ALLPOLITICS SERVICE AGREEMENT
"AllPolitics" is the interactive on-line service
by Cable News Network, Inc. ("CNN") and Time Inc. New Media ("Time") on the
World Wide Web of the Internet, consisting of information services and content
provided by CNN and Time, affiliates of CNN and Time and other third parties.
"Subscriber" means each person who establishes or accesses a connection
("Account") for access to and use of AllPolitics.
(a) This Agreement, which incorporates by reference other provisions
applicable to use of AllPolitics, including, but not limited to, supplemental
terms and conditions set forth in Paragraph 13 hereof ("Supplemental Terms")
governing the use of certain specific material contained in AllPolitics, sets
forth the terms and conditions that apply to use of AllPolitics by Subscriber.
By using AllPolitics (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 AllPolitics 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 and Time shall have the right at any time to change or discontinue
any aspect or feature of AllPolitics, including, but not limited to, content,
hours of availability, and equipment needed for access or use.
3. Changed Terms.
CNN and Time shall have the right at any time to
or modify the terms and conditions applicable to Subscriber's use of
AllPolitics, 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
AllPolitics, or by electronic or conventional mail, or by any other means by
which Subscriber obtains notice thereof. Any use of AllPolitics by Subscriber
after such notice shall be deemed to constitute acceptance by Subscriber of
such changes, modifications or additions.
Subscriber shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment needed for
access to and use of AllPolitics and all charges related thereto.
5. Subscriber Conduct.
(a) Subscriber shall use AllPolitics for lawful purposes only. Subscriber
shall not post or transmit through AllPolitics 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 and Time's express prior approval,
contains advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in CNN and Time's discretion restricts or
inhibits any other Subscriber from using or enjoying AllPolitics will not be
permitted. Subscriber shall not use AllPolitics 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
(b) AllPolitics 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 AllPolitics are
copyrighted as a collective work under the United States copyright laws. CNN
and Time own 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 Time 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
AllPolitics 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 AllPolitics, Subscriber automatically
grants, or warrants that the owner of such material has expressly granted CNN
and Time 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 and Time the
right to edit, copy, publish and distribute any material made available on
AllPolitics by Subscriber.
(d) The foregoing provisions of Section 5 are for the benefit of CNN and
Time, 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 ALLPOLITICS IS AT SUBSCRIBER'S
SOLE RISK. NEITHER CNN OR TIME, THEIR AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
ALLPOLITICS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ALLPOLITICS, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH ALLPOLITICS.
(b) ALLPOLITICS 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
(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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT CNN AND
TIME ARE 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 AND TIME, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING ALLPOLITICS OR THE ALLPOLITICS 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 ALLPOLITICS. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ALLPOLITICS.
(e) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CNN OR TIME, NOR
THEIR 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 ALLPOLITICS, 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
TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. CNN AND TIME, THEIR
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER
TIME, NOR THEIR 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.
CNN and Time shall have the right, but not the
obligation,to monitor the content of AllPolitics, including chat rooms and
forums, to determine compliance with this Agreement and any operating rules
established by CNN and Time and to satisfy any law, regulation or authorized
government request. CNN and Time shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to or posted on
AllPolitics. Without limiting the foregoing, CNN and Time shall have the right
to remove any material that CNN and Time, in their sole discretion, find to be
in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold
harmless CNN and Time, their 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 AllPolitics by Subscriber
or Subscriber's Account.
Either CNN and Time or Subscriber may terminate this
Agreement at any time. Without limiting the foregoing, CNN and Time shall have
the right to immediately terminate Subscriber's Account in the event of any
conduct by Subscriber which CNN and Time, in their 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.
CNN (TM), Time (TM), AllPolitics (TM), CNN Interactive
(TM), Time Inc. New Media (TM), and Pathfinder (TM) and each of their logos
are trademarks of their respective owners. All rights reserved. All other
trademarks appearing on AllPolitics are the property of their respective
11. Third Party Content.
CNN and Time are distributors (and not
publishers) of content supplied by third parties and Subscribers. Accordingly,
CNN and Time have 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 AllPolitics, are those of the respective author(s) or distributor(s)
and not of CNN and Time. Neither CNN nor Time nor any third-party
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular
to Section 6 above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many instances, the content available through AllPolitics represents the
opinions and judgments of the respective information provider, Subscriber, or
other user not under contract with CNN and Time. CNN and Time neither endorse
nor are responsible for the accuracy or reliability of any opinion, advice or
statement made on AllPolitics by anyone other than authorized CNN and Time
employee spokespersons while acting in their official capacities. Under no
circumstances will CNN and Time be liable for any loss or damage caused by a
Subscriber's reliance on information obtained through AllPolitics. It is the
responsibility of Subscriber to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available
through AllPolitics. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or other
This Agreement and any operating rules for
established by CNN and Time 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. 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.
Document #: 56076