Welcome to CNN!
- CNN’s content streaming services and CNN Live (the “Subscription Services”);
- CNN’s websites and associated applications, including CNN.com, HLNtv.com, CNNI.com (edition.cnn.com) and cnnespanol.com, and/or for which CNN currently or in the future provides services and/or technology (the “Websites”), (the Subscription Services and the Websites together, are called the “Platform”).
Who we are
1. Eligibility to Subscribe:
To be eligible to subscribe to the Subscription Services (each subscription shall be referred to as a “Subscription”), you must meet the following criteria (the “Eligibility Criteria”):
(A) for CNN Live, you must reside within the United Kingdom, (“UK”); and
(B) for all Subscription Services, you must be at least 18 years old, or older if the legal age of majority in your state or territory is older than 18.
Individuals under the age of 18, or the applicable age of majority, may access or use the Subscription Services only under the supervision of a parent or legal guardian with a Subscription for the relevant service (each authorized individual shall be referred to in these Terms as an “Authorized User”).
(2) If you do not tell us that you refuse to accept any such changes before they take place, we will take that as your acceptance of the changes.
For further information on changes to any Subscription service, please see sub-paragraphs (B) and (C) below.
(B) Changes to the Platform. At various times, CNN may choose to make available updates, bug fixes, or other changes or enhancements to the Platform (collectively, “Service Updates”).
(i) Service Updates may be: (1) automatic, such as in connection with general website changes and additional features or updates to data required by the Platform; (2) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; or (3) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain access to the Platform. Please note that the Platform may be unavailable during a Service Update.
(ii) If you access the Platform through a mobile or connected device, such changes may also be communicated through updated versions of the Platform software, which you consent to receive without further notice.
(iii) If any change materially limits the availability of the Platform, then in addition to posting the revised document on the Platform, we’ll also communicate such a limit directly to you via the email address associated with your CNN Account. Therefore, it is important that you keep your CNN Account information up to date. Your continued use of the Platform after the changes come into effect and, in the case of any Subscription, your failure to cancel the same before it renews or within any relevant notice period, will mean you agree to the changes. For more information on changes relating to CNN Live, see sub-paragraph (C) below.
(C) Changes to CNN Live. CNN may make minor changes to CNN Live from time to time to reflect changes in relevant laws and regulatory requirements, implement technical adjustments and improvements (for example to address a security threat, improve your customer experience, or alter the design, branding and layout of CNN Live). If we make significant changes to CNN Live to your disadvantage, including the availability of your Subscription, CNN will notify you in advance and you may contact CNN to end your Subscription before the changes take effect and receive a refund for any Subscription Fees for services paid but not received.
(D) Subscription Price Changes. We may change the price of a Subscription. If you have signed up for a Subscription to CNN Live, we will give you at least 30 days’ prior notice of price changes. If you do not want to continue your Subscription at the new price, you can cancel your Subscription before the start of the next subscription period. Your continuous use of your Subscription at the new price shall be taken as your consent to a price change.
(A) You may be given the opportunity to register via an online registration form to create a user account (an “Account”, “Your Account”) that may allow you to receive information from CNN and/or to participate in certain features on the Platform such as certain Interactive Areas.
(B) To sign up for the Subscription Services, you will need to create an Account.
5. Electronic Communications
(A) CNN (and our third party partners who are authorized to distribute Subscriptions on our behalf) (each, including CNN, a “Subscription Provider”) may send you emails or other electronic communications regarding your CNN Account, or any Subscription Services that you have signed up for.
(B) If you are in the US, by registering an Account for the Platform or otherwise using the Platform, you also consent to receiving promotional messages, offers, surveys, and other materials electronically.
(C) If you are in the UK, we will only send you emails with offers, surveys, and other promotional messages if you have given your consent.
If at any time you no longer want to receive marketing communications, you may unsubscribe using the link at the bottom of the email or alternatively you can contact the Customer Support team by emailing firstname.lastname@example.org at any time to manage your communication preferences.
You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Platform and all charges related to the same.
7. User Content and Conduct; Community Guidelines
The following terms apply to content submitted by users, and user conduct, on the Platform’s Interactive Areas, including Interview Club:
(B) Community Guidelines. By submitting any User Content or participating in an Interactive Area within or in connection with The Platform, 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 CNN, 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 Platform.
o does not generally pertain to the designated topic or theme of any Interactive Area.
o 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 Platform.
