May 19, 2021
NATIONAL GEOGRAPHIC PARTNERS SUBSCRIBER AGREEMENT
National Geographic Partners, LLC (collectively, “National Geographic”, “we”, “us” “our”) welcome you to the National Geographic Magazine subscription services, which includes your digital and/or print subscription(s) to our National Geographic branded magazines and the National Geographic website, online application (“App”), National Geographic Content (as defined herein) and services (collectively, the “National Geographic Subscription Services”).

PLEASE READ THIS SUBSCRIBER AGREEMENT (“SUBSCRIBER AGREEMENT”, OR “AGREEMENT”) CAREFULLY. THIS AGREEMENT WILL GOVERN YOUR USE OF THE NATIONAL GEOGRAPHIC SUBSCRIPTION SERVICES.

You agree to the Subscriber Agreement by clicking “Agree & Subscribe” or other industry standard mechanism during the National Geographic order and registration process and ratify your agreement when you use any aspect of the National Geographic Subscription Services. If you do not agree to the Subscriber Agreement, you may not use the National Geographic Subscription Services. We may periodically amend any portion of this Agreement, the National Geographic Subscription Services and the terms and conditions of your subscription, including the subscription fees. Any such amendment will be effective thirty (30) days following either our dispatch of email notice to you or posting of the amendment on the National Geographic website. If you do not agree to any change to the Subscriber Agreement, you must discontinue using the National Geographic Subscription Services. Our customer service representatives are not authorized to modify any provision of this Subscriber Agreement, either verbally or in writing.

ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

List of Sections:
  1. User Eligibility and Registration
  2. Subscription Terms
  3. Copyright License Grant and Restrictions
  4. Usage Terms
  5. Suspension and Termination
  6. National Geographic Subscriptions Contact Information
  7. Binding Arbitration and Class Action Waiver
  8. Additional Provisions
  1. USER ELIGIBILITY AND REGISTRATION
    2.
    1. Eligibility. You must be at least 18 years old or the age of majority in your state or territory of residence, to purchase the National Geographic Subscription Services. Individuals under the age of 13 are not eligible for a National Geographic account and are not permitted to provide personal information to National Geographic.
    2. Registration. You must provide accurate, current and complete information during the registration process and keep your account information up-to-date. In particular, you are responsible for notifying us of a change in mailing address to receive delivery of your print subscription. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your National Geographic account. However, if you allow others to access your account, this Agreement, as well as any specific consents you may have provided also applies to their access, use, and disclosure of information. You agree to immediately notify National Geographic of any unauthorized access to your account. National Geographic will not be responsible for any losses arising from the unauthorized use of your account.
    3. Electronic Form/Communications. By registering for an account and/or accessing the National Geographic Subscription Services you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the National Geographic website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing, including renewal notices and notices about your subscription or account. We may rely on the information you provide us and any notice given to the most recent contact details you provide to us will be deemed to be effective notice to you.

