all rights in the NG Content and NG Services. National Geographic hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and display or perform the NG Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the NG Services. The NG Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable NG Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the NG Services.

Except as explicitly and expressly permitted by National Geographic or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the NG Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the NG Content contained in the NG Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the NG Content, including geo-filtering mechanisms. Except as necessary in order to make reference to National Geographic or NG Services in a purely descriptive capacity, you are expressly prohibited from using any NG Content in any manner.

You may not, without the National Geographic’s written permission, “mirror” any NG Contents contained on the NG Site or any other server. You may not use the NG Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the NG Site in any manner that could damage, disable, overburden, or impair the NG Site, or interfere with any other party’s use and enjoyment of the NG Site. You may not attempt to gain unauthorized access to the NG Site through hacking, password mining or any other means. National Geographic reserves the right, in its sole discretion, to terminate your access to the NG Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

RESTRICTIONS ON USE OF THE NG SERVICES

National Geographic reserves the right to remove any and all Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the NG Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the NG Services. You understand that National Geographic does not control the User Content posted by users via the NG Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. National Geographic assumes no responsibility or liability for any User Content. If you become aware of any misuse of the NG Services, please report this immediately to NGPLegalAffairs@natgeo.com.

National Geographic assumes no responsibility for monitoring the NG Services for inappropriate Content or conduct. If at any time, National Geographic chooses in its sole discretion to monitor the NG Services, National Geographic nonetheless assumes no responsibility for Content other than NG Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.

You agree not to use the NG Services to:

  • Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, 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 or access to a computer or a computer network;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the NG Services;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the NG Services, including National Geographic's servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the NG Services;
  • Delete or revise any information provided by or pertaining to any other user of the NG Services;
  • Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the NG Services, or to circumvent or modify any security technology or software that is part of the NG Services;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the NG Services. If you do so, you acknowledge you will have caused substantial harm to National Geographic, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay National Geographic $50 for each actual or intended recipient of such communication;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person's consent;
  • Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the NG Content; or building a business using the NG Content) without National Geographic’s prior written consent; using technology or other means to access, index, frame, or link to the NG Services (including the Content) that is not authorized by National Geographic (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of NG Content);
  • Accessing NG Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of NG Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
  • Use the NG Services to advertise or promote competing services;
  • Use the NG Services in a manner inconsistent with any and all Applicable Law;
  • Attempt, facilitate or encourage others to do any of the foregoing.

National Geographic reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by National Geographic, or for any other reason in National Geographic’s sole discretion and without notice to you. You acknowledge that National Geographic reserves the right to investigate and take appropriate legal action against anyone who, in National Geographic's sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that National Geographic may access, preserve or disclose information you provide to or through the NG Services or that we have collected about you, including registration information and User Content, when National Geographic has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of National Geographic, our parents, subsidiaries or affiliates (“NG Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the NG Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If National Geographic sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, National Geographic may transfer your information to the party or parties involved in the transaction as part of that transaction.

National Geographic reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and National Geographic assumes no responsibility for any loss of your User Content due to it being removed by National Geographic or for any other reason.

USER CONTENT ON MESSAGE BOARDS AND FORUMS

National Geographic may offer users the ability to post messages on message boards, stories, photos and/or forums (collectively, "Forums"), which may be open to the public generally, to all members of NG Services or to a select group of NG Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. National Geographic reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in National Geographic’s sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the NG Services, including the Forums or otherwise.

YOUR PROPRIETARY RIGHTS IN AND LICENSE TO YOUR USER CONTENT

National Geographic does not claim any ownership rights (including copyright) in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the NG Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any NG Content or content owned by an NG Affiliate. By posting or transmitting any User Content on, through or in connection with the NG Services, you hereby grant to National Geographic and our NG Affiliates, licensees, assignees, and authorized users, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable and transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, broadcast and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, National Geographic is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including NG Services. National Geographic’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint National Geographic as your agent with full authority to execute any document or take any action, National Geographic may consider appropriate in order to confirm the rights granted by you to National Geographic in this Agreement.

