· Section 2 User Content. We streamlined information concerning the handling and use of content provided by you or others in connection with the Sites. In some cases additional terms will apply to portions of the Sites that collect user content.
(C) Changes to Site. TBS may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. User Content and Conduct; Community Guidelines
The following terms apply to content submitted by users, and user conduct, on the Site’s Interactive Areas:
(B) Community Guidelines. By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct:
· You agree not to upload, post or otherwise transmit any User Content that:
o violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
o you know to be false, misleading or inaccurate.
o contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
o contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
o violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
o advocates violent behavior.
o poses a reasonable threat to personal or public safety.
o contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
o is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by TBS, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
o does not generally pertain to the designated topic or theme of any Interactive Area.
o contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
· You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
· You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
· You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by TBS.
· You agree not to impersonate any person or entity, including, but not limited to, TBS or any TBS employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
· You agree not to represent or suggest, directly or indirectly, TBS's endorsement of User Content.
· You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
· You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
· You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
· You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
· You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web "robots" and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
· You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
Any conduct that in TBS’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. TBS reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
TBS does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
The decision by TBS to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of TBS in connection with or arising from use by you of Interactive Areas on the Site.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by TBS or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release TBS, and its licensees, successors and assigns, from any claims that you could otherwise assert against TBS by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
3. Copyright Ownership.
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. TBS owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You 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. You may download copyrighted material for your 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 TBS 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. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
TBS is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of TBS. Neither TBS 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 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with TBS. TBS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will TBS be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. TBS is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions.
TBS may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TBS, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TBS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TBS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, 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 ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. TBS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.
(D) 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 YOU 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 THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, 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 SITES. YOU AGREE 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, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
(E) TBS disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to TBS’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.
You agree to defend, indemnify and hold harmless TBS, 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 the Site by you or your Account. TBS 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, you shall provide TBS with such cooperation as is reasonably requested by TBS.
TBS, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
10. Governing Law.
The content, data, video, and all other material and features on the Site are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
11. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site, TBS or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to TBS by email to firstname.lastname@example.org AND by U.S. Mail to Copyright Agent, Turner Broadcasting System, Inc., 1050 Techwood Drive, NW, ATTN: Legal Dept., Atlanta, GA 30318-5604. To the extent that TBS has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. TBS and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. TBS and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, TBS or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites.
For residents outside the United States, arbitration shall be initiated in New York, New York, and TBS and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over TBS and you otherwise qualify for such small claims court and where your claim does not include a request for any type of equitable relief.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, TBS and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of TBS to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
12. Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of TBS to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
Neither TBS nor you 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.
14. Copyrights and Copyright Agent.
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 users 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:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. 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
6. 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:
Turner Broadcasting System, Inc.
1050 Techwood Drive, NW
ATTN: Legal Dept.
Atlanta, GA 30318-5604
For any questions or requests other than copyright issues or licensing requests, please contact http://the Site/feedback.
- provide and communicate with you about the Services or your account with us,
- fulfill your requests regarding the Services, including without limitation requests for newsletters and notifications,
- respond to your inquiries,
- communicate with you about other products, programs or services that we believe may be of interest to you,
- enforce the legal terms (including without limitation our policies and terms of service) that govern your use of our Services, and/or for the purposes for which you provided the Information,
- provide technical support for the Services,
- prevent fraud or potentially illegal activities (including, without limitation, copyright infringement) on or through the Services,
- protect the safety of our Users,
- perform analysis regarding how you use the Services or any part thereof.
- To service providers or Partners that we have engaged to perform business-related functions on our behalf. This may include service providers that: (a) conduct research and analytics; (b) create content; (c) provide customer, technical or operational support; (d) conduct or support marketing (such as email or advertising platforms); (e) fulfill orders and user requests; (f) handle payments; (g) host our Services, forums and online communities; (h) administer contests; (i) maintain databases;; and (j) otherwise support our Services.
- In response to legal process, for example, in response to a court order or a subpoena, a law enforcement or government agency's request or similar request.
- We may transfer some or all of your Information if we, or one of our business units, undergoes a business transition, like a merger, acquisition by another company, or sale of all or part of our assets, or if a substantial portion of our or of a business unit’s assets is sold or merged in this way.
- We may share the Information with Turner Affiliates, so they can provide, improve and communicate with you about their own, or their marketing partners’ products and services. A representative list of our affiliates is available in the Turner Affiliates section below.
This policy applies to any online and mobile website, application and digital service ("Services") of Turner Broadcasting System, Inc. and its Affiliates which displays the policy. We use "Turner", "we", "us" and "our" to refer to Turner Broadcasting System, Inc. and its Affiliates and to your personal data as "Information". You can also learn about cookies and similar technology in this policy.
We use Information to allow you to use the Services. Click here to learn more.
If you give us permission, we will send you news and promotional material about our Services. You can change your mind about this at any time and ask us not to process your Information for direct marketing purposes, including profiling related to direct marketing. This policy explains when we process Information, for our legitimate interests. You can ask us to stop processing this Information. Click here to learn more about your rights and how you can exercise them.
We provide interactive features that engage with social media sites, such as Facebook and Twitter. If you use these features, these sites will send us Information about you. Click here to learn more.
