TurnerResources.com is a private online service, operated by Turner Network Sales, Inc. ("TNS"), on the World Wide Web of the Internet consisting of information, services and content provided by TNS, its affiliates and its third party licensors and content providers. "User" means each person or entity who establishes or authorizes a connection ("Account") for access to and use of TurnerResources.com.
(a) This Agreement sets forth the terms and conditions which apply to the use of TurnerResources.com by User. By accepting below, User agrees to comply with all of the terms and conditions hereof. The right to use TurnerResources.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account under any screen name or password by any person or entity and for ensuring that User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password.
(b) TNS shall have the right at any time to change or discontinue TurnerResources.com, and any aspect or feature hereof, including, but not limited to, content, hours of availability, equipment needed for access or use and any other capability(ies) of the site.
(c) TNS may change or modify the terms and conditions applicable to User's use of TurnerResources.com or any part thereof or to impose new conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting herein, and any other notice of such which may be given by any means including, but not limited to, electronic or conventional mail. Any use of TurnerResources.com by User after such change, modification, addition or deletion shall be deemed to constitute acceptance by User thereof.
2. Equipment and Charges
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of TurnerResources.com and all charges, including telecommunications charges, related thereto.
3. User Conduct
(a) User shall use TurnerResources.com for lawful purposes only. User shall not post or transmit through TurnerResources.com 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 TNS' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in TNS' discretion restricts or inhibits any other User from using or enjoying TurnerResources.com will not be permitted. User shall not use TurnerResources.com to advertise or perform any commercial solicitation online, including (but not limited to) the solicitation of users to become Users of other on-line information services competitive with TurnerResources.com.
(b) User shall not upload, post or otherwise make available on TurnerResources.com 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 User. User 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 TurnerResources.com, User automatically grants, or warrants that the owner of such material has expressly granted TBS 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. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants TBS the right to edit, copy, publish and distribute any material made available on TurnerResources.com by User.
4. Intellectual Property
(a) TurnerResources.com 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 TurnerResources.com are copyrighted as a collective work under the United States copyright laws. User 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, except as otherwise expressly permitted under the terms and conditions of this Agreement.
(b) User agrees and acknowledges that Turner Broadcasting System, Inc., its parent and affiliated companies, its and their licensees, successors and assigns (collectively "TBS") own and have exclusive title and all intellectual property rights in and to the TBS logos, trademarks, trade names and the designs (collectively, the "TBS Properties"). TBS Properties, by way of example include the following, which is not an inclusive list: TurnerResources.com, Turner Broadcasting System, Inc., Turner Network Television, Turner Sports, Headline News, Cable News Network, CNN en Español, TBS, Cable News Network International, Cartoon Network, CNN Interactive, Atlanta Braves, Atlanta Hawks, NFL on TNT, NBA on TNT, NBA on TBS, and Turner Classic Movies. User agrees and acknowledges that the TBS Properties are the property of TBS and that no ownership rights in or to such logos, trademarks, trade names and the designs are transferred to User hereunder. Any added goodwill to the TBS Properties that may arise as a result of User's use of the such materials shall vest in TBS immediately upon creation and shall inure to, and be for the sole benefit of, TBS. Any other trademarks or service marks and associated logos found herein that are not the property of TBS are the trademarks or service marks of their respective owners. All rights not granted herein are hereby expressly reserved.
(c) The foregoing provisions of Section 5 are for the benefit of TBS 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.
5. Limited Non-Exclusive License For Use Of Downloadable Materials
(a) Pursuant to all terms contained in this Agreement, TNS hereby grants to authorized Users a limited, non-exclusive license for use of the downloadable logos, trademarks and images (the "Materials") for incorporation into advertising presentations for the promotion of the identified TBS programming or services. By using the Materials, User agrees to all the terms and conditions set forth in this Agreement and in any applicable affiliate agreement.
(b) User shall not use the Materials in any manner other than to promote the TBS programming or services. Any use beyond such promotion is not authorized by this agreement and may subject User to third party liabilities. User shall not use the Materials in any manner which will adversely affect TNS' ownership, control or rights in the Materials.
(c) With respect to the permitted use of the Materials, User agrees that no changes, manipulation or alteration of the Materials or deletion of author attribution, trademark, legend or copyright notices shall be made. Proper copyright and trademark notices as provided by TNS shall, at all times, appear in conjunction with the Materials. User acknowledges that it does not acquire any ownership rights by downloading any materials from TurnerResources.com.