You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the NG Services and/or Third-Party Services, or otherwise have the right to grant the license set forth in this section, and (ii) the Transmission of User Content by you on, through or in connection with the NG Services and/or Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the NG Services or Third-Party Services. If you delete your User Content from any NG Service, National Geographic’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in National Geographic’s back-up copies of the applicable NG Service, which are not publicly available. Furthermore, to the extent that National Geographic made use of your User Content before you deleted it, National Geographic will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from NG Services will not result in, and National Geographic assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from NG Services, and (ii) termination of your account or your use of the NG Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

SPECIFIC GUIDELINES FOR THE YOUR SHOT COMMUNITY

Notwithstanding the terms above, National Geographic may only use Your Shot™ and My Shot™ content posted by you, without compensation to you, in any NG Products that feature Your Shot™ or My Shot™ content posted by you in the context of, or in the promotion of the Your Shot™ and My Shot™ communities, respectively, or successor sections or communities of the services.

National Geographic may exercise its rights to use Your Shot™ and My Shot™ content posted by you in NG Products other than described immediately above (e.g., a book or e-book, merchandise, mobile App etc.), and National Geographic will pay you at National Geographic’s predetermined rates. Provided, however, any payment to you is conditioned upon your keeping your registration information up to date and your completion of any paperwork that National Geographic requires to make payment to third parties. National Geographic also reserves the right to not make payment to you for such use if National Geographic reasonably believes that to do so would violate applicable law or if your submission is in violation of this Agreement.

REMOVAL OF MATERIAL THAT INFRINGES COPYRIGHTS

National Geographic respects the intellectual property of others and requires that our users do the same. National Geographic has a policy that provides for the termination in appropriate circumstances of users and account holders of NG Services who are repeat infringers. National Geographic also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

If you believe materials on the NG Services infringes your copyright.

If you believe that any materials residing on or linked to from NG Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the NG Copyright Agent: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit National Geographic to locate the material on the NG Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit National Geographic to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. National Geographic's Copyright Agent for notification of a claimed infringement can be reached as follows: Copyright Agent, National Geographic Kataryna DeLisle; Facsimile: (202) 912-3239; Phone: (202) 912-6623. Please be sure to send the notification to the attention of the NG Site on which your claimed infringement occurred. If you wish to notify the National Geographic Copyright Agent electronically, please submit an email to NGPLegal@natgeo.com.

If you posted materials to an NG Service that was removed due to notice by a copyright owner.

If you posted materials to the NG Services that National Geographic removed due to a notice of a claimed infringement from a copyright owner, National Geographic will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on NG Services or by written or electronic communication to such address(es) you have provided to National Geographic, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) 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; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which National Geographic is located, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.

Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

THIRD-PARTY LINKS AND SERVICES

The NG Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, "Third-Party Services"). When you engage with a Third-Party Service, you are interacting with the third-party, not with National Geographic. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service's privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. National Geographic is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the NG Services does not imply approval or endorsement of the Third-Party Service. National Geographic is not responsible for the content or practices of any websites other than the NG Services that link to this Agreement, even if the website links to the NG Service and even if it is operated by a NG Affiliate or a company otherwise connected with National Geographic. By using the NG Services, you acknowledge and agree that National Geographic is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than NG Services. When you access Third-Party Services, you do so at your own risk. National Geographic encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to any NG Site, you must contact and obtain consent from the applicable NG Site by sending an email to NGPLegalAffairs@natgeo.com. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of National Geographic, including its respective employees, agents, directors, officers or shareholders.

SWEEPSTAKES AND/OR CONTESTS

Sweepstakes, contests, games and other promotions run on the NG Services by National Geographic may require you to provide some information such as full name, zip code, e-mail address, and phone number, in order to participate. National Geographic may use a reputable third-party, selected by, but not affiliated with National Geographic, to manage and administer some or all of its sweepstakes, contests, games and other promotions. This third-party may have access to some or all of the information that you provided in order to participate in the sweepstakes, contests, games or other promotion. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. National Geographic requires proof of age in order for an individual to collect any prizes awarded.

MEMBER DISPUTES

You are solely responsible for your interactions with other National Geographic users and visitors, providers of Third-Party Services, Processors or any other parties with whom you interact on, through or in connection with the NG Services. National Geographic reserves the right, but has no obligation, to become involved in any way with these disputes.

PRIVACY

Use of the NG Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

DISCLAIMERS

THE NG SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND NATIONAL GEOGRAPHIC DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE NG SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL GEOGRAPHIC EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NATIONAL GEOGRAPHIC MAKES NO WARRANTY THAT YOUR USE OF THE NG SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE NG SERVICES WILL BE CORRECTED, THAT THE NG SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE NG SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL NATIONAL GEOGRAPHIC OR OUR NATIONAL GEOGRAPHIC AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE NG SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE NG SERVICES, ATTENDANCE AT AN NATIONAL GEOGRAPHIC EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE NG SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE NG SERVICES, OR THE CONDUCT OF ANY USERS OF THE NG SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE NG SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE NG SERVICES.