  2. SUBSCRIPTION TERMS:
    3.
    1. Subscription and Auto-Renewal. Your subscription to National Geographic Subscription Services may include enrollment into an ongoing/recurring payment plan. Where applicable, your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase (or following any free trial period, if applicable) and at the start of every new billing period, unless cancelled.
    2. Price Changes. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending a notice by email or by post to the email or street address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that notice or as specified below. Provided we have given reasonable notice to your then-current email address registered for your account, if you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period (i.e., your next billing date), your subscription will be renewed at the price in effect at that time at your renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.
    3. Free Trials. Your National Geographic Subscription Services subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription period has begun.
    4. Promotional Offers. Promotional offers may be modified or terminated at any time and are only available on the specified terms of the promotion. Introductory offers are for new subscribers only. Annual subscriptions with promotional pricing will be renewed at the applicable subscription rate. We will attempt to notify you thirty (30) days in advance of your renewal date of the applicable subscription rate by sending a notice by email or by post to the email or street address you have registered for your account. If you do not wish to renew, you may cancel your subscription in accordance with the instructions included in that notice or as specified below. Provided we have given reasonable notice to your then-current email address registered for your account, if you do not cancel your subscription prior to your renewal date (i.e., your next billing date), your subscription will be renewed at the applicable rate, without any additional action by you, and you authorize us to charge your chosen payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.
    5. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date on file. You are responsible for keeping your payment details up to date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date, and CVV (or equivalent). This enables us to continue to provide subscription continuity. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription.
    6. Subscription Obtained Through Third Parties. If you obtain National Geographic Subscription Services via a third party (e.g., an app store, Amazon, magazines.com, or other authorized agents), that subscription is also subject to the third party’s terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable third party’s terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your National Geographic Subscription Services will be billed by the applicable third party using the payment information you have provided to such third party. To cancel National Geographic Subscription Services obtained via a third party, please follow the cancellation instructions set out by the applicable third party or you can visit our Help Center for instructions on how to cancel National Geographic Subscription Services obtained via a third party.
    7. Bundled Subscription Options. We may offer a National Geographic Magazine subscription bundled with other subscription services, including to affiliate or third party products and services. Notice of the terms of the bundled subscription options will be provided to you at the time of purchase. Third party subscriptions, products, and services are governed by terms of use issued by those third parties.
    8. Print Editions. Please allow 4-8 weeks for delivery of the first print edition issue. One year subscription to the National Geographic magazine includes 12 monthly issues; one year subscription to National Geographic Kids includes 10 issues; one year subscription to National Geographic History and National Geographic Little Kids includes 6 bi-monthly issues. Please contact a customer service representative to report missing or damaged issues.
    9. Cancellation and Refund Policy. You may cancel your National Geographic Subscription Services by calling 0800-449-833, sending an email to ngmintl@subscription.co.uk or online at www.ngmservice.com at any time during your subscription or free trial. If you cancel an annual subscription, you will lose access to your digital subscription immediately, we will not send the remaining issues in your print subscription, and you will receive a pro-rated refund for the time remaining in your digital subscription and/or the portion of your print subscription that has not yet been processed for shipping. If your credit card account cannot be credited, we will refund you directly instead. If you cancel a monthly subscription, you will lose access to your digital subscription at the end of the month and will not receive any more print issues that have not yet been processed for shipping at the time of cancellation. Unless required by law, we do not refund or credit for partially used monthly billing periods. If you subscribed via a third party (e.g. an app store, Amazon, magazines.com, or other authorized agent), please follow the cancellation instructions set out by the applicable third party or visit our Help Center for instructions on how to cancel.
    10. Personal Use. All subscription orders, which are discounted from the newsstand price, are for personal use only. Subscription orders for resale or other commercial purpose are prohibited without prior written approval.

  3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS:
    4.
    1. License. Subject to the terms of this Subscriber Agreement, National Geographic grants you a limited, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to make non-commercial, personal use of the National Geographic Subscription Services. This is a license agreement and not an agreement for sale or assignment of any rights or ownership interest in the National Geographic Subscription Services or the National Geographic content, which includes all information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trademarks, service marks, trade names, trade dress, logos, designs, and any other intellectual property, materials or content of National Geographic and NG Affiliates and their licensors and assignors (collectively, "National Geographic Content”). National Geographic Content is owned by National Geographic, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
    2. License Restrictions. You agree as a condition of your license you may not and agree not to:
      1. modify National Geographic Content by removing identification, copyright, or other proprietary notices from National Geographic Content;
      2. copy the National Geographic Content, except as expressly permitted by this Agreement or applicable law;
      3. access or use National Geographic Content in a manner that suggests an association with our products, services, or brands;
      4. use National Geographic Content for any commercial or business-related use or in any commercial establishment or area open to the public or build a business utilizing the National Geographic Content, whether or not for profit;
      5. create derivative works of any National Geographic Content, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by application law;
      6. access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the National Geographic website, App or National Geographic Content using a robot, spider, scraper, or other automated means or manual process without our express written permission;
      7. circumvent or disable any content protection system or digital rights management technology used in connection with the National Geographic website or App to control access to the National Geographic Content;
      8. rebroadcast, transmit or perform the National Geographic Content available via the National Geographic website or App;
      9. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the National Geographic website or App;
      10. damage, disable, overburden or impair the National Geographic website or App;
      11. use National Geographic Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Subscriber Agreement;
      12. share your login credentials with third parties; or
      13. otherwise allow third parties to violate the above restrictions.
    3. Violations. Any attempt to perform any of the restrictions listed in Section 3(b) is a violation to the rights of National Geographic, and the copyright holder, if different.

