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CNN
Interactive SERVICE AGREEMENT
ATTENTION:
CNNSI.COM has been made aware of several e-mails
that purport to have been sent on behalf of
various entities to users of CNNSI.COM. These
e-mails are not from CNNSI.COM nor were they
authorized by CNNSI.COM to be sent to its users.
In fact, many recipients of the e-mails are
not users of CNNSI.COM.
CNNSI.COM is investigating this matter and taking
steps to prevent further dissemination of the
spam e-mail. Unfortunately, spammers often disguise
the origin of their e-mail and the entity on
whose behalf the e-mail is sent.
Therefore, it may take some time for us to complete
this process. Please be assured that we are
working expeditiously to resolve this matter
as quickly as possible.
You may report any receipt of spam e-mail that
purports to be sent from CNNSI.COM or to users
of CNNSI.COM to TMGROUP@TURNER.COM.
1. Definitions.
"CNN Interactive" is the interactive
on-line service operated by Cable News Network
LP, LLLP ("CNN") on the World Wide
Web of the Internet, consisting of information
services and content provided by CNN, affiliates
of CNN and other third parties. "Subscriber"
means each person who establishes or accesses
a connection ("Account") for access
to and use of CNN Interactive.
2. General.
(A) This Agreement, which incorporates by reference
other provisions applicable to use of CNN Interactive,
including, but not limited to, supplemental
terms and conditions set forth in paragraph
14 hereof ("Supplemental Terms") governing
the use of certain specific material contained
in CNN Interactive, sets forth the terms and
conditions that apply to use of CNN Interactive
by Subscriber. By using CNN Interactive (other
than to read this Agreement for the first time),
Subscriber agrees to comply with all of the
terms and conditions hereof. The right to use
CNN Interactive is personal to Subscriber and
is not transferable to any other person or entity.
Subscriber is responsible for all use of Subscriber's
Account (under any screen name or password)
and for ensuring that all use of Subscriber's
Account complies fully with the provisions of
this Agreement. Subscriber shall be responsible
for protecting the confidentiality of Subscriber's
password(s), if any.
(B) CNN shall have the right at any time to
change or discontinue any aspect or feature
of CNN Interactive, including, but not limited
to, content, hours of availability, and equipment
needed for access or use.
3. Changed Terms.
CNN shall have the right at any time to change
or modify the terms and conditions applicable
to Subscriber's use of CNN Interactive, or any
part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges
for use. Such changes, modifications, additions
or deletions shall be effective immediately
upon notice thereof, which may be given by means
including, but not limited to, posting on CNN
Interactive, or by electronic or conventional
mail, or by any other means by which Subscriber
obtains notice thereof. Any use of CNN Interactive
by Subscriber after such notice shall be deemed
to constitute acceptance by Subscriber of such
changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining
and maintaining all telephone, computer hardware
and other equipment needed for access to and
use of CNN Interactive and all charges related
thereto.
5. Subscriber Conduct.
(A) Subscriber shall use CNN Interactive for
lawful purposes only. Subscriber shall not post
or transmit through CNN Interactive any material
which violates or infringes in any way upon
the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give
rise to civil liability or otherwise violate
any law, or which, without CNN's express prior
approval, contains advertising or any solicitation
with respect to products or services. Any conduct
by a Subscriber that in CNN's discretion restricts
or inhibits any other Subscriber from using
or enjoying CNN Interactive will not be permitted.
Subscriber shall not use CNN Interactive to
advertise or perform any commercial solicitation,
including, but not limited to, the solicitation
of users to become subscribers of other on-line
information services competitive with CNN Interactive.
(B) CNN Interactive contains copyrighted material,
trademarks and other proprietary information,
including, but not limited to, text, software,
photos, video, graphics, music and sound, and
the entire contents of CNN Interactive are copyrighted
as a collective work under the United States
copyright laws. CNN owns a copyright in the
selection, coordination, arrangement and enhancement
of such content, as well as in the content original
to it. Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create
derivative works, or in any way exploit, any
of the content, in whole or in part. Subscriber
may download copyrighted material for Subscriber's
personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation
of downloaded material will be permitted without
the express permission of CNN and the copyright
owner. In the event of any permitted copying,
redistribution or publication of copyrighted
material, no changes in or deletion of author
attribution, trademark legend or copyright notice
shall be made. Subscriber acknowledges that
it does not acquire any ownership rights by
downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise
make available on CNN Interactive any material
protected by copyright, trademark or other proprietary
right without the express permission of the
owner of the copyright, trademark or other proprietary
right and the burden of determining that any
material is not protected by copyright rests
with Subscriber. Subscriber shall be solely
liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting
material to any public area of CNN Interactive,
Subscriber automatically grants, or warrants
that the owner of such material has expressly
granted CNN the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide
and/or to incorporate it in other works in any
form, media or technology now known or hereafter
developed for the full term of any copyright
that may exist in such material. Subscriber
also permits any other Subscriber to access,
view, store or reproduce the material for that
Subscriber's personal use. Subscriber hereby
grants CNN the right to edit, copy, publish
and distribute any material made available on
CNN Interactive by Subscriber.
(D) The foregoing provisions of Section 5 are
for the benefit of CNN, its subsidiaries, affiliates
and its third party content providers and licensors
and each shall have the right to assert and
enforce such provisions directly or on its own
behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF
CNN INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK.