User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of National Geographic or of our NG Affiliates.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL GEOGRAPHIC NOR OUR NG AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE NG SERVICES, EVEN IF NATIONAL GEOGRAPHIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL GEOGRAPHIC AND OUR NG AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NATIONAL GEOGRAPHIC, FOR THE NG SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF NATIONAL GEOGRAPHIC’S ACTS OR OMISSIONS OR YOUR USE OF NG SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE NG SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NATIONAL GEOGRAPHIC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

UNITED STATES JURISDICTION

National Geographic provides the NG Services in the United States of America. National Geographic does not represent that the NG Content, NG Services are appropriate (or, in some cases, available) for use in other locations. If you use the NG Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the NG Services.

Not all of the NG Services are available worldwide or nationwide, and National Geographic makes no representation that you will be able to obtain any NG Services in any particular jurisdiction, either within or outside of the United States.

U.S. EXPORT CONTROLS

Software available in connection with the NG Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the NG Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

ARBITRATION AGREEMENT

(1) National Geographic, including our NG Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and National Geographic, regarding any aspect of your relationship with National Geographic, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and National Geographic agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and National Geographic, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and National Geographic in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any products or services provided by National Geographic, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and National Geographic retains the right to sue in small claims court and (ii) each of you and National Geographic may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and National Geographic also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and National Geographic (see paragraph 9 of this Arbitration Agreement below). There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.

(3) Any arbitration between you and National Geographic will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and National Geographic cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of National Geographic and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-minimum-standards/. The arbitrator is bound by the terms of this Arbitration Agreement.

(4) If either you or National Geographic wants to arbitrate a Dispute, you or National Geographic must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the NG Service to which the Notice relates, and the relief requested. Your Notice to the National Geographic must be sent by mail to Arbitration Notice of Dispute, c/o Business and Legal Affairs, Litigation VP, 1145 17th Street NW, Washington, DC 20036. The National Geographic will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.

If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the National Geographic at the address listed above to which you sent your Notice of Dispute.

(5) You and the National Geographic acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND NATIONAL GEOGRAPHIC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the National Geographic will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 8 below.

(6) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against National Geographic, you and the National Geographic acknowledge and agree to abide by the following:

  • If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), National Geographic will pay the filing fee on your behalf or reimburse your payment of it.
  • If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but National Geographic will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
  • National Geographic and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. National Geographic will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
  • National Geographic and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

(7) Regardless of how the arbitration proceeds, each of you and National Geographic shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(8) Each of you and National Geographic may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if National Geographic failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than National Geographic’s highest settlement offer, then National Geographic will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If National Geographic wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order National Geographic to pay any monies to or take any actions with respect to persons other than you, unless National Geographic explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless National Geographic expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

(10) You and National Geographic agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

(11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against National Geographic must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

GOVERNING LAW

This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and National Geographic agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement or the NG Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE NG SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

INDEMNITY

You agree to indemnify and hold National Geographic, its NG Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your use of the NG Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the NG Services.

UNSOLICITED SUBMISSIONS

National Geographic does not knowingly accept, via the NG Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. National Geographic requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any National Geographic or NG Affiliate creative work, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to National Geographic via the NG Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and National Geographic; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by National Geographic (and are not User Content licensed by you to National Geographic under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as National Geographic sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against National Geographic or NG Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

EMPLOYMENT OPPORTUNITIES

National Geographic may, from time to time, post National Geographic employment opportunities on the NG Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to National Geographic in response to employment listings, you are authorizing National Geographic to utilize this information for all lawful and legitimate hiring and employment purposes. National Geographic also reserves the right, at its sole discretion, to forward the information you submit, to its NG Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the NG Services will constitute a promise by National Geographic to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the NG Services constitute a promise that National Geographic will review any or all of the information submitted to it by users of the NG Services.

OTHER

The failure of National Geographic to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices the National Geographic may be required by Applicable Law to send to you will be effective upon National Geographic’s sending an e-mail message to the e-mail address you have on file with National Geographic or publishing such notices on the informational page(s) of NG Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and National Geographic as a result of this Agreement or your use of the NG Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits National Geographic’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NG Services or information provided to or gathered by us in connection with such use.