We disclose Information when you agree that we can share Information with business partners or other Turner Affiliates. We also share Information with third parties we engage to process Information on our behalf or when such sharing is required by law, or in certain other situations. Click here to learn more.
We transfer your Information to the United States and to other countries have measures in place to protect Information that we collect, store and transfer. Click here to learn more.
I. HOW WE USE YOUR INFORMATION
We use your Information for the following purposes:
1. To fulfil a contract, or take steps prior to entry into a contract:
(a) to process your registration for the Services, or entry to a competition;
(b) to provide the Services, to communicate with you about them or your account with us;
(c) to send you information about changes to our terms or policies; and
(d) to verify your identity.
2. Where this is necessary for purposes which are in our, or third parties', legitimate interests:
These interests are:
to fulfil your requests and inquiries regarding the Services and to notify you if you have won a contest;
to provide technical support for the Services;
to analyse how you use the Services, including which videos you like to watch, and to help us develop new services; and
3. Where you give us consent:
(a) to send you newsletters you have requested and to use technologies to check if these have been received and opened; and
(b) to send you content, offers, rewards, and promotional materials, by email or on other sites, apps or social media, which may be personalized based on your visits to and use of the Services and to check to see if these ads have been received and if they were of interest to you.
4. For purposes which are required by law;
(a) in response to requests by government or law enforcement authorities conducting an investigation.
II. INFORMATION WE RECEIVE
From You We receive Information that you provide to us directly, such as registration Information, and Information that is collected automatically, such as Information collected from your browser or device.
From Third Parties. We also receive some Information about you from third parties.
When you engage with our content through social media, or other non-Turner, sites or applications, those sites will share Information with us:
about the content you have viewed or interacted with, your game performance and high scores, and about adverts within the content which you have been shown or clicked on; and
in your profile – for example, your name, e-mail address, gender, birthday, location, user ID, photos and videos, your list of friends or connections, people you follow and/or who follow you, or your posts or "likes".
The privacy policies for these sites and applications will contain more detail about this and how to change your privacy settings on those sites and applications.
III. INFORMATION SHARING AND DISCLOSURE
We share your Information:
1. With service providers we have engaged to perform business-related functions on our behalf. For example, to: (a) conduct research and analytics; (b) create content; (c) provide customer support services; (d) conduct or support marketing; (e) fulfil orders; (f) handle payments; (g) host Services; (h) administer contests; and (i) maintain databases;
2. In response to legal process, for example, in response to a court order or a subpoena, a law enforcement or government agency's request;
4. If we, or one of our business units, undergoes a business transition, like a merger, acquisition by another company, or sale of all or part of our assets;
5. With your consent, we share Information with other organisations so they can market their products and services to you. We share Information with:
Turner Affiliates - A list of Turner Affiliates is available here; and
Advertising networks and platforms (for more information on this see the section on cookies and similar tracking technologies), magazine publishers, database, retailers, participatory databases and non-profit organisations.
IV. COOKIES AND SIMILAR TRACKING TECHNOLOGIES.
We use tracking technologies for the following purposes:
Strictly necessary purposes
To let you login, to ensure site security and to provide shopping cart functionality. Without this type of technology, our Services won't work properly or won't be able to provide certain features and functionalities.
To analyse how visitors use a website, for instance which pages visitors visit most often, in order to provide a better user experience. We also use this technology to check if you have opened our emails, so we can see if they are being delivered correctly and are of interest.
To remember choices you have made – such as language or region.
To limit the number of times you see an advertisement, or to customize advertising across Services and make it more relevant to you and to allow us to measure the effectiveness of advertising campaigns and track whether ads have been properly displayed so we can pay for this.
Social media cookies
Cookies are used by social media services to enable you to share our content with your friends and networks. These cookies may track your browser across other sites and build a profile of your interests, which may impact the content and messages you see on other websites that you visit.
How to manage & remove cookies
If you are using our Services via a browser you can restrict, block or remove cookies through your web browser settings. The Help menu on the menu bar of most browsers also tells you how to prevent your browser from accepting new cookies, how to delete old cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.
You can also visit http://www.aboutcookies.org for more information on how to manage and remove cookies across a number of different internet browsers. You also have the option to change your choices relating to cookies utilized to deliver behaviorally targeted advertising here “Advertising cookies”.
We also use Flash cookies to provide some content such as video clips or animation. You can manage Flash cookies via Adobe's website.
If you are using our Services via an application, the operating system for your device provides instructions on how to prevent tailored advertising and how to reset your device's advertising identifier.
If you would like to contact us about cookies please email us at email@example.com
V. OTHER IMPORTANT INFORMATION ABOUT YOUR PRIVACY
1. International Transfer
2. Data Security
We have 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.
3. Retention of Your Information
We keep details of users who have registered for a Service with us for as long as you use the Service and for up to 18 months afterwards.
If you make payments in connection with the Services, we keep payment data for 13 months after the date of payment.
If you contact us with support queries, we keep the data for between 3 and 18 months, depending on the nature of the query and whether you have registered with us for a Service.
Our cookies and other tracking technologies expire 13 months from the date after you give or renew consent for us to use these technologies.
Where we process Information for marketing purposes, we process the Information while you remain interested in the marketing (for example, where you open and read our offers) and for three years after that point. If you ask us to stop sending marketing we will keep your Information for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your Information indefinitely so that we can respect your request in the future.