• 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 CNN.
• You agree not to impersonate any person or entity, including, but not limited to, CNN or any CNN employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• You agree not to represent or suggest, directly or indirectly, CNN’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 Platform 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 Platform or the servers or networks connected to The Platform, or disobey any requirements, procedures, policies or regulations of networks connected to The Platform.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of The Platform, use The Platform, or access to The Platform.
• 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 CNN’s sole discretion restricts or inhibits anyone else from using or enjoying The Platform will not be permitted. CNN reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
CNN 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 Platform. 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.
(ii) The decision by CNN 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 CNN in connection with or arising from use by you of Interactive Areas on The Platform.
(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 CNN 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 CNN, and its licensees, successors and assigns, from any claims that you could otherwise assert against CNN 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.
8. Copyright Ownership
(B) In the US, the entire contents of the Platform are copyrighted as a collective work under United States copyright laws.
(C) 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. Where download functionality is provided on the Platform, 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 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. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
9. Third Party Content
(A) CNN 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 Platform, 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 25 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
(B) In many instances, the content available through the Platform represents the opinions and judgments of the respective user or information provider not under contract with CNN. CNN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Platform by any third party. Under no circumstances will CNN be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Platform. CNN is not responsible for any actions or inaction on your part based on the information that is presented on the Platform. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Platform. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
(B) To access the Platform, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time. Features and functionalities that we make available through the Platform may differ by device. Please check the requirements periodically, as CNN reserves the right to change or cease support of any hardware or software platforms at any time.
(C) In order to access the Platform, your compatible device must have a high-speed internet connection. You are responsible for any costs associated with your internet service used to access the Platform. Your use of the Platform may count toward your data usage, depending on the terms of your agreement with your internet service provider.
(D) You acknowledge that from time to time the Platform may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which CNN may undertake; or (iii) causes beyond the control of CNN or which are not reasonably foreseeable by CNN.
(E) The periods during which you can view each piece of Content will vary based on the rights available for such Content and the terms of your Subscription (where you have a Subscription).
(G) CNN may control the maximum number of simultaneous streams per account (across all Content on the Platform) regardless of the number of devices on which the Platform is available. CNN may change the maximum number of simultaneous streams and/or impose limits on the number of registered devices that you may use at any time, in its sole discretion.
(H) If you are based in the UK and have a Subscription, we’ll give you prior notice of any changes to the maximum number of simultaneous streams and/or limits on the number of registered devices that you may use with respect to your Subscription.
(I) You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or attempt, or encourage or assist any other person, to do any of the foregoing), in whole or in part, the Platform or any Content. You understand that some of the Content may be protected by security technology. You agree not to circumvent, disable, disassemble, alter, degrade, deactivate, or otherwise tamper with any of the security technology related to, or delivered with, such Content for any reason, or to attempt or assist another person to do so.
11. Payment & Billing
(A) Payment. By creating an Account with CNN and providing us with your valid payment details, such as your debit card information (“Payment Method”), you agree to pay CNN the applicable subscription fee and any applicable taxes and service fees on a designated cycle, as described to you on sign-up (collectively, the “Subscription Fee”).
(B) Billing Cycle
(i) For Subscriptions obtained through CNN, your billing will be processed by CNN or one of our authorized payment processors (“Payment Service”). Unless Section 13 (“Free Trials, Student Discount, and Promotional Offers”) applies, the first Subscription Fee will be charged to your Payment Method on the date you receive confirmation of your purchase. Thereafter, the Subscription Fee will be billed on an ongoing, regular basis at the start of each new monthly or annual billing period (as applicable, depending on your Subscription) unless you cancel your Subscription in advance of renewal. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription. You can check your Subscription billing and payment details by [insert details].
(C) Unpaid Amounts. CNN reserves the right to retry or permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected).
(i) We also reserve the right to pursue or permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your Subscription and suspend access to your Subscription until we (or the relevant third party) have obtained a valid payment method.
(ii) Except as specified in Annex 1 (Dispute Resolution), you will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration costs.
(D) Updating Payment Method. You may update your Payment Method with CNN at any time by contacting Customer Support who will be happy to assist. To change your Payment Method with a Subscription Provider, you will need to contact the Subscription Provider.