If you would like to contact any NG Site with any questions regarding this Agreement, please contact us at NGPLegalAffairs@natgeo.com.

Privacy Policy

1. SCOPE AND APPLICATION

National Geographic Partners, LLC, a joint venture of the National Geographic Society and 21st Century Fox (collectively, “National Geographic,” “we” or “our” or “us”), understands the importance of our customers’ privacy. This Privacy Policy describes the treatment of information we collect from and about you when you visit our websites or use our services that contain a link to this Privacy Policy or otherwise refer to or provide the URL to this Privacy Policy (collectively, the “Services”). Our Privacy Policy also describes other sources we use to obtain information about you; tells you how we use, share and protect your information; and what choices you have about how your information is used.

Except as to those National Geographic sites and apps directed to children, including www.nationalgeographic.com/kidswww.littlekids.nationalgeographic.com, and certain online features specifically designed for children, all other content, products and Services are intended for general audiences and are NOT directed to children. We do not knowingly permit children under age 13 to register for any content, product or Service. We do not knowingly collect, use or disclose personal information about users under age 13, except as permitted by law. In recognition of the need to provide additional privacy protections for children, we have a separate privacy policy that applies to those sites and apps that are directed to them. To read the Kids' privacy policy, please click here.

This Privacy Policy does not apply to the genetic information (i.e., information generated by sequencing a person’s DNA) of participants in the National Geographic Genographic Project. If you are interested in information about or participating in the National Geographic Genographic Project, please review the Product Terms, Privacy Policy and FAQs available on https://genographic.nationalgeographic.com.

For purposes of this Privacy Policy, “personal information” means information that identifies a specific person, such as full name or email address. When other information, such as email newsletter choices, magazine or product purchases, or consumer product preferences, is associated with personal information, this other information will also be treated as personal information under this Privacy Policy.

2. COLLECTION OF INFORMATION

Information You Provide Directly to National Geographic

If you are interested in obtaining information, products or services from National Geographic, or participating in certain activities through the Services, you may need to provide us or our service providers with information about yourself. For example:

  • If you register for a Service to become a member, receive a newsletter, or get information about National Geographic promotions or events, you may be asked for your name, email address, mailing address, phone number and other information.
  • If you order a product from us or one of our business partners, you may be asked for your name, postal address, email address, telephone number and your credit card number.
  • If you are ordering a product as a gift for another person, you may be asked for that person’s name, postal address and phone number in order to enable us to deliver the gift to the recipient.
  • If you participate in an activity such as a survey or sweepstakes, you may be asked for your name, email address and birth date, and also to provide other types of information such as gender and personal interests, which may be associated with personally identifiable information that has been obtained from or about you.

Information We May Collect Automatically

In addition to information you choose to provide to us, National Geographic and our service providers also use standard technologies to automatically collect certain additional information. For example:

  • IP Address and Other Identifiers. When you access and interact with our Services, National Geographic and our service providers may collect information about your visits in order to permit you to connect to and obtain the Services and to understand the frequency with which specific visitors visit various parts of our Services. For example, we may collect your Internet Protocol (“IP”) address, which identifies the computer or service provider that you use to access the Services, or information about your browser type, authentication identifiers, and other software and hardware information. If you access the Services through a mobile or other device we may collect your mobile device identifier, geolocation data (including your precise location), or other transactional information for that device. We may combine this information with other information that we have collected to make our Services and our communications to you more targeted to your interests.
  • Social Media Information and Content. If you access or log into a Service through a social media service or connect a Service to a social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service. When you access the Services through social media services or when you connect a Service to social media services, you are authorizing National Geographic to collect, store, and use such information and content in accordance with this Privacy Policy.
  • Cookies. Our Services may also use cookies. Cookies are small text files that are stored on a user’s computer and allow websites to remember information about users. We and our service providers use cookies for a variety of purposes in order to enhance the quality of our sites. We use transient (also called “session ID”) cookies to provide continuity from page to page. A session ID cookie expires when you close your browser. We also use persistent cookies. Persistent cookies allow our online store and certain other parts of our site to recognize your browser when you return after your first visit to that part of our site. Cookies allow us to personalize your return visits to our site and to save you time during certain activities, such as checking out from our online store. You have the choice to set your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.) You can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. It is up to you whether to allow us to send you cookies. However, if you do not accept cookies from us, your ability to use some aspects of our Services will be limited, such as our shopping cart feature or online games.
  • Web beacons and other tracking technologies. The Services may use other tracking tools, including so-called “pixel tags,” “web beacons,” “web bugs,” “clear GIFs,”etc. (collectively “Web Beacons”) to collect user activity information about your activities on the Services. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like cookies, Web Beacons enable us to track pages and content (including ads) accessed and viewed by users. Also, when we send HTML-formatted (as opposed to plain text) emails to you, Web Beacons may be embedded in such emails to allow us to monitor readership levels so that we can identify aggregate trends and individual usage to provide our audiences with more relevant content or offers. Web Beacons in emails may recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

