Terms of Service

CNNGO TERMS OF USE

1. Introduction.

This website (“CNNGo” or “Site”), " is an interactive on-line service operated by Cable News Network, Inc. ("CNN") on the World Wide Web of the Internet, consisting of content provided by CNN, affiliates of CNN and other third parties such as, without limitation, travel, entertainment, lifestyle, news, information and entertainment services. "User" means each person who establishes or accesses a connection ("Account") for access to and use of CNNGo.

2. General.

(A) These Terms of Use, which incorporates by reference other provisions applicable to use of CNNGo, sets forth the terms and conditions that apply to use of CNNGo by User. By using CNNGo, User agrees to comply with all of the terms and conditions hereof. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of These Terms of Use. User shall be responsible for protecting the confidentiality of User's password(s), if any.

(B) CNN shall have the right at any time to change or discontinue any aspect or feature of CNNGo, 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 User's use of CNNGo, or any part thereof, including but not limited to the CNNGo Privacy Policy, available at http://www.cnngo.com/privacy, 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 CNNGo, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of CNNGo by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

4. Equipment.

User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of CNNGo and all charges related to the same.

5. User Generated User Content.

(A) CNNGo may contain discussion forums, bulletin boards, review services or other forums ("Interactive Areas") in which Users may post reviews of or other comments on travel and/or lifestyle experiences or other content, messages, materials or other items ("User Content"). User is solely responsible for its use of any such Interactive Areas and uses them at its own risk. By submitting User Content to the Interactive Areas, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on CNNGo, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and CNN.

(B) User shall use CNNGo for lawful purposes only. User shall not post or transmit through CNNGo any User Content
(i) 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,
(ii) which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law,
(iii) which, without CNN's express prior approval, contains advertising, political campaigning or any solicitation with respect to products or services,
(iv) which impersonates any person or entity or otherwise misrepresents a User’s affiliation with a person or entity;
(v) which is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers (or equivalent) or credit card numbers;
(vi) in the form of viruses, corrupted data or other harmful, disruptive or destructive files;
(vi) which is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
(vii) which, in the sole judgment of CNN, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose CNN or any other person or entity to any harm or liability of any type.

(C) User shall not upload, post or otherwise make available on CNNGo any User Content 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 User Content is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting User Content to CNNGo, User automatically grants, or warrants that the owner of such User Content has expressly granted CNN the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, distribute and sub-license such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User warrants that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. User further grants CNN the right to pursue at law any person or entity that violates User or CNN's rights in the material by a breach of these Terms of Use.

(D) If it is determined that User retains moral rights (including rights of attribution or integrity) in the User Content, User hereby declares that
(a) User does 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) User has no objection to the publication, use, modification, deletion and exploitation of the User Content by CNN or its licensees, successors and assigns;
(c) User forever waives and agrees not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and
(d) User forever releases CNN, and its licensees, successors and assigns, from any claims that User could otherwise assert against CNN by virtue of any such moral rights. User also permits any other user to access, view, store or reproduce the User Content for that user's personal use.

(E) Although CNN has no obligation to screen, edit or monitor any of the material posted to or distributed through any Interactive Area, CNN reserves the right, and has absolute discretion, to remove, screen or edit without notice any material posted or stored on the Site at any time and for any reason, and User is solely responsible for creating backup copies of and replacing any User Content User posts or store on the Site at User’s sole cost and expense.

(F) User Content submitted by User will be considered non-confidential and CNN is under no obligation to treat such User Content as proprietary information except pursuant to the CNNGo Privacy Policy, available at http://www.cnngo.com/privacy. Without limiting the foregoing, CNN reserves the right to use the material as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. CNN is under no obligation to offer User any payment for User Content that it submits or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to CNN. CNN shall have no duty to attribute authorship of User Content to User, and shall not be obligated to enforce any form of attribution by third parties.

6. Copyright Ownership.

CNNGo 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 CNNGo are copyrighted as a collective work under the United States copyright laws. CNN owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User'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. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

7. Advertisements and Promotions

CNN may run advertisements and promotions from third parties on the Site. User’s business dealings or correspondence with, or participation in promotions of, advertisers other than CNN, and any terms, conditions, warranties or representations associated with such dealings, are solely between User and such third party. CNN 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.

8. Disclaimer of Warranty; Limitation of Liability.

(A) USER EXPRESSLY AGREES THAT USE OF CNNGO IS AT USER'S SOLE RISK. NEITHER CNN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CNNGO WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CNNGO, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CNNGO.

(B) CNNGO 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 THESE TERMS OF USE.

(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. USER SPECIFICALLY ACKNOWLEDGES THAT CNN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(D) CNNGO MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON CNNGO DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. USER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENTCNN IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN CNNGO.

(E) IN NO EVENT WILL CNN, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CNNGO OR THE CNNGO 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 CNNGO. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CNNGO.

(F) 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 CNNGO, 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. USERNEITHER, 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.

9. Monitoring.

CNN shall have the right, but not the obligation, to monitor the content of CNNGo, including chat rooms and forums, to determine compliance with these Terms of Use 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 User Content submitted to or posted on CNNGo. Without limiting the foregoing, CNN shall have the right to remove any User Content that CNN, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Indemnification.

User 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 CNNGo by User or User's Account.

11. Termination.

CNN may terminate or suspend these Terms of Use at any time without notice to User. Without limiting the foregoing, CNN shall have the right to immediately terminate User's Account in the event of any conduct by User which CNN, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of these Terms of Use. The provisions of Sections 5, 6, 8, 10, 14 and this Section 11 shall survive termination of these Terms of Use.

12. Trademarks.

CNN, CNNGo and each of their logos, together with other names and logos incorporating the CNN name, are trademarks of Cable News Network, Inc., a Time Warner Company. All rights reserved. All other trademarks appearing on CNNGo are the property of their respective owners.

13. Third Party Content.

CNN is a distributor (and not a publisher) 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, Users or any other user of CNNGo, 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 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through CNNGo represents the opinions and judgments of the respective information provider, User, 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 CNNGo 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 User's use or reliance on information obtained through CNNGo. CNN is not responsible for any actions or inaction on User's part based on the information that is presented in CNNGO. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CNNGo. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

14. Miscellaneous.

These Terms of Use and any operating rules for CNNGo 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. The provisions of these Terms of Use 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. These Terms of Use 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.

15. 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 Users and account holders who infringe the rights of copyright holders. If User believes that its 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://www.cnngo.com/contact.