Where we process Information for Service security purposes, we retain it for 6 months.
4. Your Rights/How to Contact Us
You have the right to ask us for a copy of your Information, to correct, delete or restrict (stop any active) processing of your Information; and to obtain the Information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share this Information to another controller.
In addition, you can object to the processing of your Information in some circumstances (in particular, where we do not have to process the Information to meet a contractual or other legal requirement).
These rights may be limited, for example if fulfilling your request would reveal Information about another person, or if you ask us to delete Information which we are required by law to keep or have compelling legitimate interests in keeping.
Where you have given consent to our using your Information for marketing, you can withdraw your consent at any time. You can also ask us not to carry out profiling for direct marketing purposes. You can opt out of receiving email newsletters and other marketing communications by following the opt-out instructions provided to you in those emails. If you sign up to receive SMS or MMS messages, you can unsubscribe from those messages received by replying "STOP".
You also have a right to complain to a supervisory authority for data protection in the country where you live, where you work, or where you consider that a breach of data protection has occurred, although we hope that we can assist with any queries or concerns you may have about our use of your Information. Our Data Protection Officer can be contacted with any such queries or concerns about our use of our information at the contact details listed below.
Data Protection Officer
VI. WHO IS THE DATA CONTROLLER?
This policy applies to a number of Turner companies. The company which is responsible for a particular Service (the data controller) is listed below:
Turner Broadcasting System, Inc.
Turner Broadcasting System Europe Limited (Data Protection Representative)
VII. UPDATES & EFFECTIVE DATE
From time to time, we may update this policy. We will notify you about material changes by either sending an email message to the email address you most recently provided to us or by prominently posting a notice on our Service. We encourage you to periodically check back and review this policy so that you know what Information we collect, how we use it, and with whom we share it.
The policy posted on this Service was updated on July 9, 2018.
Is this job for you?
When you see a job you're interested in, carefully review the job description and determine if you meet the minimum requirements. Those requirements are a must and it wouldn't be productive to apply if you do not meet them.
In addition, you should review any "preferred" requirements that may be indicated. The more your background and skills are aligned with preferences and the requirements, the better the chance that you'll be a good match with the company and vice versa.
Our recruiters review resumes for required experience, skills and abilities, education requirements and relocation consideration. They must identify the best candidates from the applicant pool; therefore those that do not meet the minimum requirements may not be contacted. Ensure that positions you are applying for are a match or a natural next step. The roles you have previously held should support and complement the position for which you are applying.
Advertising Standard Terms and Conditions - USA
1. APPLICATION These terms and conditions, between Turner and Agency and Advertiser (“Standard Terms”) shall apply to any purchase made by Advertiser, or by Agency on behalf of Advertiser, for the placement of any form of advertising or promotion on any Turner service, including but not limited to, networks and web sites. The Standard Terms, along with the applicable Insertion Order, shall constitute the agreement between Turner and Agency and/or Advertiser with respect to the specific advertising placement (the “Agreement”) and will govern and control all current and prospective services that Turner may periodically render for Agency, Advertiser and/or any other advertiser for whom Agency may order advertising or related services or on whose behalf Agency places advertising with Turner.
2. TERMINATION Turner may terminate this Agreement at any time (i) upon material breach by Agency or Advertiser, (ii) pursuant to paragraph 4 hereof, or (iii) if Agency's or Advertiser's credit is, in Turner's reasonable opinion, impaired. Upon any termination by Turner, all unpaid accrued charges shall immediately become due and payable.
3. FORCE MAJEURE If, as a result of an act of God, force majeure, public emergency, labor dispute, restriction imposed by law or other governmental order, technical failures or for any other cause beyond Turner's reasonable control, Turner fails to telecast or otherwise provide access to any or all of the advertisement, announcement or program to be provided hereunder, Turner shall not be in breach hereof but Turner shall be authorized to substitute a reasonably satisfactory date and time to telecast or provide access and if no such time is available the time charges allocable to the omitted access will be waived.
4. PRE-EMPTIONS Turner shall have the right to cancel any telecast or portion thereof covered by this Agreement, for any reason, including but not limited to, telecasting any program or event, which, in its sole discretion, it deems to be of public interest or of significance. In the event a satisfactory substitute date and time is not agreed upon, the telecast so pre-empted shall be deemed cancelled and the charges allocable thereto, cancelled.
