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, TEN (the “Authorized Users”) with access to certain material for purposes of assisting such Authorized Users in publicizing and promoting TEN’s exhibition/exploitation of its television shows on TEN networks. 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 TEN, or by other parties that have licensed their material to TEN (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 TEN of your registration request (such approval to be granted or withheld in TEN’s sole discretion), you will be given access to an Authorized User “Account” with a unique log-in User ID and Password.
AUTHORIZED USER LICENSE
Subject to the terms and conditions set forth below and any TEN rights agreements, TEN 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 TEN’s exhibition/exploitation of its television shows on TEN networks and/or publicizing or promoting the other TEN 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 TEN television shows and/or other TEN 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 (either through NEWS.TURNER.COM or TNTNewsRoom.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. Authorized User’s use of the Publicity Materials under the Authorized User License shall be limited to use on web site owned or controlled by such Authorized User (an “Authorized User’s Site”) and/or in editorial printed materials created by or under the control of such Authorized User (“Authorized User’s Publications”). Any Authorized User Site shall consist only of a standard HTML site viewed by users connected to the internet in real time. All other uses of the Publicity Material, including, but not limited to, those involving advanced technologies, online services, push technology, broadcast, and all other media are expressly reserved by TEN.
2. Use of the Publicity Materials
Authorized User agrees that for each television show from which related Publicity Material is used, Authorized User will make best effort to include tune-in information, including the name, air date, day and time of the television show to which the Publicity Material used relates. 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 TEN 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 expressly prohibited.
Authorized Users acknowledge that the context in which the Publicity Materials, or any portion thereof, are used shall not be derogatory to, or critical of, the news or entertainment industries or of TEN or Content Providers and/or any program or publication produced, distributed or exhibited by TEN. 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.
Each Authorized User agrees to indemnify, defend (at TEN’s option) and hold harmless TEN, 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 TEN’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, TEN may withdraw its consent to Authorized User’s usage of the Publicity Materials immediately at any time if TEN, 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 TEN’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 TEN throughout the universe and TEN 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 TEN web site, you agree that TEN has the right to publish the material for any type of use, including promotional and advertising purposes.
TEN is not responsible for any material posted on our forums. TEN 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.
Disclaimer of Warranty; Limitation of Liability
User expressly agrees that use of the Web Site is at User’s sole risk. Neither TEN, 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 are provided on an “as is” basis without warranties of any kind, either express or implied. TEN 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 TEN 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 TEN 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 TEN, 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 TEN 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 TEN 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 TEN 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 TEN’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.
User agrees to defend, indemnify and hold harmless TEN, 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
TEN may, from time to time, provide links and pointers to internet sites maintained by third parties. TEN does not operate or control in any respect any information, products or services on these sites. TEN 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. TEN 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
TEN respects the rights of all copyright holders and in this regard, TEN 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 TEN’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:
One CNN Center
Atlanta, GA 30348
Phone: (404) 878-2276
Fax: (404) 827-1995