(d) User acknowledges that the context in which the Materials, or any portion thereof, are used shall not be derogatory to or critical of the news or entertainment industries or of TNS or its parent, subsidiary or affiliated companies or any program or publication produced or distributed by TNS or its parent, subsidiary or affiliated companies.
(e) TNS may withdraw its consent to User's usage of the Materials immediately if User breaches any term or condition contained herein or if TNS, in its reasonable discretion, deems termination of this Agreement necessary or advisable.
(f) Nothing contained herein 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.
6. Disclaimer of Warranty; Limitation of Liability
(a) User expressly agrees that use of TurnerResources.com is at User's sole risk. Neither TNS, nor its third party content providers, or licensors warrant that TurnerResources.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of TurnerResources.com, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through TurnerResources.com.
(b) TurnerResources.com is provided on an "as is" basis without warranties of any kind, either express or implied, including (but not limited to) 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, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that TNS 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.
(d) In no event will TNS, or any person or entity involved in creating, producing or distributing TurnerResources.com or the TurnerResources.com 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 TurnerResources.com. User hereby acknowledges that the provisions of this section shall apply to all content on TurnerResources.com.
(e) In addition to the terms set forth above, neither TNS 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 TurnerResources.com, 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. Neither TNS nor its affiliates, information providers or content providers 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.
(f) If any of the above limitations do not apply to the extent applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, TNS' total liability for all losses, damages and causes of action [in contract, tort (including without limitation, negligence), or otherwise] will not be greater than the amount paid to access this site.
TNS shall have the right, but not the obligation, to monitor the content of TurnerResources.com, including chat rooms and forums, if any, to determine compliance with this Agreement and any operating rules established by TNS and to satisfy any law, regulation or authorized government request. TNS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on TurnerResources.com. Without limiting the foregoing, TNS shall have the right to remove any material that TNS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless TNS, its parent, subsidiaries, affiliates and its directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of the use or proposed use of TurnerResources.com or the Materials by User or User's account.
Either TNS or User may terminate this Agreement at any time. Without limitation of the foregoing, TNS may immediately terminate User's Account and use of TurnerResources.com in the event of any conduct by User which TNS, in its sole and absolute discretion, considers to be unacceptable or in breach of this Agreement or any applicable law or regulation or which does or may tend to expose TNS or any other content provider or licensor to any liability. The provisions of Sections 4(b), 4(c), 5, 7, 9 and this section 10 shall survive any termination of this Agreement for any reason.
10. Third Party Sites
(a) TNS is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, TNS 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, Users or any other user of TurnerResources.com, are those of the respective author(s) or distributor(s) and not of TNS. Neither TNS 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.)
(b) In many instances, the content available through TurnerResources.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with TNS. TNS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on TurnerResources.com by anyone other than authorized TNS employee spokespersons while acting in their official capacities. Under no circumstances will TNS be liable for any loss or damage caused by a User's reliance on information obtained through TurnerResources.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through TurnerResources.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
(c) TNS may, from time to time, provide links and pointers to Internet sites maintained by third parties. TNS does not operate or control in any respect any information, products or services on these sites. TNS does not state and expressly disclaims that it has the consent of the third party site to provide the link or pointer to such site. TNS neither endorses nor is responsible for the accuracy or reliability of any site to which TurnerResources.com is linked or any opinion, advice, statement or information made or provided in any third party site.
11. Privacy Statement
(a) At this site, the types of personally identifiable information that may be collected include: name, company name, address, e-mail address, telephone number, fax number, and type of company. TNS may use the information User provides to fulfill User's requests for TNS products, programs, and services, to respond to inquiries about TNS offerings, and to offer User other products, programs or services that TNS believes may be of interest to User. TNS sometimes uses this information to communicate with User, such as to notify a User who may have won one of our contests or to contact User about changes to TurnerResources.com.
(c) TNS may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. TNS also may disclose such information in response to a law enforcement agency's request.
This Agreement and any operating rules established by TNS 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. 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 provisions herein are for the benefit of TNS, its affiliates, third party content providers and licensors and each of such shall have the right to assert and enforce such provisions directly on its own behalf. ©, ® and ™ 2002-2017. Turner Broadcasting System, Inc. A Time Warner Company. All Rights Reserved.