5. COMMERCIAL MATERIALS All commercial materials shall be furnished to Turner and delivered to it at Agency and/or Advertiser's sole cost and expense, unless otherwise agreed upon. Such materials, together with any instructions pertaining thereto shall be delivered not less than five (5) business days in advance of the scheduled appearance on the site. At Turner's discretion, Turner may require Agency/Advertiser to submit a script, storyboard, and/or rough-cut of the commercial for Turner's review up to ten (10) business days in advance of the first scheduled air date for linear feeds. Advertiser/Agency must provide the final version of the commercial spot no less than 45 days prior to scheduled flight date for Video On Demand. All materials furnished or approved by Agency or Advertiser shall not be contrary to the public interest, shall conform to Turner's then existing program and operating policy and quality standards and are subject to Turner's prior approval and continuing right to reject, suspend the access of, or require editing of such materials. Agency and Advertiser jointly and severally represent and warrant, and take full responsibility to ensure, that for all materials submitted or approved by Agency or Advertiser (i) they are authorized and have obtained all necessary clearances, permissions, approvals, authorizations, rights and licenses to make available on the site or to telecast the entire contents and subject of the materials; (ii) all materials comply with all applicable laws, rules, and regulations, and any industry codes or rules by which Advertiser or Agency may be bound, (iii) (if applicable) the advertising complies with the Children's Online Privacy Protection Act in connection with any information collected by Advertiser, including but not limited to collection of information from CartoonNetwork.com users; (iv) all advertising or any other materials provided shall not contain spyware, adware, or any other software designed to covertly gather user information through the user's internet connection; (v) all advertising or any other materials provided shall not contain unauthorized embedded interactive triggers or other software that automatically diverts users from any Turner site or service; and (vi) all materials are accurate and that all claims contained therein have been substantiated. Without limiting the foregoing, Agency and Advertiser agree, represent and warrant that, with respect to advertising placed on Turner's web sites, they shall secure any and all clearances, permissions, approvals, authorizations, rights and licenses necessary for Turner's placement of all elements contained in the materials for uses of all types in all geographical areas serviced by the World Wide Web of the Internet. Turner will not be liable for loss or damage to, or errors or omissions in, any advertising provided by or approved by Advertiser or Agency. If requested within thirty (30) days of the last access hereunder, Turner will at Agency or Advertiser's sole expense return the material to Agency or Advertiser. All material not so requested shall be disposed of at any time after sixty (60) days following the last access hereunder.
6. INDEMNIFICATION Agency and Advertiser will jointly and severally indemnify, defend (at Turner’s election) and hold harmless Turner from and against all claims, demands, debts, obligations, judgments, settlements, or charges (including, without limitation, reasonable attorneys’ fees and disbursements) which arise out of or result from Agency's and/or Advertiser's breach or alleged breach of any obligations, representations, or warranties hereunder, or the appearance of materials, or contemplated appearance of materials, furnished by or on behalf of Agency or Advertiser or furnished by Turner for the benefit of Agency and/or Advertiser. In all such instances, Agency and Advertiser are responsible for and must promptly reimburse Turner for all attorneys’ fees, costs, expenses, judgments, and/or settlements as they are incurred. The provisions of this paragraph shall survive the termination or expiration of this Agreement.
7. GENERAL (a) No conditions, printed or otherwise, appearing on Agreements, insertion orders, or instructions, which conflict with the provisions of this confirmation Agreement will be binding on Turner, unless agreed by the parties.
(b) Unless otherwise agreed by Turner and Agency or Advertiser, with respect to on-line advertisements, Turner shall have the right to insert the advertising in various areas of the applicable website from time to time in its discretion and all advertising positioning/placement clauses or conditions will be treated as requests and cannot be guaranteed. Subject to the terms and conditions hereof, with respect to on-air advertisements, Turner will telecast the advertising and programs covered by this Agreement on the date and at the approximate hour and time agreed upon by the parties. Advertising placed in VOD services shall be available according to the schedule agreed by the parties. Turner shall have no obligation to telecast for the benefit of any person other than Agency and Advertiser or for a product or service other than that agreed upon by the parties.
(c) Turner agrees to hold Agency and the other subsidiaries of Agency Group (collectively, "AG"), solely liable for payment to Turner to the extent proceeds have cleared from its Advertiser clients (each, an "Advertiser") to AG for any amount payable to Turner. For sums owing but not cleared to AG, or for sums cleared but subsequently returned by AG to Advertiser or its successor or estate in bankruptcy (in any case the “Trustee”),Turner agrees, except as stated otherwise herein, to hold the Advertiser solely liable. AG will make reasonable commercial efforts to collect payment from Advertiser. AG acknowledges and agrees that in the event Advertiser payment is at least 30 days past due and/or in the event a petition under the U.S. Bankruptcy Code is filed by or against AG, Turner may contact Advertiser directly with respect to payment and pursue any other collection activities in its sole discretion, and in such event Advertiser shall be liable directly to Turner. In the event AG is subject to a claim or action by Advertiser or a Trustee for the return of any amount paid to AG for the benefit of Turner under the preferential transfer or other avoidance provisions of the U.S. Bankruptcy Code (an "Avoidance Action"), AG shall notify Turner and AG shall use its best efforts to defend such Avoidance Action in good faith, subject to Turner’s approval.
Advertiser and/or Agency will pay for all such services within thirty (30) days of the date of the invoice. Interest will be added to all past due payments at the lesser of eighteen percent (18%) per annum or the maximum payment by law, calculated from the date of the invoice. Advertiser and Agency agree to pay and be liable for all costs of collection, including, without limitation, court costs and 15% of principle and interest due as attorneys’ fees pursuant to OCGA section 13-1-11.
(d) Orders for advertising shall be non-cancelable after ten (10) business days prior to the first date on which it is scheduled to appear within the specified Turner site, network or service and through the advertising period agreed to pursuant to the insertion order.