(i) If at any time CNN or your Subscription Provider is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee.
(ii) A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, each of Subscription Provider and CNN reserve the right to suspend your access to the Platform, until such time as the Payment Method has been updated and the Subscription Fee is duly paid.
12. Cancellation of your Subscription
(A) YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. PLEASE NOTE THAT YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED THE SUBSCRIPTION FEE FOR THE NEXT BILLING CYCLE.
(B) If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period. In such a circumstance, you will continue to have access to your Subscription until the end of then-current Subscription period. If your Subscription is directly with CNN, you will need to cancel your Subscription through CNN by accessing your ‘Settings’ page in your Account or by contacting Customer Support, who can help you cancel your Subscription or answer any questions you have about cancellations.
(C) If you obtained your Subscription through a Subscription Provider, you will need to cancel your Subscription directly with such Subscription Provider.
(D) To the extent permissible by applicable law and without affecting your statutory rights, REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. As explained above, in the event of cancellation, you will continue to have access to the Subscription Service until the end of the then-current Subscription period.
(E) If you purchased your Subscription through a Subscription Provider, that third party may offer refunds, discounts or other consideration in select circumstances. Please check the terms of your agreement with each Subscription Provider.
(F) Withdrawal rights for Subscriptions. If you are a resident in the UK, you have a legal right to a “cooling off” period, which allows the consumers to withdraw from your Subscription agreement within 14 days of purchase. However, when you purchased a Subscription from CNN, you also requested immediate access to the Subscription Content and confirmed that you will lose your statutory right to withdraw and receive a refund.
13. Free Trials, Student Discount, and Promotional Offers
(A) Free Trials. A Subscription Service may be made available to you on a free trial basis for a limited time (“Trial Subscription”). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new subscribers, unless otherwise specified. Your status as a new subscriber will be determined by CNN or the applicable Subscription Provider, in their sole discretion. These Terms apply to any Trial Subscription, unless otherwise specified.
(B) At the time of signing up for a Trial Subscription, you must provide a valid Payment Method in order to use the relevant Subscription Service during the Trial Subscription period. Your Payment Method will not be charged during the Trial Subscription period.
(C) UNLESS YOU CANCEL THE TRIAL SUBSCRIPTION BEFORE THE RENEWAL DATE, UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION THE SUBSCRIPTION FEE FOR THE RELEVANT SUBSCRIPTION SERVICE WILL BE CHARGED TO YOUR PAYMENT METHOD.
(D) If we offer you a Trial Subscription or other promotion (e.g. a promotional price) for your Subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials describing the particular promotion. In the case of promotional pricing, after your promotion period ends, the Payment Service will begin billing your Payment Method for your Subscription at the regular Subscription Fee unless you duly cancel before the promotion period ends.
(E) You will not receive notice from CNN that your Trial Subscription is about to end unless required by applicable law.
(F) To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please visit the “Billing Information” screen in your “Settings” tab on the Platform for the latest information contained in our records, or, if you have subscribed through a Subscription Provider, contact your Subscription Provider directly.
(G) Promotional Offers. No refunds, adjustments or price protection will be applied to your Subscription Fee in the event of a new/subsequent discount or promotional offering after you sign-up for the Platform. New customers may take advantage of any “new customer” promotion only once. Requirements for a special promotion will be stated at the time each offer is presented.
(H) You agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your Account.
14. Parental Control/Consent
(A) THE PLATFORM CONTAINS CONTENT THAT MAY NOT BE APPROPRIATE FOR ALL AGES OR VIEWERS.
(B) MOST ENTERTAINMENT CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA, TELEVISION PARENTAL GUIDELINES OR THE BRITISH BOARD OF FILM CLASSIFICATION IN THE UK (AS APPLICABLE). HOWEVER, YOU MIGHT DISAGREE WITH HOW PARTICULAR CONTENT IS RATED AND SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN STRONG OR PROFANE LANGUAGE, VIOLENCE, ALCOHOL, TOBACCO, DRUG OR SUBSTANCE ABUSE, NUDITY, SEXUAL CONTENT, MATURE THEMES AND/OR MATURE CONTENT INTENDED ONLY FOR ADULTS OR THOSE UNDER SUPERVISION OF ADULTS.
