The Service is operated and provided to you by Discovery Networks Asia-Pacific Pte. Ltd, registered in Singapore with company number 201117439N whose registered office is at 21 Media Circle #08-01, Singapore 138562 (“Discovery”, "we", "us, "our").
By accessing, installing or using the Service, you confirm that you are 18 years old (or, if higher than 18 years old, the age of majority in your territory of residence) or over.
1. Access to the Service
1.2 You must be aged 18 years (or the age of majority in your territory of residence if more than 18 years old) or more to access, use or install the Service.
1.3 Some features and Content may only be available to you if you register an account or have an existing account (“Discovery Account”), and use your account details to sign into the Service.
2. Your Discovery Account
2.1 When creating your Discovery Account, you must provide accurate and complete information.
2.2 You are responsible for your Discovery Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your username and password to any other person. You agree to notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your password or username.
3. Supported devices and updates
3.1 Availability of the Service, your Discovery Account and Content depends on the quality of your internet connection and device capabilities.
3.2 Some features may not be available on all devices.
3.3 To get the best experience, we recommend that you accept any updates to the Service as and when they become available. This may also require you to update your device operating system.
4. Your data usage
You are responsible for all internet access, mobile data or other charges incurred when using the Service. Remember that streaming and downloading audio-visual content such as videos can use up a lot of data.
5. Changes to the Service
We may make changes to or discontinue the Service at any time without prior notice to you. For example, there may be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also update or upgrade the Service from time to time.
6. Changes to the Content
You acknowledge and agree that the Content is variable and will change from time to time without notice. In particular, the availability of Content may change from time to time (for various reasons, such as where relevant third party rights-holders withdraw or restrict our right to use that Content on the Service). We therefore have the right to add or withdraw Content at any time, with or without notice.
8. Ownership of Content
8.1 All Content on the Service is either owned by or licensed to Discovery and/or its group companies, and is subject to copyright, trade mark rights, and other intellectual property rights of Discovery and/or its group companies, or their licensors.
8.2 Any third party trade or service marks present on Content are trade or service marks of their respective owners.
8.3 Discovery and/or its group companies, and their licensors, reserve all rights not expressly granted in and to their Content.
9. Your use of the Service
9.2 You must use the Service in accordance with all applicable laws, rules and regulations, and any other restrictions on your use of the Service or the Content.
10. USER CONTRIBUTIONS TO OUR SERVICES
PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.
10.1 We may now or in the future enable users to transmit and/or submit contributions (including without limitation any text, photographs, graphics, video or audio material) to our Services (user Contributions).
10.2 Whenever you make use of a feature that allows you to submit user Contributions or to make contact with other users of our Services, you must comply with the content standards set out in these terms. You promise that any user Contribution complies with these terms and you will fully reimburse us for any costs arising from breach of your promise.
11. You remain the owner of the copyright in any original user Contribution that you submit. By submitting any user Contribution to any of our Services (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any user Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such user Contribution so that we and any successor may use the user Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such user Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
14. The permission you have granted to us is not exclusive and therefore you may continue to use the user Contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
15. You authorise us to grant and we hereby grant to each user of our Services a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your user Contributions to our Services through our Services and otherwise to use such user Contributions as permitted through the functionality of our Services and in accordance with these Terms.
16. You shall be solely responsible for your user Contributions and the consequences of submitting them to our Services. You promise that:
(a) the user Contribution is your own original work and you own the entire right, title and interest in and to the user Contribution and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such user Contribution to enable us to use the user Contribution in the manner contemplated by these Terms;
(b) nothing in the user Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, a falsehood, may potentially wound the religious or racial feelings of any person, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, constitutes election advertising or political campaigning, publishes personal information with intention to cause harassment, alarm, distress or the fear of violence (of the facilitation of violence), violates any law or regulation or encourages conduct that would amount to a criminal offence or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any applicable law or regulation;
(c) you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your user Contribution or in connection with your use of our Services, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 18), firm or enterprise to do so;
(d) the user Contribution does not contain any virus, corrupt file, cancelbot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(e) you shall not forge any TCP/IP packet header or part of the header information in any user Contribution for any reason;
(f) you shall not submit any material or perform any actions that result in the transmission of junk email, chain letters, surveys, contests, multi-level marketing schemes and pyramid selling schemes, duplicative or unsolicited messages or so-called “spamming” and “phishing”; and
(g) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any user Contribution.
17. You hereby waive all moral rights or similar rights (e.g. the right against false attribution of authorship) now existing or created in the future in any part of the world in respect of any user Contribution and grant to us the non-exclusive, royalty-free worldwide right to use any name,
user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.
18. You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licences and rights granted under these Terms.
19. All user Contributions will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or any other applicable law or regulation.
12. Service-specific Terms:
You may be asked to agree to additional terms and conditions ("Additional Terms and Conditions") when using specific Services, for example, before entering competitions or prize draws promoted by us or our partners, submitting materials, subscriptions, purchasing content or other goods via the Services, or using any of our applications which may be available, for example on social media platforms or via a mobile handset.
14. Ending your right to use the Service
14.2 We may decide to discontinue any part of the Service or (if applicable) any Discovery Account at any time.
14.3 We will terminate or suspend your access to the Service and/or (if applicable) to your Discovery Account if we have notified you more than twice that you are carrying out an infringing activity.
15. Our liability to you
15.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents.
15.3 To the extent permitted by applicable consumer protection laws and/or as far as it is reasonable to do so, we are not responsible for:
(a) any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
(b) any use of the Service or Content which isn’t authorised by us;
(c) any malfunction or interruption to the Service or Content due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
(d) errors, viruses or bugs present in or arising from your use of the Service or Content;
(e) incompatibility of the Service or Content with any other software or hardware (including any of your devices);
(f) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; and
(g) any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
15.6 We can't guarantee that the Service or the Content will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues we will always try to fix them.
15.7 Please note that we are not responsible for any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the Service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.
16. Advertising and third party websites
16.1 The Service and Content may contain advertisements. We are not liable to you for any reliance placed by you on the completeness, accuracy or existence of any advertising on the Service and Content.
16.2 The Service may include hyperlinks to other web sites that are not owned or controlled by Discovery. Discovery has no control over, and assumes no responsibility for, the availability of or content, privacy policies, or practices of any third party websites.
16.3 You acknowledge and agree that Discovery is not liable for any loss or damage which may be incurred by you as a result of the availability of external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
If you have registered a Discovery Account, we will send you information relating to your use of the Service (and if applicable your Discovery Account) (e.g. changes in password, confirmation messages, content and feature updates and other service or transactional messages) by in-Service message or email to the email address provided during sign up. If you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages.
18. Transfer of rights
To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.
21. Governing law
If you have any complaint please speak to us first, by contacting us using the details below. We do not currently use alternative dispute resolution ("ADR"), as a means of settling consumer complaints.
23. Contacting us
If you have any queries relating to this Terms And Condition, please contact our Privacy Office and Grievance Officer at DPO@discovery.com.