(e) Advertiser and/or Agency shall notify Turner in writing within thirty (30) days from the date of invoice of any discrepancy or disagreement with any telecast, advertisement, service, and/or the amount charged for the same. Advertiser’s and/or Agency’s failure to report any such discrepancy or disagreement in writing within such time will constitute a waiver of any claim relating to such discrepancy or disagreement. Advertiser and/or Agency shall pay all uncontested portions of invoices pursuant to the terms set forth herein. Interest may accrue as set forth above on any late payments.
(f) The parties will attempt to make up for audience shortfalls, if any, versus the quarterly guidelines set forth above through the provision of Audience Deficiency Units (ADUs). The parties will work together to do so within the 12 months immediately following the end of flight; if they cannot do so within 24 months of the end of flight, Advertiser agrees that Turner will have delivered on this contract in full and in no event has any further obligations under this contract.
(g) Unless otherwise specifically agreed upon by the parties, no cash discounts, volume discounts or other discounted rates will apply.
(h) Turner, Agency and Advertiser acknowledge that they will have access to certain trade secrets and other non-public confidential information of each other during and in connection with the performance of services ("Confidential Information"), and each hereby agrees not to disclose any Confidential Information to any third party and not to use any such Confidential Information for any purpose other than the performance of services pursuant to these Standard Terms. All such Confidential Information and trade secrets are and shall remain the exclusive property of their respective owner and no license shall be granted or implied with respect to such Confidential Information or trade secrets by reason of access to the same in connection with the performance of services hereunder. The foregoing agreement of non-use and nondisclosure shall survive any termination or expiration of any agreement between the parties and shall continue in full force and effect for a period of three (3) years from the date of the Agreement.
(i) This agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law principles or provisions. Any suit, action or proceeding brought in connection with or arising under this Agreement that is commenced by Advertiser or Agency against Turner must be brought in a Federal, State or local court of competent jurisdiction located in Fulton County, Georgia. In addition, Advertiser and Agency hereby expressly consent that any Federal, State or local court of competent jurisdiction located in Fulton County, Georgia shall have personal jurisdiction over them with respect to any suit, action or proceeding brought in connection with or arising under this Agreement that is commenced by Turner.
(j) In the event of a breach hereof by Turner, the exclusive remedy of Advertiser and Agency therefore shall be a credit for substituted advertising time of equal value, and in no event shall Turner be liable for any consequential or incidental damages, or monetary damages of any type.
(k) This Agreement is subject to the terms of licenses held by Turner and is subject also to all laws and regulations now enforced or which may be enacted in the future, including but not limited to the rules and regulations of the Federal Communications Commission and Ofcom, where applicable.
(l) As used herein the term "Turner" shall refer to Turner Broadcasting System, Inc., on behalf of itself and/or any of its relevant subsidiaries, and its and/or their networks, as well as owned or controlled digital platforms (“Media Company”) and/or platforms on which Media Company has a contractual right to serve advertising (collectively “Turner”).
(m) The party placing advertising on behalf of Advertiser and Agency acknowledges that it has the authority to do so and that by its placement has caused both Advertiser and Agency to be bound by the terms hereof. Agency shall be deemed to be acting as the principal and the authorized agent for any advertiser for whom Agency may order advertising or related services and/or on whose behalf Agency places advertising with Turner, including, without limitation, Advertiser and Agency agrees that it has the authority to legally obligate Advertiser as provided herein.
(n) A waiver by Turner of any of the terms or conditions of this Agreement shall not be deemed to be a waiver of such terms or conditions for the future, or of any subsequent breach thereof, nor shall any such waiver relieve Agency or Advertiser from their obligations to comply strictly with the terms and conditions of this agreement.
(o) If any term or condition of this Agreement is declared invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(p) Advertiser and Agency acknowledge and agree that time is of the essence in this Agreement.
End of Standard Terms and Conditions
Termos e Condições Padrão de Publicidade
LATIN AMERICA (NON-BRAZIL) - ENGLISH
Advertising Standard Terms and Conditions
LATIN AMERICA (NON-BRAZIL) - SPANISH
Términos y Condiciones Estándar para la Contratación de Publicidad
Notice to Pay-TV Operators in Chile Re FNE Commitments
ASIA PACIFIC - English
Advertising Standard Terms and Conditions
- APPLICATION: The terms and conditions of this contract between Cable News Network, Inc. and/or any of its subsidiaries or divisions (CNN) and Agency and Advertiser, for the placement of any form of advertising or promotion (Advertising) on any CNN service including all networks, platforms, applications and websites owned, operated, or controlled by CNN, and such websites on which CNN has the contractual right to serve Ad Materials ( all such sites, Sites and all such services collectively CNN Services). These Standard Terms, along with the applicable Letter of Confirmation (LOC) or Insertion Order (IO), as applicable, constitute the agreement with respect to the specific advertising placement on CNN Services (Agreement). In this Agreement Company means:
- the Advertiser who has executed the LOC or IO, as applicable; or (b) where the LOC or IO as applicable, has been executed by an Agency on behalf of an Advertiser, Company means the Advertiser and Agency jointly and severally. These Standard Terms accommodate a variety of transactions on one or more CNN Services and in the event that a section of the Standard Terms is not relevant to a specific transaction then such section will not apply. On the condition that the LOC/IO has been mutually agreed and is signed by both parties, orders for Advertising are non-cancelable.