(C) Content tends to elicit varying reactions among different people. As is true for many websites and content platforms, you may come across Content that you find offensive, indecent, explicit or objectionable. You acknowledge and voluntarily accept these risks. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and CNN does not guarantee that you will agree with them.
(D) If you choose to access or view, or allow an Authorized User to access or view, any adult or mature Content on the Platform, you acknowledge and agree that exposure to visual images and sounds that may depict nudity, sexual activity, violence, adult language, alcohol, tobacco, drug, or substance use, or are otherwise graphic in nature, may occur. You agree that use of the Platform by you and all Authorized Users is at your sole risk, that you are solely responsible for monitoring and supervising all use of your Account, including those of each Authorized User, and that CNN and/or your Subscription Provider shall have no liability to you, any Authorized User or any third party for any Content viewed or accessed on your Account.
15. Restrictions on Use of Content
(A) You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Platform, or attempt to interfere with the operation of the Platform in any way, except that you may access and display material and all other Content displayed on the Platform for non-commercial, personal, entertainment use for a limited time only as strictly authorized herein.
(B) You may not use any data mining, robots, virus, worms, bugs, or similar data gathering and extraction tools on the Platform or on any portion of the Platform, or frame any portion of the Platform, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Platform.
(C) Without limiting the generality of the foregoing, you may not distribute any part of the Platform over any network, including a local area network, nor sell or offer it for sale. You may not assign, sublicense, pledge or transfer any of your rights or obligations under these Terms to any person or entity without CNN’s prior written consent which may be withheld in CNN’s sole discretion (and any such purported assignment, pledge or transfer without such prior written consent shall be void from the outset). In addition, the Content files or other elements of the Platform may not be used to construct any kind of database.
(D) You acknowledge that your use of the Platform and your Account is non-transferable. Any authorization to copy material granted by CNN in any part of the Platform for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, and is subject to your keeping intact all copyright, trademark and other proprietary notices.
(E) Using any material on any other service or networked computer environment is prohibited. Also prohibited (unless you have a legal right to do so) are: decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software or digital rights management feature on the Platform into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on or compatible with such software or any feature of the Platform, or intercepting and/or recording network communications transmitted between the Platform and CNN.
(F) CNN respects the intellectual property rights of others and asks users of the Platform to do the same. CNN and its licensees and Content partners reserve the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties, or end your agreement with us for access to the Platform (including any Subscription Service) in the event of such violation.
16. Content, Content Limitations and Downloads
(A) Content, including but not limited to video, audio, graphics, photos text, special features, software and messages may be streamed to you or otherwise made available to you in connection with your use of the Platform. The Content on the Subscription Services will vary from time to time and CNN does not make any promises with respect to the availability or accessibility of any particular items of Content at any time.
(B) Please note that some Content may specify an access window in which you will be able to view the Content. The access window will typically range between four (4) to eight (8) weeks, although because these windows may vary, you should pay close attention to the description provided with the Content. During the applicable access window, you will be able to view the Content as many times as you want, BUT ONCE THE ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM TERMINATES, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. It is your responsibility to monitor the access window for each piece of Content available via the Platform, and CNN and its partners and affiliates accept no liability for any access windows or the expiration thereof.
(C) CNN reserves the right, in its sole discretion, to disable access to any Content at any time, regardless of the posted access windows or its programming schedules. Please note that not all Content will be available to all users across all compatible devices.
(D) Access to certain Content may depend upon your geographic location (i.e., you will not be able to access Content from outside the Service Area), whether you are able to maintain an internet connection, or available bandwidth and equipment used to access the Platform.
(E) You should be sure to read the detailed description of each piece of Content to determine options for viewing or accessing that Content. While we do our best to keep the Content descriptions up-to-date, CNN does not warrant that such descriptions will always be complete, current, or accurate.
(F) No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted to the Platform as a result of your Subscription or Account.
(G) CNN uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD, Ultra HD and 4K Ultra HD availability, if and as applicable, for certain Content depends on your internet service and device capabilities. Not all Content is available in all formats. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, CNN is unable to make any promises about the Content in these respects.
17. Suspension and Termination
(A) CNN and any Subscription Provider may suspend or terminate your Subscription and access to the Platform and/or your Account immediately if CNN or any Subscription Provider has reasonable grounds to do so, including (but not limited to) if CNN and/or any Subscription Provider reasonably determines that you have seriously breached these Terms, your use of the Subscription or access to the Platform is likely to have a detrimental impact on any other third party (including CNN), or receives information that you no longer meet the Eligibility Criteria.
