Welcome to livingchannel.co.nz, one of the family of educational and entertainment-oriented sites brought to you by Discovery Networks Asia-Pacific Pte. Ltd. (“Discovery”), part of the Discovery Communications Inc. group of companies. These terms and conditions (“Terms”) are the terms and conditions on which we make the Discovery Sites available to you. By accessing and using these sites you agree to be bound by these Terms. If you do not accept them, please do not use the Discovery Sites.
These Terms do not apply to Discovery’s US sites and we recommend that you review the privacy policies and terms and conditions on any such US sites that you visit.
This particular site may not have all of the features discussed in these Terms. Additional terms and conditions may also apply to some services offered on the other Discovery Sites or to particular services offered on this site. Such additional terms and conditions may be found at the place where the service is offered, but are expressly included in these Terms with the exception of terms and conditions applying to competitions.
The Web is an evolving medium; we reserve the right to make changes to the Terms from time to time in our sole discretion. By continuing to use any of the Discovery Sites after we post any such changes, you accept the Terms as modified.
Your Use Of The Discovery Sites
You agree that you will only use the Discovery Sites in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations.
You agree to indemnify, defend and hold harmless Discovery and its affiliates and associated companies and their officers, directors, employees, agents, licensors and suppliers, immediately on demand from and against any and all losses, expenses, damages and costs (including any administrative or technical charges or reasonable legal fees) resulting directly or indirectly from any use by you of the Discovery Sites in breach of these Terms or any activity related to your account or your use of the Discovery Sites, including negligent or wrongful conduct by you or any other person accessing any Discovery Site using your account.
Our Intellectual Property Rights
The Internet allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us.
Although we make the Discovery Sites freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the Discovery Sites are and remain the property of Discovery and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights or the Discovery Sites. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the Discovery Sites or anything retrieved or downloaded from them.
You are free to display and print for your own personal, non-commercial use information you access or receive through the Discovery Sites. But you may not otherwise copy, save, modify, reproduce or republish the Discovery Sites or any of the software or other materials contained on them without our express written permission (except to the extent necessarily required in order for you to use and navigate the Discovery Sites). You may not distribute, transmit or communicate to the public the Discovery Sites or any materials found on them (including copies thereof) in any form (including by email or other electronic means) without our express written permission. You agree not to de-compile, reverse engineer, disassemble, rent, lease, loan, sub-license or create derivative works from the Discovery Sites. Requests for permission to use the Discovery Sites other than as set out above may be sent to the webmaster either by email or at the address below. Of course, you are free to encourage others to access the information themselves on the Discovery Sites, and to tell them how to find it.
We don’t want anyone to be confused as to which materials and services are provided by Discovery and which are not. You may not use any trademark or service mark appearing on the Discovery Sites without the prior written consent of the owner of the mark. Discovery, Discovery.com, Discovery Channel, Discovery Channel Online, Discovery Home & Health, Discovery School, Animal Planet, Discovery Real Time, Discovery Science, TLC and the Discovery logos, and all of the logos associated with any of the foregoing products and services, are trademarks and/or service marks of Discovery.
Linking And Framing
We welcome links to the Discovery Sites. You are free to establish a hypertext link to any of the Discovery Sites provided that: (i) you give us prior notice in writing of any such link; (ii) you link only to the home page of the relevant Discovery Site; (iii) you do not remove or obscure any advertisements, copyright notices or other notices on the Discovery Sites; (iv) the link does not state or imply any sponsorship or endorsement of your site by any of the Discovery Sites or Discovery, and (v) you immediately stop providing any links to the Discovery Sites on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
You may not frame any of the content of the Discovery Sites, or incorporate into another web-site or other service any intellectual property of Discovery or any of its licensors or as otherwise contained the Discovery Sites.
Chat Rooms, Forums And Other Materials Posted By You
Discovery wants to encourage an open exchange of information and ideas. But we do not review postings made in any chat rooms, forums and other public-posting areas on the Discovery Sites. You can expect these areas to include information and opinions from a variety of individuals and organisations other than Discovery. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a user, from a celebrity or “”expert”” guest, or from a member of our staff. There is no substitute for healthy scepticism and your own good judgement.
Responsibility for what is posted in the chat rooms, forums and other public-posting areas on the Discovery Sites lies with each user you alone are responsible for material that you post.
By using the Discovery Sites, you agree not to post or transmit any material that, in our judgement, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others (including their intellectual property rights) or contains any virus or other computer programming routine which may interfere with or damage the Discovery Sites or otherwise impinges on the ability of others to use or enjoy the same.
The chat rooms, forums and other public-posting areas on the Discovery Sites are to be used in a non-commercial manner. You agree not to use the Discovery Sites to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind.
You may elect not to have your email address or other personal information displayed alongside your posting. However, you are responsible for any personal information that you include as part of any posting.
If you are below 18 years old, Discovery encourages you to get permission from your parents before using the Discovery Sites and posting or sending personal information about yourself (such as your name or your email address) to us or anyone else.
You may not permit any other person to access any features of the Discovery Sites that may require registration using your account. You warrant that all information provided by you when registering to use any chat room, forum or other public posting area on the Discovery Sites is true and accurate in all respects.
By submitting material to the Discovery Sites, you represent that you are the owner of such material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of these Terms, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
We reserve the right (but assume no obligation) to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the Discovery Sites.