- TERMINATION: CNN may terminate this Agreement at any time: (a) upon material breach by Company;
- if CNN considers that performance of this Agreement is in breach of applicable law, including but not limited to in breach of privacy laws, anti-bribery laws, codes, rules and regulations relating to advertising content and any industry codes or rules by which Company may be bound, such as OFCOM; (c) if Company fails to pay CNN within thirty (30) days from the date of any invoice and/or if in CNN's reasonable opinion, the credit of Company is impaired, and (d) upon breach by Company of any warranties in either paragraph 7 and/or paragraph 13(d), the limitation of liability and indemnification in paragraph 10, the data terms in paragraph 9 and/or the confidentiality terms in paragraph 12. Upon such termination, all unpaid accrued charges are immediately due and payable. Termination is without prejudice to any right or remedy accruing prior to the date of termination. If CNN breaches this Agreement, the exclusive remedy of Company will be a credit for substituted advertising time of equal value, and CNN is not liable for any special, consequential or incidental loss or monetary damages of any type. CNN will not issue refunds or credits.
- ONLINE REPORTING AND INVOICING: CNN will track ad delivery through its own reporting from its designated first party ad server. For contract based media buys, CNN will invoice Company based on the agreed contract rate and payment schedule. For performance based media buys, CNN will report and invoice based on actual impressions delivered. Invoice reconciliation will occur at the request of the Company where the difference between CNN’s reported impressions and the Company’s third party ad server’s reported impressions is greater than 10%. Media buys that are based on share of voice, are time based, include roadblocks and/or homepage takeovers, and/or include Custom Materials (defined below), are billed on a flat fee basis. There is no impression guarantee for such media buys, regardless of the share of voice delivered or contracted. Company will remain liable to CNN for amounts due for any custom content and/or development and production of all content and all revisions to it (Custom Materials) commissioned to CNN by Advertiser or completed by CNN or its third-party vendor prior to the effective date of termination.
Agency and Advertiser acknowledge and assume full responsibility, jointly and severally, for payment of all Advertising and related expenses incurred, ordered, and provided on behalf of the Advertiser by CNN. Payment for all advertising services provided by CNN are due and payable within thirty (30) days from the date of the invoice. Interest is added to all amounts thirty (30) days or more past due at the highest legal rate permitted under the law of these terms and conditions, calculated from the date of invoice. Should timely payments not be made, Company agrees to pay all costs of collection, including attorney's fees of fifteen perecent (15%) and court costs, if collected by law or through an attorney at law.
In the event that Advertising thresholds for any Advertising campaign fall below guaranteed levels, as set forth in the LOC/ IO, and/or if there is an omission of any ad (placement or creative unit), Company and CNN will endeavor to agree upon the conditions of a make-good flight of advertising, either in the LOC or IO or at the time of the shortfall. If no make-good can be agreed upon, Company may execute a credit equal to the value of the under-delivered portion of the LOC or IO for which it was charged provided, however that such credit must be consumed within 24 months from the last date of the original Advertising campaign unless CNN agrees otherwise in writing.
- PRE-EMPTIONS: CNN does not guarantee the Advertising will be transmitted strictly in accordance with Advertising bookings. CNN may cancel any telecast, transmission, exhibition of any Advertising or any portion of Advertising covered by this Agreement for any reason, including telecasting any program or event which, in CNN’s sole discretion, CNN deems to be of public interest or of significance. CNN is not in breach of this Agreement as a result of such cancellation. In the event a satisfactory substitute date and time is not agreed upon for the transmission of such cancelled Advertising, that part of the Advertising so pre-empted shall be deemed cancelled and CNN shall waive the charges allocable to the cancelled transmission only.
- OMISSION OF DELIVERY: All Advertising bookings must be made at least seven (7) business days before the first scheduled transmission date. If as a result of a major news event, act of God, force majeure, public emergency, labour dispute, restriction imposed by law or other governmental order, technical failure or for any other cause beyond CNN's reasonable control, CNN fails to exhibit the Advertising, CNN will not be in breach of this Agreement but CNN may substitute a reasonably satisfactory date to transmit or exhibit such omitted Advertising and if no such date is available CNN will waive the time charges allocable to the omitted transmission only and that part of the Advertising shall be deemed cancelled.
- ADVERTISING: All Advertising must be furnished to CNN and delivered to it at Company's sole cost and expense. Such Advertising, together with any instructions pertaining to it, must be delivered not less than five
(5) business days in advance of the scheduled delivery and/or transmission. At CNN’s discretion, CNN may require Company to submit a script, storyboard, edits, designs and/or written content of the Advertising for CNN’s review up to ten (10) business days in advance of the first scheduled delivery or transmission date. All Advertising materials furnished must not be contrary to the public interest, must not infringe on any third party rights, must conform to CNN's policies, quality standards and technical requirements and are subject to CNN’s prior approval and continuing right to reject, remove, suspend the delivery of or require editing of such materials. Any software code or vendor tags placed on any Ad Materials that run on CNN’s site must be approved and certified by CNN. CNN retains the right to remove any software code placed on Ad Materials that threatens or otherwise causes a disturbance to CNN’s Sites. In the event that Advertising is not received in time, is delivered incorrectly or, in CNN’s sole opinion is unsuitable for transmission, then CNN’s obligation to transmit the Advertising will be reduced on a pro-rata basis without affecting the total cost to be paid by Company.