(B) If we decide to discontinue any part of a Subscription Service, we will try to give you at least 30 days’ prior notice (unless we need to discontinue the Subscription Service (or any part of it) immediately for legal or security reasons, including in order to comply with a court order). If we discontinue a Subscription Service, we may provide you with a refund for amounts you have paid for the Subscription Service but not yet received.
(C) If we terminate or suspend your rights to use the Platform (in whole or in part), you must cease all use of such parts of the Platform and your rights under these Terms which relate to such parts will terminate automatically.
(D) You may terminate your agreement with us at any time by following the cancellation process set forth in Section 12 above. Please note you shall still be responsible for all Subscription Fees incurred prior to the effective date of termination.
18. Customer Service
(A) For Customer Service inquiries related to the Platform or your Subscription through CNN (including Subscription Fee and Payment Method), please visit our Help Center for our FAQs. If your issue relates to CNN Live and you are unable to resolve your question using the Help Center, please contact CNN Live Customer Support at email@example.com or through the Customer Support contact page.
(B) For Customer Service matters related to your Subscription through a Subscription Provider other than CNN (including Subscription Fee and Payment Method) or other matters relating to billing through your Subscription Provider, please contact your Subscription Provider directly.
(C) We take security very seriously. We have imposed security measures designed to ensure the protection of our subscribers. Please see the Help Center for details. If you have reason to believe that your Account credentials have been compromised or misappropriated in some way, you are encouraged to contact us immediately at CNN Customer Support at firstname.lastname@example.org.
19. Advertisements and Promotions
(A) CNN may run advertisements and promotions from third parties on the Platform. Your 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 you and such third party.
(B) 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 Platform.
20. Feedback and Postings
(A) Portions of the Platform may invite you to provide us with feedback. Please be aware that CNN does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by CNN staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send CNN any unsolicited submissions. In any event, no material you send to us will be treated as confidential.
(B) Please also be aware that your feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and CNN, or any of its Subscription Providers, licensees, successors or assigns or place CNN or any of its Subscription Providers, affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public. You acknowledge and agree that neither CNN nor any of its Subscription Providers, licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your feedback, and that CNN and Subscription Providers and their respective licensees, successors or assigns are not responsible for the loss, deletion, failure to store or mis-delivery of any feedback submitted.
(C) To the extent that use of the Platform provides you or other users an opportunity to post and exchange information, content, ideas and opinions (“Postings”), be advised that CNN does not screen, edit, or review Postings prior to their appearance on the Platform or elsewhere, and Postings do not reflect the views of CNN. To the fullest extent permitted by applicable laws, CNN disclaims all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Platform or elsewhere. CNN reserves the right (but not the obligation) to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms or in violation of general community standards and notions of decency. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not violate or infringe upon any proprietary right, intellectual property right or other rights of third parties.
(D) Please act responsibly when using the Platform. You may only use the Platform for lawful purposes and in accordance with law and you are prohibited from storing, distributing or transmitting any unlawful material through the Platform. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if any third party claims that material you have contributed to the Platform is unlawful, you will bear the burden of establishing that it is lawful.
21. Hyperlinks to and from Third Party Sites
(A) You are not permitted to link to the Platform from any third-party site without the prior written permission of CNN. However, the Platform may link you to other sites on the internet including, without limitation, sites owned or controlled by CNN or by our Subscription Providers. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of CNN, and you acknowledge that (whether or not such sites are affiliated in any way with CNN or its Subscription Providers) CNN is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of any site by CNN or any association with its operators.
(B) CNN cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Platform. CNN does not endorse any of the merchandise, nor has CNN taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We have no duty to pre-screen information, products and services of third parties (collectively “Third-Party Content”), but we have the right to refuse to post or to edit submitted Third-Party Content. We reserve the right to remove Third-Party Content for any reason, but we are not responsible for any failure or delay in removing such material. CNN does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
(C) Any area of the Platform that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
22. System Abuse
(A) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Platform.
(B) You are prohibited from using any services or facilities provided in connection with the Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.
(C) If CNN believes that you have engaged in any of the activity set forth in this Section or in other fraudulent activity in connection with your use of the Platform, we reserve the right to take any action to remedy such activity, including without limitation, termination of your Account or Subscription.
