Terms of Use

TERMS OF USE

These Terms of Use apply to the Turner.com web site (“Web Site” or “Site”).  Please read these Terms of Use carefully before using the Site.  By using the Site, you (“you” or “User”) signify your agreement with these Terms of Use.  If you do not agree with any of these Terms of Use, do not use the Site.  The Site is controlled and operated by Turner Broadcasting System, Inc., at 1050 Techwood Drive, Atlanta, GA 30318, and/or its parent, subsidiaries, or affiliated entities (collectively, “TBS”). TBS reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time.  By using the Web Site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

 

USE OF THE WEB SITE/AUTHORIZED USERS

The main purpose of the Web Site is to provide journalists and members of the media who have registered with, and have been approved by, TBS (the “Authorized Users”) with access to certain material for purposes of assisting such Authorized Users in publicizing and promoting TBS’s exhibition/exploitation of programming on TBS networks and/or publicizing or promoting other TBS properties.  All content on the Web Site, including, but not limited to written content, images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips (the “Content”) is protected by copyrights, trademarks, and other rights which are owned and/or controlled by TBS, or by other parties that have licensed their material to TBS (collectively, “Content Providers”).  Except with respect to an Authorized User’s use of Publicity Materials in accordance with the Authorized User License described below, Users may not use, reproduce, transmit, distribute or otherwise exploit the Content in any way, except that you may use may use the Content on a personal home computer solely as part of the Web Site for purposes of accessing and navigating the Web Site for personal, noncommercial purposes.

To request registration as an Authorized User go to http://news.turner.com/register.cfm.  Upon approval by TBS of your registration request (such approval to be granted or withheld in TBS’s sole discretion), you will be given access to an Authorized User “Account” with a unique log-in User ID and Password.

The right to use an Authorized User Account is personal to the approved Authorized User and is not transferable to any other person or entity. Authorized User is responsible for all use of Authorized User's Account under any screen name or password by any person or entity and for ensuring that Authorized User's Account complies fully with the provisions of these Terms of Use. Authorized User shall be responsible for protecting the confidentiality of Authorized User's password.

AUTHORIZED USER LICENSE

1. License

Subject to the terms and conditions set forth below and any TBS rights agreements, TBS grants each Authorized User a limited, revocable, non-exclusive, non-transferable license to use the Publicity Materials (defined below) solely for the purpose of publicizing and promoting TBS’s exhibition/exploitation of programming on TBS networks and/or publicizing or promoting the other TBS properties to which applicable Publicity Materials may relate (the “Authorized User License”).  As used herein, “Publicity Materials” refers to the following Web Site Content:

(a) Any plain written text published on the Web Site relating to news, updates, facts, or other information about TBS television shows and/or other TBS properties, but expressly excluding any photographs, trademarks, or other elements that may be incorporated therein.

(b) The logos, trademarks, images and videos that are expressly made available  to Authorized Users for downloading via the Web Site that may only be accessed by first entering an Authorized User’s User ID and Password (Turner.com).

The term of the Authorized User License will be specific to the particular Publicity Materials used, and shall automatically terminate (i) on the termination date provided on the Web Site in connection with the particular Publicity Material in question, or (ii) on the date upon which the particular Publicity Material in question is removed from the Web Site from which it was obtained, whichever is earlier. 

2. Use of the Publicity Materials

If any Publicity Materials used by Authorized User relate to specific TBS programming, Authorized User will use best efforts to include relevant tune-in information, including the name, air date, day and time (as applicable) for the programming to which such Publicity Materials relate. Authorized User agrees that no changes, edits, manipulation or alteration of the Publicity Materials or deletion of author attribution, trademark, legend or copyright notices shall be made. Proper copyright and trademark notices as provided by TBS shall, at all times, appear in conjunction with the Publicity Materials. Authorized User acknowledges that it does not acquire any ownership rights by downloading or copying any Publicity Materials from the Web Site.  Aggregation of various Publicity Materials for purposes of presenting such Publicity Materials in a collective format (including, without limitation, a photo gallery featuring multiple photographs or a blog, web site, or other online or print publication which is otherwise substantially comprised solely of the Publicity Materials) is prohibited without express consent from TBS.

Authorized Users shall not use the Publicity Material in any manner that is in any way objectionable or in conjunction with other materials or information that is in any way objectionable. As used herein, "objectionable" means any materials or information in any medium or format, including without limitation text, data, graphics, audio or video, content (or use of the content) that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; (iv) violates or encourages other to violate any applicable law; (v) promotes software or services that deliver unsolicited email; or (vi) contain direct links (by a single click) to web Site that contain information of the kind described in this definition.

4. Indemnity

Each Authorized User agrees to indemnify, defend (at TBS's option) and hold harmless TBS, Content Providers, and their respective directors, officers, shareholders, employees and agents, successors, licensees and assigns from and against any and all claims and expenses, including attorneys fees, arising out of the use of the Web Site or the Publicity Materials by such Authorized User or any such Authorized User's Account.

5.  Scope of Use and Termination of Authorized User License

Any other use of the Publicity Materials beyond the scope of the Authorized User License as set forth herein is expressly prohibited, and may subject Authorized User to liability, including without limitation, third party liabilities. Authorized User shall not use the Publicity Materials in any manner which could or will adversely affect TBS's ownership, control or rights in the Publicity Materials.

