Your use of this website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this website (the "Site") immediately, not use the files herein, and/or not subscribe to this service.

This Site is owned, hosted and operated by WhiteHot Productions.

Any Content downloaded by you from this Site, including, without limitation, any audio files, file, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by Whitehot Productions. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.

This Site contains copyrighted audios, photographs, images, videos, text, music, and sounds (collectively the "Content"). It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Usage Guidelines. You may not use audios, photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.

The design or layout of Great Discoveries Audio Guides or of any other website owned, operated, licensed, or controlled by or associated with Whitehot Productions, is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

Individual Web sites within WhiteHot Productions have legal and license terms which supplement these terms.

LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, WHITEHOT PRODUCTIONS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY WHITEHOT PRODUCTIONS, WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE.

WHITEHOT PRODCTIONS DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT WHITEHOT PRODUCTIONS WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.

IN NO EVENT WILL WHITEHOT PRODUCTIONS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WHITEHOT PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF WHITEHOT PRODUCTIONS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

PRODUCT AVAILABILITY
Products, services, and programs in this publication may not be available in your country. References to any product, service, or program do not imply that Whitehot Productions intends to make available such products, services, or programs in your country.

UNITED STATES GOVERNMENT EXPORT CONTROLS
Software from this Site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

LINKS TO THIRD PARTY SITES
WHITEHOT PRODUCTIONS PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. WHITEHOT PRODUCTIONS DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. WHITEHOT PRODUCTIONS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY WHITEHOT PRODUCTIONS OF SUCH SITES.

OTHER LEGAL INFORMATION
These Terms of Use shall be governed by and construed in accordance with the laws of Florida, U.S.A. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. WhiteHot Productions reserves the right to terminate these Terms of Use without notice if, in WhiteHot Productions sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, WhiteHot Productions reserves the right to terminate this site without notice.

©2004 WhiteHot Productions, and its licensors. All rights reserved.
Great Discoveries is a registered trademark of WhiteHot Productions. All product names are either trademarks or registered trademarks of Whitehot Productions, or its affiliates or licensors. All rights reserved. Microsoft, Windows, and the Windows logo are registered trademarks of the Microsoft Corporation. Macintosh, Apple, and the Macintosh logo are registered trademarks of Apple Computer, Inc.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

License Agreement

WHITEHOT PRODUCTIONS ROYALTY FREE LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU and "WHITEHOT PRODUCTIONS." AND EACH OF ITS SUBSIDIARIES, AFFILIATES AND/OR DISTRIBUTORS, AS THE CASE MAY BE. THIS LICENSE AGREEMENT APPLIES, WITHOUT LIMITATION, TO THE WEBSITES CURRENTLY LOCATED AT: audiotourguides.com AND/OR g8discoveries.com AND, ANY INTERNATIONAL OR OTHER VERSIONS OF THE FOREGOING, FUTURE WEBSITES AND/OR ANY AUDIOS OR IMAGES DELIVERED VIA ANY STORAGE MEDIA.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY AUDIO TOUR GIDE(S) OR IMAGE(S). DOWNLOADING AND/OR USING ANY AUDIO TOUR GUIDE(S) OR IMAGE(S) FROM WHITEHOT PRODUCTIONS CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN YOU AND WHITEHOT PRODUCTIONS.

WhiteHot Productions reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not download or use any Audio Tour Guide(s) or Image(s).

1. LICENSE

A. Definitions:
“WhiteHot” shall mean Whitehot Productions.

“Audio Guide(s)” shall mean Great Discoveries Audio Tour Guide(s), the audio production thereof, the voice(s), the music, and the content (script) or any visual presentation or image, including but not limited to guide maps or diagrams regardless of whether the audio tour guide(s) or Image(s) are obtained via download from any WhiteHot Website, delivered via any storage media (CD, DVD, disk, etc.) that is now known or may become known in the future, or obtained from a WhiteHot authorized distributor, together with all accompanying metadata and other material.

"Storage Media" shall mean CD-ROM, digital video disc (DVD), floppy disk, flash memory, or any other storage device or media now known, or hereafter created.

"You" shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.

B. Copyright:
Great Discoveries Audio Tour Guide(s), including samples, and Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Audio Guide(s) and Image(s) shall remain the sole and exclusive property of WhiteHot, or its licensors. Use of the Audio Guide(s) is licensed, not sold, pursuant to the terms of this License Agreement. Use of Audio Guide(s) without agreeing to this License Agreement, or a breach of these License Agreement terms, is copyright infringement.

C. Grant:
(I) Paid License. a) WhiteHot grants you a non-exclusive and non-transferable license to use the Audio Guide(s), only as provided in this License Agreement.

D. Number of Users:
(I) FOR AUDIO GUIDE(S) ACQUIRED BY PAY PER DOWNLOAD OR STORAGE MEDIA. YOU ARE GRANTED A TWO (2) PERSON SINGLE USE LICENSE FOR USE OF THE AUDIO GUIDE(S). The audio content of the Audio Guide(s), licensed by you, may be loaded on two, and only two, players (MP3, CD or other player that is now known or may become known in the future).

Licensee may not distribute Audio Guide(s) to any computer, or computer network.

E. Permitted Uses: You may:
(I) Back up, and store, single copies as necessary on a single server for archival purposes only, provided such use is not intended to allow the re-distribution or re-use of the Audio Guide(s).

(II) Modify or alter the Audio Guide(s) as necessary for your use, provided that if such modification or alteration constitutes a derivative work, the rights to all such derivative works shall belong exclusively to WhiteHot and that you shall only use such derivative work in accordance with this Agreement. If requested by WhiteHot, you agree to execute a written assignment of any such rights, including copyrights, at no cost to WhiteHot.