Information Contained in User Content

Some parts of our Services may allow users to post or transmit messages, comments, screen names, computer files and other materials. If you choose to make personal information public through these Services, National Geographic will consider that information public and will not limit its use or disclosure in the manner described in this Privacy Policy.

Information from Other Sources

National Geographic and our service providers may supplement the information we collect from and about you with information from other sources, such as publicly available information from social media services, commercially available sources and information from NatGeo Affiliates or business partners.

Third-Party Online Advertising

Some of the advertisements you see on the Services are delivered by third parties who also collect information through cookies, web beacons, and other technologies that collect information about your online activities on this and other websites and apps (on any of your devices) in an effort to deliver advertisements that are tailored to your interests. These third parties also may use information about you that we provide, such as your age, gender, or interests, or the features within the Services that you use or information on the different devises you use and your activity on such device, to target and serve advertisements to you and to analyze the delivery of advertisements on the Services. However, we will not provide personal information about you to these companies, except as permitted under this Privacy Policy.

Third parties currently serve ads on our Services, and thereby may collect information about your online activities to deliver tailored ads. These companies may offer you a way to choose not to have your information used for advertising purposes. These and other third-party companies may also be members of the Network Advertising Initiative ("NAI"), which offers a single location to opt out of receiving tailored ads from member companies. To opt out or to obtain information about the technologies member companies use or their own privacy policies, please visit the NAI consumer opt out page. Also, through the Digital Advertising Alliance ("DAA"), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different desktop and mobile web browsers and apps. To make choices about interest-based ads from participating third parties, please visit the DAA consumer opt out page. You may download the AppChoices app at www.aboutads.info/appchoicesto opt-out in mobile apps.

Do Not Track Signals

California Law requires us to disclose how we respond to “Do Not Track” signals. At this time, we do not respond to browser ‘Do Not Track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted.

3. USE AND DISCLOSURE

National Geographic and our service providers may use information that we collect from and about you for a variety of business purposes, including:

  • to maintain and manage your account, deliver content and services that you request, and enhance your experience on our Services;
  • to process and track your product or service orders and provide the Services and content you request;
  • to communicate with you about the content and Services or other products, content or services in which you may be interested, or to respond to your inquiries or comments;
  • to offer you branded or co-branded services, products, or features, such as travel services and products;
  • to deliver relevant advertising;
  • to perform business analyses or for other purposes to improve the quality of our business, the Services, and the products and services we offer; or
  • in accordance with your consent.

In order to make our content, Services and advertising more interesting and relevant to you, we may use the information we collect from and about you to make inferences and predictions about your potential areas of interest. When the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with third parties, to the extent permitted by applicable law.

We will use and share your personal information as described in this Privacy Policy, including:

  • with entities that help us to manage and provide the Services, including development of our websites and applications, maintenance and support, personalization, payment processing, email distribution, measurement and improvement, sweepstakes/contest administration, booking, fulfillment, and operation of travel services and products, and promotions management, only to the extent that these entities need the information to perform their services or as required by law;
  • with the corporate affiliates of the National Geographic Partners and 21st Century Fox (collectively “NatGeo Affiliates”), National Geographic Society and entities that are authorized to use the National Geographic name to brand their products or services (such as National Geographic tour expeditions, the National Geographic MasterCard, and the National Geographic holiday greeting card program). A link to a website that lists NatGeo Affiliates can be found at www.21cf.com;
  • with identified entities whose products or services you specifically use or request to receive while you use the Services;
  • with our business partners, such as travel operators. Their use of your personal information will be governed by their own privacy policies;
  • with third parties in in the ordinary course of business in order to process your requests and fulfill your orders for video content offered through the Services;
  • with other selected third parties so that they may send you promotional materials about goods and services that they offer. You have the opportunity to opt out of our sharing information about you as described below in the section entitled “User Access and Control”;
  • in response to legal process and when we believe that doing so is required by law, may be necessary to protect any person’s property, rights, or safety, or to investigate a potential violation of law, will help to enforce any terms of use or other legal agreement, or in the event of a corporate transaction, such as a divestiture, merger, consolidation, bankruptcy or asset sale;
  • in accordance with your consent.