NEITHER CNN, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT CNN INTERACTIVE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF CNN INTERACTIVE,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH CNN INTERACTIVE.
(B) CNN INTERACTIVE IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES 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. SUBSCRIBER
SPECIFICALLY ACKNOWLEDGES THAT CNN IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL CNN, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
CNN INTERACTIVE OR THE CNN INTERACTIVE SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE CNN INTERACTIVE.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
CNN INTERACTIVE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE
NEITHER, CNN, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN CNN INTERACTIVE,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE
OF THE FOREGOING PARTIES SHALL BE LIABLE FOR
ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO
THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER
FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. CNN, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON
THE INFORMATION PROVIDED. NEITHER, CNN, NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
CNN shall have the right, but not the obligation,
to monitor the content of CNN Interactive, including
chat rooms and forums, to determine compliance
with this Agreement and any operating rules
established by CNN and to satisfy any law, regulation
or authorized government request. CNN shall
have the right in its sole discretion to edit,
refuse to post or remove any material submitted
to or posted on CNN Interactive. Without limiting
the foregoing, CNN shall have the right to remove
any material that CNN, in its sole discretion,
finds to be in violation of the provisions hereof
or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold
harmless CNN, its affiliates and their respective
directors, officers, employees and agents from
and against all claims and expenses, including
attorneys' fees, arising out of the use of CNN
Interactive by Subscriber or Subscriber's Account.
9. Terminatio n.
Either CNN or Subscriber may terminate this
Agreement at any time. Without limiting the
foregoing, CNN shall have the right to immediately
terminate Subscriber's Account in the event
of any conduct by Subscriber which CNN, in its
sole discretion, considers to be unacceptable,
or in the event of any breach by Subscriber
of this Agreement. The provisions of Sections
5(B), 5(C), 5(D), 6, 8, 10 and this Section
9 shall survive termination of this Agreement.
10. Trademarks.
CNN , CNN Interactive , CNNFN , and CNN Learning
and each of their logos are trademarks of Cable
News Network LP, LLLP, a Time Warner Company.
All rights reserved. All other trademarks appearing
on CNN Interactive are the property of their
respective owners.
11. Third Party Content.
CNN is a distributor (and not a publisher) of
content supplied by third parties and Subscribers.
Accordingly, CNN has no more editorial control
over such content than does a public library,
bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information
or content expressed or made available by third
parties, including information providers, Subscribers
or any other user of CNN Interactive, are those
of the respective author(s) or distributor(s)
and not of CNN. Neither CNN nor any third-party
provider of information guarantees the accuracy,
completeness, or usefulness of any content,
nor its merchantability or fitness for any particular
purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities
and disclaimers of warranty.)
In many instances, the content available through
CNN Interactive represents the opinions and
judgments of the respective information provider,
Subscriber, or other user not under contract
with CNN. CNN neither endorses nor is responsible
for the accuracy or reliability of any opinion,
advice or statement made on CNN Interactive
by anyone other than authorized CNN employee
spokespersons while acting in their official
capacities. Under no circumstances will CNN
be liable for any loss or damage caused by a
Subscriber's reliance on information obtained
through CNN Interactive. It is the responsibility
of Subscriber to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice
or other content available through CNN Interactive.
Please seek the advice of professionals, as
appropriate, regarding the evaluation of any
specific information, opinion, advice or other
content.
12. Miscellaneous.
This Agreement and any operating rules for CNN
Interactive established by CNN constitute the
entire agreement of the parties with respect
to the subject matter hereof, and supersede
all previous written or oral agreements between
the parties with respect to such subject matter.
This Agreement shall be construed in accordance
with the laws of the State of Georgia, without
regard to its conflict of laws rules. 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. The section
headings used herein are for convenience only
and shall not be given any legal import.
13. Copyrights and Copyright Agent.
CNN respects the rights of all copyright holders
and in this regard, CNN 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 CNN'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: copyrightagent@turner.com
For
web posting, reprint, transcript or licensing
requests for CNN material, please contact licensing.agent@turner.com
For any questions or requests other than copyright
issues or licensing requests, please contact
http://cnn.com/feedback
14.
Supplemental Terms
As set forth in the CNN Interactive Service
Agreement which governs the use of CNN Interactive,
please be advised that neither, Cable News Network
LP, LLLP ("CNN") nor its affiliates,
information providers or content partners shall
be liable regardless of the cause or duration,
for any errors, inaccuracies, omissions, or
other defects in, or untimeliness or unauthenticity
of, the information contained within CNN Interactive,
or for any delay or interruption in the transmission
thereof to the user, or for any claims or losses
arising therefrom or occasioned thereby. None
of the foregoing parties shall be liable for
any third- party claims or losses of any nature,
including, but not limited to, lost profits,
punitive or consequential damages.
Prior to the execution of a stock trade, you
are advised to consult with your broker or other
financial representative to verify pricing or
other information. CNN, its affiliates, information
providers or content partners shall have no
liability for investment decisions based on
the information provided.
Neither, CNN, nor its affiliates, information
providers or content partners warrant or guarantee
the timeliness, sequence, accuracy or completeness
of this information. Additionally, there are
no warranties as to the results obtained from
the use of the information.
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