CNN INTERACTIVE SERVICE AGREEMENT
1. Definitions.
"CNN Interactive" is the interactive on-line service operated by Cable News Network LP, LLLP ("CNN") on the World Wide Web of the Internet, consisting of
information services and content provided by CNN, affiliates of CNN and other third
parties. "Subscriber" means each person who establishes or accesses a connection
("Account") for access to and use of CNN Interactive.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to
use of CNN Interactive, including, but not limited to, supplemental terms and
conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing
the use of certain specific material contained in CNN Interactive, sets forth the
terms and conditions that apply to use of CNN Interactive by Subscriber. By
using CNN Interactive (other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and conditions hereof. The
right to use CNN Interactive is personal to Subscriber and is not transferable to
any other person or entity. Subscriber is responsible for all use of Subscriber's
Account (under any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this Agreement.
Subscriber shall be responsible for protecting the confidentiality of Subscriber's
password(s), if any.
(B) CNN shall have the right at any time to change or discontinue any aspect or
feature of CNN Interactive, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
3. Changed Terms.
CNN shall have the right at any time to change or modify the terms
and conditions applicable to Subscriber's use of CNN Interactive, or any part thereof,
or to impose new conditions, including, but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on CNN Interactive, or by electronic or conventional mail, or by
any other means by which Subscriber obtains notice thereof. Any use of CNN
Interactive by Subscriber after such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use of
CNN Interactive and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use CNN Interactive for lawful purposes only. Subscriber
shall not post or transmit through CNN Interactive any material which violates
or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without CNN's express prior approval, contains
advertising or any solicitation with respect to products or services. Any
conduct by a Subscriber that in CNN's discretion restricts or inhibits any other
Subscriber from using or enjoying CNN Interactive will not be permitted.
Subscriber shall not use CNN Interactive to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of users to
become subscribers of other on-line information services competitive with CNN
Interactive.
(B) CNN Interactive contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of CNN Interactive
are copyrighted as a collective work under the United States copyright laws.
CNN owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it.
Subscriber may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole or
in part. Subscriber may download copyrighted material for Subscriber's
personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of CNN and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice shall be
made. Subscriber acknowledges that it does not acquire any ownership rights
by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on CNN
Interactive any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining that any material is not
protected by copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of CNN Interactive, Subscriber automatically grants,
or warrants that the owner of such material has expressly granted CNN the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term
of any copyright that may exist in such material. Subscriber also permits any
other Subscriber to access, view, store or reproduce the material for that
Subscriber's personal use. Subscriber hereby grants CNN the right to edit,
copy, publish and distribute any material made available on CNN Interactive by
Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of CNN, its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on its
own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF CNN INTERACTIVE
IS AT SUBSCRIBER'S SOLE RISK. NEITHER CNN, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CNN
INTERACTIVE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF CNN INTERACTIVE, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH CNN
INTERACTIVE.
(B) CNN INTERACTIVE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT CNN IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
SUBSCRIBER.
(D) IN NO EVENT WILL CNN, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING CNN INTERACTIVE OR
THE CNN INTERACTIVE SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE CNN
INTERACTIVE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
CNN INTERACTIVE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CNN,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN CNN INTERACTIVE, OR
FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE,
SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING
OR OTHER INFORMATION. CNN, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, CNN, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
7. Monitoring.
CNN shall have the right, but not the obligation, to monitor the content
of CNN Interactive, including chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by CNN and to satisfy any law,
regulation or authorized government request. CNN shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to or posted on
CNN Interactive. Without limiting the foregoing, CNN shall have the right to remove
any material that CNN, in its sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless CNN, its
affiliates and their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising out of the use of
CNN Interactive by Subscriber or Subscriber's Account.
9. Termination.
Either CNN or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, CNN shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which CNN, in its sole
discretion, considers to be unacceptable, or in the event of any breach by Subscriber of
this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section
9 shall survive termination of this Agreement.
10. Trademarks.
CNN , CNN Interactive , CNNFN , and CNN Learning and each
of their logos are trademarks of Cable News Network LP, LLLP, a Time Warner Company. All rights reserved. All
other trademarks appearing on CNN Interactive are the property of their respective
owners.
11. Third Party Content.
CNN is a distributor (and not a publisher) of content supplied by
third parties and Subscribers. Accordingly, CNN has no more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed or made
available by third parties, including information providers, Subscribers or any other
user of CNN Interactive, are those of the respective author(s) or distributor(s) and not
of CNN. Neither CNN nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through CNN Interactive represents the
opinions and judgments of the respective information provider, Subscriber, or other
user not under contract with CNN. CNN neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on CNN Interactive
by anyone other than authorized CNN employee spokespersons while acting in their
official capacities. Under no circumstances will CNN be liable for any loss or damage
caused by a Subscriber's reliance on information obtained through CNN Interactive. It
is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through CNN
Interactive. Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for CNN Interactive
established by CNN constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the State of Georgia, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
CNN respects the rights of all copyright holders and in this regard, CNN has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CNN's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
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:
Copyright Agent
One CNN Center
Box 105573
Atlanta, GA 30348
Phone: (404) 878-2276
Fax: (404) 827-1995
Email: copyrightagent@turner.com
For web posting, reprint, transcript or licensing requests for CNN material, please contact licensing.agent@turner.com
For any questions or requests other than copyright issues or licensing requests, please contact http://cnn.com/feedback.
14. Supplemental Terms
Associated Press Notice
Associated Press text, photos, graphics, audio and/or video
materials shall not directly or indirectly be published,
rewritten for broadcast or publication or redistributed in
any medium. Neither these AP materials nor any portion
thereof may be stored in a computer except for personal and
non-commercial use. Subscriber does not hold the AP liable
for any delays, inaccuracies, errors or omissions therefrom
or in the transmission or delivery of all or any part thereof
or for any damage arising from any of the foregoing.
Copyright 1999 Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten, or
redistributed.
Lexis-Nexis Service Agreement 
Reuters Limited Notice
Copyright 1999 Reuters Limited. All rights reserved. Reuters
content may not be stored except for personal, non-commercial
use. Republication and redissemination of Reuters content is
expressly prohibited without the prior written consent of
Reuters. Reuters shall not be liable for any errors,
omissions, interruptions or delays in connection with the
Reuter content or from any damages arising therefrom.
S&P; Comstock, Inc.
All information provided by S&P; ComStock, Inc. ("ComStock") and its affiliates (the "ComStock Information") on the Cable News Network World Wide Web sites is owned by or licensed to ComStock and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the ComStock Information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any ComStock Information in any format to anyone, and no user shall use any ComStock Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
Prior to the execution of a security trade based upon the ComStock Information, you are advised to consult with your broker or other financial representative to verify pricing information.
Neither ComStock nor its affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the ComStock Information. The ComStock Information is provided to the users "as is" Neither ComStock nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the ComStock Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
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