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Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THE SITE. BY USING THE SITE YOU AGREE THAT THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND CNN. IF YOU ARE USING THE SITE ON BEHALF OF YOUR EMPLOYER, PRINCIPAL OR CLIENT, EACH OF YOU AND YOUR EMPLOYER, PRINCIPAL OR CLIENT ARE SUBJECT TO THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME.

These Terms of Service (the "Terms of Service") apply to the CNN Collection website (the “Site”) operated by CNN Newsource Sales, Inc. (“CNN” or “We”), including all means by which CNN provides content or services from the Site to you, such as accessing the Site online and delivery of content from the Site to you at your request (the “Service” or “Services”).

These Terms of Service are a license that governs your use of the Services, including your use of content available on the Site (the “Content”) and the Services and your interaction with the Site. This Agreement is in addition to your obligations under the applicable Content License Agreement (if any). In the event of any conflict between this Agreement and the Content License Agreement, the Content License Agreement will control as to the conflicting terms. You may also be required to register to access certain portions of the Site or certain Content, and there may be additional requirements imposed on you as a result of your registration.

CNN may modify these Terms of Service from time to time in its sole discretion. Each time you use or access the Site or Services or Content from the Site via the Services you will be deemed to have accepted any changes to these Terms of Service. CNN shall have no obligation to notify you of any such changes other than posting such modifications on the Site, but We reserve the right (at our discretion) to provide you notice of such changes to any e-mail address you have provided to CNN.

Ownership

The Site is owned and operated by CNN. All aspects of the Site, including, but not limited to the design and “look and feel” thereof and all of the Content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof are, as between you and CNN, owned by CNN and/or its licensors or content providers.

All elements of the Site, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with CNN, no portion or element of the Site or the Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Site, its Content and all related rights shall remain the exclusive property of CNN and/or its Licensors and/or Content providers unless otherwise expressly agreed.

Downloading of Content

In order to download, license and use copyrighted Content from the Site, you must enter into and agree to be bound by the terms and conditions set forth in our Content License Agreement or other applicable agreements with us for your use of Content prior to the delivery or download of such Content. In the event you receive or download Content without a valid Content License Agreement, you must return the Content to CNN, make no public use of the Content, and retain no copies of the Content. In the event you make any commercial, editorial or public use of any Content without a valid Content License Agreement, your use shall constitute copyright infringement and entitle CNN to all legal and equitable relief against you for such use, and you shall indemnify CNN, its licensors and content providers, and their respective officers, directors, employees, and agents against all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or in connection with your use or exhibition of such Content, and for your negligent or willful misconduct. CNN in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties CNN may be entitled to under this Agreement, any applicable Content License Agreement and applicable law. The foregoing is not a limiting statement of CNN’s or its Content sources’ rights or remedies in connection with any unauthorized use of the Content or breach of this Agreement or an applicable Content License Agreement.

Use of the Site and Services

You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms, or (iii) any advertisement inserted on the Site and/or within the Content. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by CNN in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links, or scrape or aggregate Content from the Site. You may not build a business, in whole or in part, utilizing any portion of the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge.

To the extent that CNN makes Content available to you via a widget, embedded player, rss feed or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with such technology, or any advertisement delivered via such technology.

You are also prohibited from disabling, reverse engineering, modifying, interfering with or otherwise circumventing any technology to allow users to view the Content without: (i) displaying visibly both the Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of the Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

FOR THE PROTECTION OF CNN AND ITS LICENSORS AND CONTENT PROVIDERS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN THE CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM CNN AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS” OR “RMS”). If you do not consent to CNN’s use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by CNN in writing, you may not:

• deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information;

• violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;

• copy, redirect, or exploit the Site or any Content;

• probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of our customers; or

• use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.

Access to the Site and Availability of Services

You must be 18 years of age to be eligible to use this Site unsupervised and We ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older. This Site and the Services intended for use by residents in the United States of America, its territories and possessions ("U.S.").

You are responsible for any charges incurred in obtaining access to the Site and the Services.