The Authorized User License is conditioned upon an Authorized User’s full compliance with each and every term and condition hereof; and the Authorized User License is deemed null and void ab initio if an Authorized User violates any such term or condition. Notwithstanding the foregoing, TBS may withdraw its consent to Authorized User's usage of the Publicity Materials immediately at any time if TBS, in its reasonable discretion, deems termination of the Authorized User License (or any part thereof) necessary or advisable.

USER CONDUCT GENERALLY

Users shall use the Web Site for lawful purposes only. Any User conduct that in TBS's discretion restricts or inhibits any other user from using or enjoying the Web Site will not be permitted. Users shall not use the Web Site to advertise or perform any commercial solicitation, including (but not limited to) the solicitation of users to become users of other on-line information services competitive with the Web Site.

E-MAIL, BULLETIN BOARDS, OTHER SUBMISSIONS

Any notes, messages, e-mails, billboard postings, ideas, suggestions, concepts or other material submitted will become the property of TBS throughout the universe and TBS shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to the Web Site or any other TBS web site, you agree that TBS has the right to publish the material for any type of use, including promotional and advertising purposes.

TBS is not responsible for any material posted on our forums. TBS reserves the right to edit or delete material submitted to the forums, but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify and defend (at TBS’s option) TBS and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the agreements, representations, and warranties set forth in these Terms of Use.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

User expressly agrees that use of the Web Site is at User's sole risk. Neither TBS, nor its Content Providers warrant that the Web Site will be uninterrupted or error-free, that defects will be corrected or that the Web Site or the server(s) which make them available are free from viruses or other harmful components; nor do they make any warranty or representations as to the results that may be obtained from use of Web Site, or as to the accuracy, reliability, or content of any information, or services provided through the Web Site.

The Web Site is provided on an "as is" basis without warranties of any kind, either express or implied.  TBS expressly disclaims all warranties, either express or implied, including (but not limited to) implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by law and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

User expressly agrees that this disclaimer of liability applies to, and TBS shall not be liable for, regardless of the cause or duration, any damages, losses or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that TBS is not liable for the defamatory, offensive, or illegal conduct of other Users or their parties and that the risk of injury from the foregoing rests entirely with User. In no event will TBS, or any person or entity involved in creating, producing or distributing any of the Web Site be liable for any losses or damages, including (without limitation) direct, indirect, incidental, special, consequential and/or punitive damages arising out of the use of or inability to use any of the Web Site or any content contained therein.

Neither TBS nor its Content Providers shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. In addition, neither TBS nor its Content Providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of the information on the Web Site.

If any of the above limitations including, without limitation, the exculpatory clauses, are deemed unenforceable, in whole or in part, and TBS is found liable, in whole or in part, for any loss, damage or injury sustained as a result of this agreement (whether such claim sounds in contract, tort (including without limitation, negligence), or otherwise), the parties acknowledge and agree that TBS's liability shall be limited to the fee charged for this service or Twenty Five U.S. Dollars ($25), whichever is greater, as liquidated damages, and not as a penalty, and that this liability shall be exclusive. 

INDEMNITY GENERALLY

User agrees to defend, indemnify and hold harmless TBS, Content Providers, and their respective directors, officers, shareholders, employees and agents, successors, licensees and assigns from and against any and all claims and expenses, including attorneys fees, arising out of the use of the Web Site or the Content by User (including any Authorized User).

THIRD PARTY SITE

TBS may, from time to time, provide links and pointers to internet sites maintained by third parties. TBS does not operate or control in any respect any information, products or services on these sites. TBS does not state and expressly disclaims that it has the consent of the third party site to provide the link or pointer to such sites. TBS neither endorses nor is responsible for the accuracy or reliability of any site to which any Web Site is linked or any opinion, content, advice, statement or information made or provided in any such third party site.

COPYRIGHTS AND COPYRIGHT AGENTS

TBS respects the rights of all copyright holders and in this regard, TBS has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TBS's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Copyright Agent
One CNN Center
Box 105573
Atlanta, GA 30348

Phone: (404) 878-2276
Fax: (404) 827-1995
Email: cnncopyrightagent@cnn.com

PRIVACY STATEMENT

TBS respects the privacy of the visitors to this site.  To review the Privacy Policy for the Web Site, please click here.

MISCELLANEOUS

These Terms of Use and any operating rules established by TBS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Any and all issues or controversies arising out of or in connection with this agreement shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.  User and TBS agree that the state and federal courts located in Atlanta, Georgia shall be the exclusive forum and situs for the resolution of any and all disputes, controversies or matters arising herefrom or related to this agreement and/or the Web Site.  User hereby consents to personal jurisdiction in and service of process by certified mail.  If any provision of this agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the enforceability of any remaining provisions.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this agreement shall create any association, partnership, or agency or joint venture between the parties. Neither party hereto shall represent itself as the associate, partner, agent or joint venturer of the other in any way whatsoever. The provisions herein are for the benefit of TBS and Content Providers and each of such shall have the right to assert and enforce such provisions directly on its own behalf.

 


 

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