- WARRANTIES: Company represents and warrants, and takes full responsibility to ensure, that: (a) it is authorized and has obtained all necessary clearances, permissions, approvals, authorizations, rights and licenses necessary for CNN's delivery of all elements contained in the Advertising for all uses and geographical areas covered by the relevant advertising campaign, ; (b) all Advertising complies with all applicable laws (including applicable libel, slander and defamation laws), privacy laws, codes, rules and regulations relating to advertising content and any industry codes or rules by which Company may be bound, including but not limited to OFCOM regulations and any regulations with respect to the procurement of services and/or media by government authorities (where applicable); (c) no Advertising contains any software viruses or spyware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise to materially, adversely alter the user experience; (d) no Advertising contains any adware (including any software code or vendor tags) or any other software designed to covertly or overtly gather user information through the user's internet connection; (e) no Advertising contains any unauthorized embedded interactive triggers or other software that automatically diverts users from any Site or CNN Service or contains fake hyperlinks or interactivity, or triggers a pop-up, pop-under or dialogue box or initiates a downloadable application; (f) Company holds sufficient rights and authority to grant CNN the right to use the Advertising (including any materials in the Advertising delivered that is contributed by or on behalf of Company) and that neither those materials nor their inclusion in the Advertising will infringe or violate the rights of any person or entity, including any intellectual property, privacy or publicity right; and (g) all Advertising is accurate and all claims contained in the Advertising have been substantiated.
- CUSTOM MATERIALS: Company will provide CNN with all reasonable co-operation in order that CNN may produce Custom Materials as economically, efficiently and promptly as possible. CNN agrees to consult with Company in relation to production of any Custom Materials, provided, however that, Company acknowledges that CNN retains sole control over production of all Custom Materials and, with respect to sponsored editorial content, sole editorial control. Company will provide any material for incorporation in such Custom Materials as CNN may reasonably request and such material will be of an appropriate standard. In the event Company fails to provide such co-operation and the Custom Materials cannot be transmitted as Advertising in accordance with the terms of this Agreement, Company will remain fully liable for the total cost of the production of the Custom Materials. Unless otherwise agreed in writing, CNN owns all Custom Materials, with the exception of any Advertiser intellectual property (Advertiser IP) that Advertiser provides to CNN to be included in the Custom Materials.
- DATA: Unless otherwise authorized by CNN, Company and any third party technologies on which Company relies in the course of delivery of the Advertising, will not use Site Data for Repurposing (except to the extent that Performance Data may be used for Repurposing so long as it is not joined with any Site Data) or disclose Site Data to any affiliate or third party. CNN retains exclusive ownership and control over Site Data, and Company has no such ownership interest or license in it. Site Data means any data that is: (a) pre-existing CNN data used by CNN pursuant to the LOC / IO; (b) gathered pursuant to the IO during delivery of Advertising that identifies or allows identification of CNN, the Site, brand, content, context or users as such (including mobile identifiers), or (c) CNN data entered by users on any Site. Performance Data is data regarding an Advertising campaign gathered during the delivery of Advertising pursuant to the LOC/ IO (e.g., number of impressions, interactions, and header information), but excludes Site Data. Repurposing means retargeting a user or appending data to a non-public profile regarding a user for purposes other than performance of the LOC/IO, such as for building audience segments tied back to CNN or CNN users, for use in online preference marketing to CNN users, for device graphing, or to perform tracking of CNN users. Company must not permit any third party ad server service provider (Third Party) to use any information received about CNN users or any usage information related to any CNN Services for any purpose other than to fulfil its obligations to Company in connection with the Advertising. Company will procure that any Third Party engaged by it treats any Site Data and Performance Data as the Confidential Information of CNN.
- LIMITATION OF LIABILITY & INDEMNIFICATION: Company indemnifies and holds CNN harmless from and against all claims, demands, debts, obligations, costs, losses, liabilities or charges (including reasonable attorneys’ fees and disbursements) whatsoever that arise from: (a) Company’s breach of this Agreement; (b) the transmission, exhibition or serving of Advertising furnished by or on behalf of Company, (c)the preparation of Advertising (including Custom Materials), (d) the content or subject matter of any Advertising (including Custom Materials to the extent such Custom Materials contain Advertiser IP) or (f) the contemplated delivery of Advertising furnished by or on behalf of Company or furnished by CNN at the request of Company (Advertiser or Agency) for use in connection with the Advertising or Custom Materials. If Agency has signed the LOC, the above indemnity is given by Agency and Advertiser jointly and severally (without limiting the above indemnity) in respect of a breach by either of them and in relation to any materials provided by either of them. The provisions of this paragraph survive the termination or expiration of the applicable LOC /IO. No party’s liability to another party for: (i) death or personal injury resulting from the negligence of itself, its servants or agents; (ii) fraud; or (iii) any other liability the exclusion of which is prohibited or limited by law, shall be excluded or limited by the provisions of this Agreement, save to the extent permitted by law.