Registration Rules and Requirements

Registration

Registration with the Site grants you certain privileges. Registration may be required to access certain Services or Content or to receive email alerts or other interactive or on demand Services. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if CNN suspects that your information is untrue or inaccurate, not current, or incomplete, or for any other reason, CNN may, in its sole discretion, suspend or terminate your membership and/or access to certain Content or refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our Privacy Policy. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission and knowledge prior to the time that you notify CNN of any unauthorized use. You acknowledge and agree that you are responsible for damages, fees or costs resulting from all uses of your account, whether actually or expressly authorized by you.

Passwords

Should CNN provide to you a password that allows you to access certain parts of the Site or for the Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify CNN of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Site or the Services at the end of each session to prevent fraud on your account by third parties.

Communications from the Site

CNN may send you newsletters or other communications. You have the option to unsubscribe from such emails. CNN reserves the right to send you emails regarding your account or emails containing service updates or other communications relating to the operation of the Site or Services.

Limited License for Screener Usage

Conditioned on your compliance with this Agreement and registration with the Site, CNN grants you a limited license to download Screeners of Content consisting of images solely for evaluating whether you wish to purchase a license to the image according to Content License Agreement applicable to your use (“Screeners”). You may use Screeners solely for your internal evaluation and for no longer than sixty (60) days from the date of download solely to determine whether you intend to obtain a non-Screener license for the Content. You may not use a Screener image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. Except for this limited, internal testing and sample use, you are granted no other rights, and you may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the Screener outside the scope of this Agreement.

Monitoring

CNN has no obligation to monitor the use of the Site or Services by members. You acknowledge and agree that CNN reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site or Services for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Site or Services constitutes consent to such monitoring.

DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CNN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

• CNN MAKES NO WARRANTY THAT: (i) THE SITE SHALL MEET YOUR REQUIREMENTS; (ii) THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE SHALL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE SHALL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE CONTENT OR SITE SHALL BE CORRECTED; AND (vi) THE SITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.

• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CNN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY STATED IN THESE TERMS OF SERVICE OR IN ANY APPLICABLE AGREEMENT, BETWEEN YOU AND CNN.

You agree that CNN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall CNN be responsible for any loss or damage resulting from use of the Site, from any Content posted on or through CNN, or from the conduct of any users of the Services, whether online or offline.

Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by CNN or its licensors or content providers. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT NEITHER CNN NOR ITS LICENSORS OR CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT THEREON UNLESS OTHERWISE PROVIDED IN AN APPLICABLE AGREEMENT BETWEEN YOU AND CNN. WITH RESPECT TO ALL OTHER CLAIMS RELATED TO YOUR USE OF THE SITE OR CONTENT, UNLESS OTHERWISE SET FORTH IN A LICENSE AGREEMENT FOR USE OF THE CONTENT WITH CNN, CNN’S LIABILITY SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID TO CNN BY YOU, IF ANY, OR $500.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless CNN, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your breach of these Terms of Service or your unauthorized use of the Site, the Content and/or other related rights.

Termination

CNN may, in its sole discretion, terminate your password, account (or any part thereof) and/or your use of or license to the Site or Services (or any portion thereof), or remove and discard any information stored, sent, or received via the Site or Services without prior notice and for any reason, including, but not limited to: (i) permitting another person or entity to use your Registration information to access a Site or Service, (ii) any other access or use of the Site or Service except as expressly provided in these Terms of Service, (iii) any violation of the terms and conditions of these Terms of Service including the rules and regulations relating to the use of, the Content, Site or Services, or (iv) tampering with or alteration of any of the Content, Site or Services. You may terminate your Registration by closing your Registration account. Termination, suspension, or cancellation of these Terms of Service or your access rights shall not affect any right or relief to which CNN may be entitled, at law or in equity. Upon termination of these Terms of Service, all rights granted to you will automatically terminate.

Infringement Policy

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 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 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

Export Control

Unless otherwise specified, the materials on the Site and Services are presented solely to provide information regarding and to promote CNN’s Services and other products available in the United States, its territories, possessions and protectorates. The Site and Services are controlled and operated by CNN from its offices within the State of Georgia, United States of America. CNN makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Site and Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Site and Services are further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of law. Although you acknowledge that CNN has the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Atlanta, Georgia, U.S.A., regarding any and all disputes relating to these Terms of Service or your use of the Site and Services. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms of Service are material terms of these Terms of Service and that they have been taken into account in the decision by CNN to provide the Site and Services hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of CNN. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service.

Updated on April 1, 2012.