TurnerResources.com (the “Site”) is a private online service, operated by Turner Networks Sales, Inc. d/b/a Turner Content Distribution ("Turner"), consisting of information, services and content provided by Turner, its affiliates, its third party licensors and content providers. "User" means each person or entity who registers and establishes a user account ("Account") through which the User may access TurnerResources.com.
- Turner shall have the right at any time to change or discontinue the Site, or any aspect, service or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- Turner may modify this Agreement, or any part thereof, at any time. Such modifications, additions or deletions shall be effective immediately upon posting. Any use of the Site by User after such modification shall be deemed to constitute acceptance by User of such modification.
- The right to use the Site is personal to each User and is not transferable to any other person or entity. By registering for an Account, User represents and warrants that all information provided on the registration form is current, complete and accurate. User agrees to maintain and promptly update User’s registration information on the Site so that it remains current, complete and accurate. During the registration process, User must choose a password and username. User shall be responsible for protecting the confidentiality of User's password and username. User acknowledges and agrees that Turner may rely on this password and/or user name to identify User. User is responsible for all use of User's Account by any person or entity, regardless of whether User authorized such use, and for ensuring that User's Account complies fully with the provisions of this Agreement.
- Equipment and Charges
User shall be responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
- User Conduct
User shall use the Site for lawful purposes only. Turner shall have the right, but not the obligation, to monitor User’s use of the Site, to determine compliance with this Agreement and any operating rules established by Turner, and to satisfy any law, regulation or authorized government request.
- Intellectual Property
The Site 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 the Site are copyrighted as a collective work under the United States copyright laws. Turner Broadcasting System, Inc., its parent and affiliated companies, its and their licensors, licensees, successors and assigns (collectively "TBS") own and have exclusive title and all intellectual property rights in and to the content on the Site, TBS logos, trademarks, trade names and designs (collectively, the "TBS Properties"). User agrees and acknowledges that the TBS Properties are the property of TBS and that no ownership rights in or to such content, logos, trademarks, trade names and designs are transferred to User hereunder. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the TBS Properties, in whole or in part, except as otherwise expressly permitted under this Agreement. Any added goodwill to the TBS Properties that may arise as a result of User's use of the TBS Properties 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.
- Limited Non-Exclusive License For Use Of Downloadable Materials
- Turner hereby grants to authorized Users a limited, non-exclusive license for use of the downloadable logos, trademarks, images, and operational notices (the "Materials") for incorporation into advertising presentations for the promotion of the identified TBS programming or services and/or to ensure compliance with the terms and conditions in any applicable affiliate agreement (e.g., administering blackouts), as applicable (the “’Purpose”). User shall not use the Materials in any manner other than for the Purpose. Any use beyond the Purpose 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 TBS’s ownership, control and/or rights in the Materials.
- Proper copyright and trademark notices as provided by Turner shall, at all times, appear in conjunction with the Materials. User agrees that no changes to, manipulation of or alteration of the Materials or deletion of author attribution, trademark legend or copyright notice shall be made. Except as otherwise expressly permitted under copyright law or this Agreement, no copying, redistribution, retransmission, publication or commercial exploitation of the Materials are permitted. User acknowledges that it does not acquire any ownership rights by downloading any Materials from the Site.
- 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 TBS or any program or publication produced or distributed by TBS.
- Turner may withdraw its consent to User's usage of the Materials immediately if User breaches any term or condition contained herein or if Turner, in its reasonable discretion, deems termination of this Agreement necessary or advisable.
- 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.
- Disclaimer of Warranty; Limitation of Liability
- USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER TURNER, NOR ITS THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE;NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THE SITE.
- THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, 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.
- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TURNER, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO USER FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF OR INABILITY TO USE THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. USER AGREES THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TURNER OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, USER ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED ILLEGAL CONDUCT OF OTHER USERS OF THE SITE. USER HEREBY ACKNOWLEDGES THAT THIS SECTION APPLIES TO ALL CONTENT ON THE SITE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO USER, THE LIMITATIONS WILL APPLY TO USER ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
- TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, TURNER'S 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 THE SITE.
User agrees to defend, indemnify and hold harmless Turner, its parent, subsidiaries, affiliates and its directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of the use or proposed use of the Site or the Materials by User or User's Account. Turner reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, User shall provide Turner with such cooperation as is reasonably requested by Turner.
Turner may terminate this Agreement at any time. Without limitation of the foregoing, Turner may immediately terminate User's Account and use of the Site in the event of any conduct by User which Turner, in its sole and absolute discretion, considers to be unacceptable or in the event of any breach by User of this Agreement or any applicable law or regulation or which does or may tend to expose Turner or any other content provider or licensor to any liability. Sections 4, 6-9, and 11 shall survive any termination of this Agreement.
- Privacy Statement
- To register for an Account, Turner may collect personally identifiable information that includes, without limitation,: name, company name, address, e-mail address, telephone number, fax number, and type of company. Turner may use the information User provides to fulfill User's requests for Turner products, programs, and services, to respond to inquiries about Turner offerings, and to offer User other products, programs or services that Turner believes may be of interest to User. Turner sometimes uses this information to communicate with User, such as to contact User about changes to the Site.
- Turner may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. Turner also may disclose such information in response to a law enforcement agency's request.
- This Site is governed by and operated in accordance with United States law. If User is located outside of the United States, User uses this Site at its own risk. Turner is a company that operates globally so it is necessary to transfer User information internationally. In particular, User information will be transferred to and processed in the United States where many of our central databases operate. By using this Site, User (a) acknowledges that the data protection and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in User’s country, and consent to User information being collected, processed and transferred as set forth in this Section 9 and United States law.
- Turner has put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that information will never be disclosed, altered or destroyed in a manner that is inconsistent with this Section 9.
This Agreement and any operating rules for the Site established by Turner 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. The provisions of this Agreement are for the benefit of Turner, its parent, subsidiaries, other affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf. If User accesses the Site from any location other than the United States, User accepts full responsibility for compliance with all local laws. User is also subject to United States export controls and is responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. 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. This Agreement shall be construed in accordance with the laws of the State of Georgia without regard to its conflict of laws rules. If any part of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of this Agreement will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import. Neither party shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
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