(C) If you are based in the UK, these terms are not intended to affect your existing legal rights under applicable laws in your jurisdiction and CNN will remain liable for death or personal injury caused by its own negligence.
24. Third Party Subscription Provider Terms
25. Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims
(A) If you are based in the Service Area, the following terms apply:
(i) YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT, PARENTAL CONTROLS, FEATURES AND OTHER ELEMENTS OF THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CNN, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CNN, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CNN, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE PLATFORM, OR ANY SITES LINKED TO THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES OR DAMAGES, THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(ii) THE PLATFORM 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 PLATFORM 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. CNN IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE PLATFORM.
(iii) YOU AGREE THAT CNN AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE PLATFORM, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE PLATFORM, EVEN IF CNN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CNN’s AND/OR YOUR SUBSCRIPTION PROVIDER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU, SOLELY FOR THE CNN LIVE PLATFORM (AS APPLICABLE) DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE EXCLUSIONS, THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF CNN’s ACTS OR OMISSIONS OR YOUR USE OF THE PLATFORM ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE PLATFORM.(iv) THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CNN AND/OR YOUR SUBSCRIPTION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE (DEPENDING ON THE APPLICABLE JURISDICTION) WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
(iv) In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms to release fully, finally and forever all Released Matters under these Terms. In furtherance of such intention, to the extent permissible under your local law, the releases set forth in these Terms shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant thereto.
CNN makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform and/or in the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by CNN. Views and opinions of users of the Platform do not state or reflect those of CNN and/or your Subscription Provider.
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.
(v) CNN DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO CNN’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE PLATFORM.
(B) If you are based in the UK, the above provisions of (A) will not apply. Unless caused by CNN’s negligence or CNN’s own breach, with respect to the Platform, the Content, any Subscription, CNN Live, or similar, CNN is not responsible for:
(ii) any lack of functionality or failure to provide any part of the Platform, Subscription or the Content, or any loss of content or data that is due to:
(1) your equipment, devices, operating system or internet connection (including the providers of such products or services, and malware, viruses or bugs originating from third parties or on any of your devices), or the consequences of you changing your equipment, device, operating system or internet connection; or
(2) your failure to download any update or the most recent published version of the Platform, or to meet the compatibility requirements.
CNN, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Platform. All other logos and trademarks appearing on the Platform are the property of their respective owners.
28. Governing Law and Venue
(A) If you are based in in the Service Area:
(i) the content, data, video, and all other material and features on the Platform 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; and
(ii) any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Platforms, and/or the provision of content, services, and/or technology on or through the Platforms 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, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration under Annex 1 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in New York County, New York; and you and CNN both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.
(C) If you access the Platform, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. If you are based in the Service Area, you are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.
(D) 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.
(E) Neither CNN 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, internet failure, water, pandemics or epidemics, 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.
31. Copyrights and Copyright Agent
(A) 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.
(B) If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CNN’s Copyright Agent.
(C) If you are based in the Service Area, you should additionally provide the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit us to contact the complaining party;
(v) 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
(vi) 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:
One CNN Center
12th Floor, North Tower
Atlanta, GA 30303, USA
Phone: +1 (404) 827-3326
For web posting, reprint, transcript for CNN material, please contact email@example.com
For any questions or requests other than copyright issues or licensing requests, please contact cnn.com/feedback.
Annex 1: Dispute Resolution.
The provisions of this Annex 1 shall only apply to you if you are based in the Service Area.
Our customer-service department can resolve most customer concerns quickly and to the customer’s satisfaction. Please contact CNN at cnn.com/feedback. In the unlikely event that you’re not satisfied with customer service’s solution (or if CNN has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.
(1) Claims Subject to Arbitration: CNN and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims for mental or emotional distress or injury not arising out of physical bodily injury;
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to “CNN,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including AT&T and its affiliates); and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to CNN should be sent by certified mail to: General Counsel, WarnerMedia News & Sports, 1 CNN Center, Atlanta, GA 30303 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand”).
If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at: adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf.
(3) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.
(4) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.
(5) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:
• pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and
• pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys’ fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys’ fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.
The right to the attorney premium supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys’ fees or costs. Although under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.
(6) Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.
(7) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.