By submitting any material to any of our chat rooms, forums and/or other public-posting areas, you agree that we can use that material as we see fit and may reproduce, modify and/or distribute the same in any medium and for any purpose. You warrant that all moral rights in any material that you submit to us have been and are hereby waived.
From time to time, users may post their email addresses in our chat rooms, forums and other public-posting areas. You agree not to gather these email addresses for purposes of spamming, that is, sending unsolicited email.
From time to time Discovery may launch competitions on the Discovery Sites. In such a case, an independent and specific set of terms and conditions will apply and a link will be made available to such terms and conditions at the place where users enter the competition.
Disclaimer And Exclusion Of Liability
We work hard to make the Discovery Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Discovery Sites.
YOU AGREE THAT YOUR USE OF THE DISCOVERY SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE DISCOVERY SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. WHILST WE WILL ENDEAVOUR TO MAINTAIN THE DISCOVERY SITES, WE CANNOT GUARANTEE THAT THEY WILL ALWAYS BE FULLY OPERATIONAL OR ERROR-FREE. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND OR DISCONTINUE THE DISCOVERY SITES, OR ANY PART OF THEM, AT ANY TIME.
THE MATERIAL THAT APPEARS ON THE DISCOVERY SITES IS FOR INFORMATIONAL PURPOSES ONLY. DESPITE OUR EFFORTS TO PROVIDE USEFUL AND ACCURATE INFORMATION, ERRORS MAY APPEAR FROM TIME TO TIME. BEFORE YOU ACT ON INFORMATION YOU HAVE FOUND ON THE DISCOVERY SITES, YOU SHOULD CONFIRM INDENPENDENTLY ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. DISCOVERY AND ITS INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF THE INFORMATION ON THE DISCOVERY SITES. IF YOU RELY ON ANY DISCOVERY SITE OR ANY MATERIAL AVAILABLE THROUGH THE DISCOVERY SITES, YOU DO SO AT YOUR OWN RISK .
THE DISCOVERY SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. DISCOVERY AND ITS AFFILIATES, ASSOCIATED COMPANIES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE DISCOVERY SITES, NOR DO THEY GUARANTEE THAT THE DISCOVERY SITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE DISCOVERY SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE DISCOVERY SITES.
UNDER NO CIRCUMSTANCES SHALL THE DISCOVERY SITES, DISCOVERY OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM THEIR OWN NEGLIGENCE, FOR ANY CLAIMS, LOSSES, DEMANDS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE DISCOVERY SITES. THIS EXCLUSION SHALL APPLY TO ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF CONTRACTS OR BUSINESS OPPORTUNITIES, INTERRUPTION OF SERVICES OR LOSS OF DATA, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIABILITY OF DISCOVERY AND ITS AFFILIATES, ASSOCIATED COMPANIES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DISCOVERY SITES (OTHER THAN FOR DEATH OR PERSONAL INJURY ARISING OUT OF THEIR OWN NEGLIGENCE) SHALL NOT EXCEED THE AMOUNT YOU PAID TO DISCOVERY FOR THE USE OF THE DISCOVERY SITES.
Links To Other Websites
From time to time we may provide, for your convenience, links to other third party web-sites. We accept no responsibility for any of these web-sites. We will not be a party to any contract or transaction entered into by you with any such third party nor will you involve us in any way in any dispute between you and such third party. A link to another web-site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Discovery or its licensors.
We are not responsible for, and cannot guarantee the performance of, goods and services provided by advertisers on the Discovery Sites or others to whose sites we link.
To obtain access to certain services on the Discovery Sites, you may be given an opportunity to register with the Discovery Sites. As part of any such registration process, you will be asked to input certain data (such as your name, address etc.) and select a user name and a password. You must be at least 13 years old to register on Discovery.com.
You warrant that all information you supply during any such registration process or otherwise on the Discovery Sites will be accurate and complete and that you will not register under the name of, or attempt to enter any Discovery Site under the name of, any other person. Discovery reserves the right to reject or terminate any user name that, in its judgement, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Discovery of any known or suspected unauthorised use of your account.
Please inform Discovery if there is a change in the information you have provided at the time of any registration, including any change of address or name, by returning to the registration screen and resubmitting an updated profile form.
All persons under the age of 18 must obtain the consent of their parents or legal guardian before using the Discovery Sites.
Discovery does its best to ensure that information we post to the Discovery Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted quickly become, well, old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don’t go back and change the original report to reflect new developments. If you’re looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you’re not looking at an out-of-date report.
In the event that any part of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other part of these Terms, which shall remain in full force and effect and shall be construed as if the invalid or unenforceable part were not part of these Terms.
These Terms shall be construed and interpreted in accordance with Singapore law. By using the Discovery Sites, you hereby consent to the exclusive jurisdiction of the English courts in respect of all matters or disputes arising out of or relating to these Terms or any use of the Discovery Sites.
Comments And Complaints
We hope you enjoy using the Discovery Sites, and we welcome suggestions for improvements. If you would like to make any comment on any of the Discovery Sites, or if you have a complaint to make, please contact [email protected]
If you think there are any errors in any material you find on the Discovery Sites, we invite you to bring this to our attention. Please forward a copy of the material which you believe to be incorrect to our Corporate Communications team, along with an explanation of your reasons for believing it to be incorrect.