F. Prohibited Uses: You may NOT:
(I) Give, Sell, sublicense, distribute, transfer or assign the Audio Guide(s), or the rights thereto to any third party except as specifically provided in “D” above.
(II) Reverse engineer, decompile, translate, or disassemble any part of the Audio Guide(s).
(III) Copy or reproduce the Audio Guide except as specifically provided for in this agreement.
(IV) Use WhiteHot Audio Guide(s) to compete with WhiteHot. WhiteHot is in the business of licensing audio tour guides to its customers. It is the specific intent of this provision to prohibit you from using its Audio Guide(s), or its other work products to enter, either directly or indirectly, a similar or competing business.
(V) Use the Audio Guide(s) in a product or service whereby the Tour Guide(s) can be used apart from a product or service.
(VI) Use the Audio Guide(s), in any downloadable format intended for multiple distribution whatsoever.
(VII) Use the Audio Guide(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text, sound, music, voice(s), production, or otherwise.

2. PAYMENT TERMS

You agree to pay all Audio Guide(s) license fees and no rights are granted under this Agreement until all payments are made in full.

3. TERMINATION

A. This License Agreement is effective until it is terminated.

(I) This License Agreement will terminate automatically, without notice from WhiteHot, if you fail to comply with any provision of this License Agreement.
(II) You can terminate this Agreement by destroying the Audio Guide(s), along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Audio Guide(s).

B. Upon termination of this Agreement, you agree to (i) destroy all copies and archives of the Audio Guide(s), to (ii) cease using the Audio Guide(s) for any purpose whatsoever and (iii) confirm to WhiteHot in writing that you have complied with these requirements.

4. WARRANTY

A. WhiteHot represents and warrants that:
(I) it has the right to enter into this Agreement and to grant the rights hereunder; and
(II) the Audio guide(s) or Storage Media (if applicable) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of license.

B. EXCEPT AS PROVIDED ABOVE, THE AUDIO GUIDE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WHITEHOT GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED. WHITEHOT PRODUCTIONS DOES NOT WARRANT THAT THE AUDIO GUIDE(S), OR WEB SITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE AUDIO GUIDE(S) IS SOLELY WITH YOU.

C. You represent, warrant and covenant that:
(I) You are at least eighteen years of age and have the full right and authority to enter into this License on behalf of yourself and/or your company or employer;
(II) You do not reside in any country to which export of US products are prohibited or restricted and you may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any laws, restrictions or regulations;
(III) You will not use the Audio Guide(s) in any way that is not permitted by this License;
(IV) Your use of the Audio guide(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;
(V) The information that you provide to WhiteHot is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary; and
(VI) You shall be solely responsible for your use of the Audio Guide(s) and agree that WhiteHot grants no rights and makes no warranties with regard to the use of trademarks, trade dress, copyrighted designs or audio’s or works of art or architecture.

5. LIMITATION OF REMEDIES

A. Replacement or Refund:
WhiteHot's entire liability and your exclusive remedy, with respect to any claims arising out of this Agreement shall be at WhiteHot's sole discretion, either: (i) replacement of the specific Audio guide(s); or (ii) refund of any fee paid for the specific Audio Guide(s).

B. No Money Damages:
Under no circumstances whatsoever will WhiteHot be liable to you for any money damages whatsoever, including, without limitation, any incidental or consequential damages arising out of: (i) the use or inability to use the Audio Guide(s), (ii) WhiteHot’s breach of this Agreement, or (iii) for any claim by any other party, even if WhiteHot has been advised of the possibility of such damages. In no event shall the liability of WhiteHot exceed the amount paid by you for accessing, acquiring, and/or using any Audio Guide(s) within the preceding six (6) months. Any claims must be brought within twelve (12) months of the date that you discovered such claim, or reasonably should have discovered such claim, or shall be waived.

6. INDEMNIFICATION

You agree to indemnify and hold WhiteHot, its affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with WhiteHot, harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys' fees) asserted against WhiteHot arising out of your use of the Audio Guide(s) or in connection with any breach of any of the terms of this Agreement.

7. GENERAL

A. Enforceability:

If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable, consistent with the WhiteHot’s intent.

B. Taxes and other:
You agree to pay and be solely responsible for any and all sales taxes, use taxes, value added taxes, and duties imposed by any jurisdiction, as a result of your use of the Audio guide(s), pursuant to this Agreement.

C. Waiver: No action of WhiteHot, other than an express written, signed waiver may be construed as a waiver of any part of this Agreement, and no employee of WhiteHot is authorized to make an oral waiver. In the event that WhiteHot waives a specific part of the Agreement, it does not mean that WhiteHot waives any other part.

8. JURISDICTION

This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the State of Florida, United States. Any claims shall be brought solely in the Federal District Court of the District of Florida and you expressly consent to the exclusive jurisdiction of the federal courts of the State of Florida, United States. You consent to the service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

9. LEGAL FEES

You agree to reimburse WhiteHot for its legal fees, costs and disbursements if WhiteHot is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.

10. ASSIGNABILITY

You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. WhiteHot may assign or transfer this Agreement freely.

11. ENTIRE CONTRACT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND WHITEHOT, WHICH SUPERSEDES ANY OTHER AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND WHITEHOT RELATING TO THE SUBJECT OF THIS AGREEMENT. FAQ'S, OTHER EXPLANATIONS, AND TEXT IN WHITEHOT WEBSITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.