  4. USE AND SHARING OF CERTAIN INFORMATION:
    5.
    1. For more information about our collection, use, and sharing of your information please refer to our PRIVACY POLICY, which is incorporated herein by reference.
    2. National Geographic reserves the right to, and you agree National Geographic may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of the law.

  5. SUSPENSION AND TERMINATION:
    6.
    You agree that National Geographic may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the National Geographic Subscription Services and to any National Geographic Content, if we believe you are using or have used the National Geographic Subscription Services in violation of this Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your National Geographic account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your account has been created fraudulently, your account has been accessed fraudulently, or anyone uses your account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. National Geographic also reserves the right, after notice to you, to terminate any National Geographic account that remains inactive for one year (failure to log into your National Geographic account will constitute inactivity for purpose of this Agreement).

    You agree that National Geographic will not be liable to you or any third party for any such restriction, suspension, or termination of your access to National Geographic account or National Geographic Content.

    In the event that we exercise a right to unilaterally modify this Agreement, or change the availability or nature of the National Geographic Subscription Services or your subscription, and you can establish that: (a) such change materially and persistently impacts your ability to use or access the National Geographic Subscription Services as they are intended to be used under this Agreement; and (b) you are not in breach of any of the terms of this Agreement, then you may, within 30 days of the change being made, terminate your subscription and we will provide you with a pro-rata refund of the unused portion of your then-current subscription term.

    UPON TERMINATION OF YOUR NATIONAL GEOGRAPHIC ACCOUNT, WHETHER TERMINATED BY NATIONAL GEOGRAPHIC, OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR MONTHLY SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD, OR IN THE CASE OF AN ANNUAL SUBSCRIPTION, YOUR SUBSCRIPTION WILL END IMMEDIATELY), YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS DIGITAL CONTENT.

  6. NATIONAL GEOGRAPHIC SUBSCRIPTIONS (PRINT/DIGITAL) CONTACT INFORMATION:
    7.
    Mail to: National Geographic Magazine, PO Box 37551, Boone, IA 50037-0551
    Phone: 1-800-647-5463
    Online Customer Service: www.ngmservice.com
    Outside the U.S. & Canada? Click here for contact information.

  7. BINDING ARBITRATION AND CLASS ACTION WAIVER:
    8.
    PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Neither you nor National Geographic will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

    AAny dispute that is not resolved informally between you and us (including any related dispute involving National Geographic or its affiliates, including but not limited to The Walt Disney Company) shall be referred to and finally resolved by arbitration administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), except (i) any dispute relating to the ownership or enforcement of intellectual property rights and (ii) any dispute within the jurisdiction of the small claims court where you reside and about which you commence such a small claims court proceeding. For the purpose of this Agreement, “dispute” includes any dispute, claim, action, or other controversy, whether based on past, present, or future events, between you and us concerning National Geographic Services, or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis, including any question regarding this Agreement’s arbitrability, existence, interpretation, validity, breach or termination or the business relationship created by it. You and National Geographic agree you have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so by email from the email address associated with your subscription to National Geographic Subscription Services to: ngmintl@subscription.co.uk within thirty (30) days of subscribing. If you do not do so, you understand and agree that you and National Geographic will enter into a further separate arbitration agreement reflecting the terms of this section 7 (which, for the avoidance of doubt with respect to New Zealand subscriptions, will not import the provisions of Schedule 2 of the New Zealand Arbitration Act 1996, and will instead import the JAMS Rules found at https://www.jamsadr.com/rules-streamlined-arbitration/) after any dispute arises (“Arbitration Agreement”). By entering into this Agreement you certify that you have read and understood the JAMS Rules at https://www.jamsadr.com/rules-streamlined-arbitration/ and you confirm that you will agree to be bound by those JAMS Rules in any such Arbitration Agreement.