When information we collect is aggregated, anonymized or otherwise does not identify you, we may use that information for any purpose or share it with third parties, to the extent permitted by applicable law.

4. INFORMATION SECURITY

We take a number of commercially reasonable administrative, technical, personnel and physical steps to safeguard information in our possession from loss, theft and unauthorized use, disclosure or modification. However, no method of transmitting or storing electronic data is ever completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed, used or released in a manner that is inconsistent with this Privacy Policy.

We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

5. USER ACCESS AND CONTROL

You may opt out of having your personal information used or disclosed for certain purposes.

  • You can opt out of receiving promotional communications from National Geographic by contacting us at:

National Geographic Partners, LLC
Attn: Marketing Services - Privacy
1145 17th Street NW
Washington, DC 20036-4688
Telephone: 800-NGS-LINE (800-647-5463)
TDD: 800-548-9797
Outside the United States and Canada: 813-979-6845

  • If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these emails be clicking “Unsubscribe” or “Update my Preferences” at the bottom of any marketing email you receive.
  • If you continue to receive our communications in error after expressing an opt-out preference, please let us know so that we can investigate the situation.
  • If you are under 18 and a registered user of the Services, you may request removal of content or information that you have publicly posted to the Services. To make such a request, please go to http://help.nationalgeographic.com/customer/portal/emails/new?t=638080. Please identify “privacy” as the subject matter of your request and select “User Content Removal” as the option that best describes your type of inquiry. Please also provide your name, email address, and a detailed description of your content removal request in the designated spaces. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user. There may also be circumstances where the law does not allow removal of your content even if requested.
  • You may request that we not share your personal information on a going-forward basis with National Geographic affiliates or unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by visiting us online at www.ngprefs.com/general, or by contacting us using one of the methods below:
    • By telephone toll-free – U.S. and Canada only: 1-800-647-5463; Outside the U.S. and Canada +1-813-979-6845
    • Or send us a letter with your request to:

National Geographic Partners LLC
Attn: Marketing Services – Privacy
1145 17th Street, NW
Washington, D.C. 20036-4688

We will try to comply with your request(s) as soon as reasonably practicable. Please note that we are not required to respond to a customer's request more than once in a calendar year, nor are we required to respond to any request that is not sent through one of the methods designated above.

Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements.

6. OTHER IMPORTANT INFORMATION

Third Party Sites

If you click on or interact with a hyperlink or advertisement that you find on the Services, you may leave our Services or send information to a different website or application. Our Privacy Policy does not apply to your interactions with third-party websites or mobile apps, even if you find a link to them on or access them through our Services, and so you should read the privacy policy of the third-party provider to see how your personal information will be treated on its site. We have no control over such third-parties, their Internet sites, or their products or services.

Payment Services

In some cases, we may use an unaffiliated payment service to enable you to purchase a product or make payments on a third party payment service provider website (“Payment Service”). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a page operated by that Payment Service. Any information that you provide to a Payment Service will be subject to the applicable Payment Service's privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any Payment Service's use of information collected through any Payment Service.

Visiting Our Services from Outside the United States

Please be aware that your personally identifiable information may be accessed from, transferred to, processed, and stored in any country where we have facilities or engage service providers. By using the Services or providing us with any personal information through the Services, you consent to the transfer, processing and storage of your personal and non-personal information in countries outside your country of residence, including the United States, where the data protection and other laws might be different from those in your country. This includes the use of cookies and other tracking technologies as described above. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your personal information. As a result, please read this Privacy Policy with care.

Changes in this Privacy Policy

We may amend this Privacy Policy at any time by posting the most recent version of the Policy on the Services, along with an indication of the date on which the Policy was amended most recently. If we make any material changes in the way we collect, use, and/or share personally identifiable information that we collect about you through the Services, we will provide appropriate notification to you.

7. CONTACT US

If you want to access and correct your personal information, or have questions or wish to send us comments about this Privacy Policy, please write us at:

National Geographic Partners, LLC
Attn: Marketing Services - Privacy
1145 17th Street NW
Washington, DC 20036-4688

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.



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