- TAXES: Each party shall be responsible for any personal property taxes on property it owns or leases, for franchise and privilege taxes on its business, and for taxes based on its net income or gross receipts. Advertiser shall be responsible for any sales, use, excise or similar taxes payable by Advertiser on any goods or services used or consumed by Advertiser in the performance of this Agreement. If Advertiser is required by law to deduct or withhold from any amount otherwise payable to CNN under this Agreement, then: (a) the amount payable by Advertiser shall be increased as necessary so that after making all required deductions (including deductions applicable to additional amounts payable under this section) CNN receives an amount equal to the amount it would have received had no such deductions been made; (b) Advertiser shall make such deductions, and (c) Advertiser shall pay the full amount deducted to the relevant tax authority in accordance with applicable law. If, in relation to any payment to CNN, any VAT, GST, turnover tax or similar tax is required to be paid, Advertiser will pay that tax to the authorities and pay the full amount of any payment to CNN.
- CONFIDENTIAL INFORMATION: Confidential Information will include: (a) all information marked as Confidential, Proprietary, or similar legend by the disclosing party (Discloser) when given to the receiving party (Recipient), and (b) information and data provided by the Discloser, which under the circumstances surrounding the disclosure should be reasonably deemed confidential or proprietary. Without limiting the foregoing, Discloser and Recipient agree that each Discloser’s contribution to an LOC or IO shall be considered such Discloser’s Confidential Information. Recipient will protect Confidential Information in the same manner that it protects its own information of a similar nature, but in no event with less than reasonable care. Recipient shall not disclose Confidential Information to anyone except an employee, agent, Affiliate, or third party who has a need to know same, and who is bound by confidentiality and non-use obligations at least as protective of Confidential Information as are those in this section. Recipient will not use Discloser’s Confidential Information other than as provided for on the LOC or IO. The foregoing agreement of non-use and nondisclosure shall survive any termination or expiration of any agreement between the parties and shall continue in full force and effect for a period of three (3) years from the date of the Agreement. Confidential Information does not include information which: (i) was previously known to Recipient; (ii) was or becomes generally available to the public through no fault of Recipient; (iii) was rightfully in Recipient’s possession free of any obligation of confidentiality at, or prior to, the time it was communicated to Recipient by Discloser; (iv) was developed by employees or agents of Recipient independently of, and without reference to, Confidential Information, or (v) was communicated by Discloser to an unaffiliated third party free of any obligation of confidentiality. Notwithstanding the foregoing, the Recipient may disclose Confidential Information of the Discloser in response to a valid order by a court or other governmental body, as otherwise required by law or the rules of any applicable securities exchange, or as necessary to establish the rights of either party under these Terms; provided, however, that both Discloser and Recipient will stipulate to any orders necessary to protect such information from public disclosure.
- English law governs this Agreement.
- Where Agency has executed the LOC/IO on behalf of Advertiser, Agency acknowledges that it has the authority to do so and that by its execution has caused both Advertiser and Agency to be bound by the terms of this Agreement.
- A waiver by CNN of any of the terms or conditions of this Agreement is not deemed to be a waiver of such terms or conditions for the future, or of any subsequent breach of it, nor does any such waiver relieve Agency or Advertiser from their obligations to comply strictly with the terms and conditions of this Agreement.
- Advertiser and Agency shall comply with all laws, rules and regulations, and at all times manage their business in accordance with the highest ethical standards and responsible business practices in fulfilling their obligations under this Agreement. Advertiser and Agency each separately represent and warrant to CNN that it has not and shall not, directly or indirectly through any third party, offer, promise, authorize, solicit, pay, or give money or anything else of value: (i) to influence any acts, decisions, or omissions of or by any person; (ii) to induce any person to act improperly in violation of their duty, or
(iii) to induce any person to use their influence with a government or a public or private entity to commit an improper act with an intention to obtain or retain business or to secure an improper business advantage for Advertiser or Agency. Should either Advertiser or Agency become aware or have reason to know of the existence of any offer, promise, payment or transfer of anything of value that may violate or has violated the foregoing representation and warranty, or the U.S. Foreign Corrupt Practices Act, the UK Bribery Act or any other applicable anti-bribery or corruption law, it shall disclose such information immediately to CNN.
- This Agreement does not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any person who is not a party to the Agreement.
- Neither party will not use the other’s trade name, trademarks, logos, or Advertising in any public announcement (including, but not limited to, in any press release) regarding the existence or content of this Agreement without the other’s prior written approval.
- The Parties may execute an LOC or OI in counterparts, each of which shall constitute an original for all purposes, including any copies of same, and all duplicate counterparts will be construed together and constitute one Agreement. On the condition that the LOC /IO has been mutually agreed and is signed by both parties, to the extent terms of the applicable LOC/IO contradict these Standard Terms, these Standard Terms will supersede the LOC/IO.The Parties will be bound by signatures made by hand, or by signatures made by electronic means on the signature line of this document (including, without limitation, by typing one’s name, an “s” mark or other comparable note on the signature line). The Parties agree that such signatures are binding and may be transmitted by mail, hand delivery, facsimile, email and/or any other electronic method to the other party or, if applicable, counsel of record for the party, and will have the same binding effect as any original ink signature.
End of Standard Terms and Conditions
Turner Broadcasting System, Inc. Online Advertising Standard Terms and Conditions
Turner International India Private Limited
Turner distributes its channels in India through Turner International India Pvt Ltd. The terms on which Turner International India Pvt Ltd distributes those channels are set out in the attached documents.
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