    1. In the event of a dispute, you or National Geographic must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to National Geographic, 1145 17th Street, NW, Washington, D.C. 20036, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and National Geographic will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

    2. If you or National Geographic do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration in accordance with the terms set forth above before a neutral arbitrator whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone or online, will take place in Washington, D.C. or Manhattan, New York, whichever is more convenient for the consumer; provided, however, that if circumstances prevent you from traveling to Washington, D.C. or Manhattan, New York, JAMS may hold an in-person hearing in your hometown area. You and National Geographic agree to submit to the exclusive jurisdiction of the federal or state courts located in Washington, D.C. or Manhattan, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

    In accordance with the JAMS Rules, the party initiating the arbitration (either you or National Geographic) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.

    Except as provided above with respect to jurisdiction in Washington, D.C. or Manhattan New York, nothing in this arbitration provision shall be construed as consent by National Geographic, or its affiliates to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to the National Geographic Service, or this Agreement.

  8. ADDITIONAL PROVISIONS:
    9.
    1. Information and Entertainment Purposes Only. You understand and agree that the National Geographic Content you receive through your subscription service is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for such purposes.
    2. Content Subjectivity. National Geographic Content tends to elicit varying reactions among different people. You may come across National Geographic Content that you find offensive, indecent, explicit or objectionable. You acknowledge these risks and your responsibility for making your own choices regarding what National Geographic Content is appropriate for your family.
    3. Promotional and Experimental Features. In our continued assessment of the National Geographic Subscription Services, we may from time to time, with respect to any or all of our subscribers, experiment or otherwise offer certain features or other elements, including promotional features, user interfaces, plans and pricing. Your use of any features, updates, modifications to, or replacement versions of the National Geographic Subscription Services shall be governed by this Subscriber Agreement and any additional terms you agree to when you install, purchase or use such feature, update, modification, or replacement version.
    4. Third-Party Services and Content. The National Geographic Subscription Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If you access the App using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this Agreement. However, these third-party beneficiaries are not a party to this Agreement. You agree that your access to the App using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
    5. App and Mobile Networks. By downloading, installing, starting or using the App, you agree to receive automatic updates. When you access the App through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the App may be prohibited or restricted by your network provider and the App may not work with your network provider or device.
    6. Internet Access. You must have internet access to use the National Geographic website and App. You are responsible for all third-party Internet access charges and taxes in connection with your use of the National Geographic website or App. Please check with your Internet provider for information on possible Internet data usage charges.
    7. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation, or consideration of any type. National Geographic does not claim ownership over any ideas, suggestions, or other materials submitted, however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

    8. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. Nothing in this Agreement affects your statutory rights. Advice about your statutory rights (including but not limited to warranties and guarantees) is available from your local Citizens' Advice Bureau and/or local consumer protection authorities. You acknowledge and agree to the essential condition that the National Geographic Subscription Services are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, National Geographic, its affiliates, licensors, agents, and service providers (collectively, the "National Geographic Parties") each expressly disclaims any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. You also acknowledge and agree that the National Geographic Parties do not warrant that the National Geographic Subscription Services will be without errors, and in the case of digital content, viruses or other harmful components. The National Geographic Parties do not warrant or otherwise state that the National Geographic Subscription Services will meet your requirements. You and not the National Geographic Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of digital versions of National Geographic Content and the National Geographic Subscription Services. Some provinces, territories and other jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

      To the extent not prohibited by applicable law, in no event shall the National Geographic Parties be liable for any personal injury, or any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the National Geographic Content or the National Geographic Subscription Services, however caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed One Thousand Dollars ($1,000). The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) even if the National Geographic Parties have been advised of the possibility of such damages. Because some provinces, territories and other jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

    9. Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration or commenced in small claims court where you reside shall be filed, and that venue properly lies only in the state or federal courts located in Manhattan, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
    10. Choice of Law. This Agreement is governed by and construed in accordance with the laws of New York and the laws of the United States, without giving effect to any conflict of law principles.
    11. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
    12. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
    13. Entire Agreement. This Subscriber Agreement and the provisions referenced herein, constitute the entire agreement between you and National Geographic pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Subscriber Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.