PLEASE READ THESE TERMS OF USE BEFORE USING WWW.TURNERINFO.COM (the “Web Site”).

Turnerinfo.com is a private online service, operated by Turner Broadcasting System, Inc. and/or its parent, subsidiaries, or affiliated entities (collectively, "TBS"), on the World Wide Web of the Internet consisting of information, services and content provided by TBS and/or its third party licensors and content providers (collectively, “Content Providers”). "User" means each person or entity who establishes or authorizes a connection ("Account") for access to and use of Turnerinfo.com. 

(a) This following terms and conditions constitute the agreement (the “Agreement”) between User and TBS with respect to the use of Turnerinfo.com by User. User agrees to these Terms and Conditions by accessing this Web Site, or by accepting or downloading any information or content from the Web Site. The right to use Turnerinfo.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account under any screen name or password by any person or entity and for ensuring that User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password.

(b) TBS shall have the right at any time to change or discontinue Turnerinfo.com, and any aspect or feature thereof, including, but not limited to, content, hours of availability, equipment needed for access and/or use and any other capability(ies) of the site.

(c) TBS may change or modify the terms and conditions applicable to User's use of Turnerinfo.com or any part thereof or impose new conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting herein, and any other notice of such which may be given by any means including, but not limited to, electronic or conventional mail. Any use of Turnerinfo.com by User after such change, modification, addition or deletion shall be deemed to constitute acceptance by User thereof.

(d) By accessing this Site and/or completing the registration process and obtaining a password, User has requested a non-exclusive license to use TBS promotional material consisting of TBS written publicity materials and TBS photographs on the Site (subject to TBS's further approval) (collectively, the "Material") solely as promotional publicity for TBS television shows and/or TBS properties on Licensee's Internet Site ("Licensee's Site") and/or in Licensee's editorial printed materials ("Publications"). TBS hereby grants a non-exclusive, royalty-free license to Licensee to download and use a single copy of the Material in this manner for the term of this Agreement and strictly for these promotional purposes, subject to the terms and conditions set forth herein. Licensee agrees that the Material will be used only for informational, non-commercial purposes on the Licensee's Site itself and/or in Publications, and for no other purpose and in no other manner, medium or place whatsoever. The Material shall not be sold, redistributed, relicensed or sublicensed by Licensee in any way. Licensee's Site shall consist only of a standard HTML Site viewed by users connected to the Internet in real time. All other uses of the Material, including, but not limited to, those involving advanced technologies, online services, push technology, broadcast, and all other mediums are expressly reserved by TBS. Use of TBS photographs may not be made without seeking prior approval from TBS.

(e) Licensee shall not use the Material in any manner that is in any way objectionable or in conjunction with other materials or information that is in any way objectionable. As used herein, "objectionable" means any materials or information in any medium or format, including without limitation text, data, graphics, audio or video, content (or use of the content) that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; (iv) violates or encourages other to violate any applicable law; (v) promotes software or services that deliver unsolicited email; or (vi) contain direct links (by a single click) to web sites that contain information of the kind described in this definition.

(f) Licensee agrees that for each television show from which Material is used, Licensee will make best effort to include tune-in information, including the name, air date, day and time of the television show from which the Materials were taken. With respect to any photograph used by Licensee, Licensee shall make best effort to credit TBS for providing the photograph.

3. Equipment and Charges

User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Turnerinfo.com and all charges, including telecommunications charges, related thereto.

4. User Conduct

(a) User shall use Turnerinfo.com for lawful purposes only. Any conduct by User that in TBS's discretion restricts or inhibits any other User from using or enjoying Turnerinfo.com will not be permitted. User shall not use Turnerinfo.com to advertise or perform any commercial solicitation, including (but not limited to) the solicitation of users to become users of other on-line information services competitive with Turnerinfo.com.

5. E-Mail, Bulletin Boards, And Other Submissions

Any notes, messages, e-mails, billboard postings, ideas, suggestions, concepts or other material submitted will become the property of TBS throughout the universe and TBS shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to TBS's web site, you agree that TBS has the right to publish the material for any type of use, including promotional and advertising purposes.

TBS is not responsible for any material posted on our forums. TBS reserves the right to edit or delete material submitted to the forums, but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify TBS and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the agreements, representations, and warranties set forth in this terms of use.

6. Intellectual Property

(a) As between User and TBS, all materials on Turnerinfo.com, including, but not limited to, images, illustrations, clips, software, graphics, text, photos, music, sound and other proprietary information are the property of TBS and no ownership rights in or to such materials are or shall be transferred to User hereunder.  In addition, the entire contents of Turnerinfo.com shall be owned by TBS and registered as a collective work under the United States copyright laws. User may not modify, publish, display, transmit, reproduce, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted under the terms and conditions of this Agreement.

(b) User acknowledges and agrees that TBS owns and has exclusive title and all intellectual property rights in and to the TBS logos, trademarks, trade names and the designs (collectively, the "TBS Properties").  The TBS Properties include the following, which is not an all-inclusive list: Turnerinfo.com, Turner Broadcasting System, Inc., Turner Network Television, Turner Sports, Turner Sports Interactive, Headline News, Turner Learning, Cable News Network, TBS Superstation, CNN.com, Cable News Network International, Cartoon Network, Boomerang, and Turner Classic Movies. User agrees and acknowledges that the TBS Properties are the property of TBS and that no ownership rights in or to such logos, trademarks, trade names and the designs are transferred to User hereunder. Any added goodwill to the TBS Properties that may arise as a result of User's use of such materials shall vest in TBS immediately upon creation and shall inure to, and be for the sole benefit of, TBS. Any other trademarks or service marks and associated logos found herein that are not the property of TBS are the trademarks or service marks of their respective owners. 

(c) The foregoing provisions of this Section 5 are for the benefit of TBS and its Content Providers and each shall have the right to assert and enforce such provisions directly and/or on its own behalf.

7. Limited Non-Exclusive License For Use Of Downloadable Materials

(a) Pursuant and subject to all terms and conditions contained in this Agreement, TBS hereby grants to registered and authorized Users a limited, non-exclusive and non-transferable license to use the downloadable logos, trademarks and images (collectively, the "Materials") solely for the promotion of the identified TBS programming or services and subject to any TBS rights agreements (the “License”).  The term of the License shall only be for the period in which the Materials are respectively included on Turnerinfo.com and shall automatically terminate thereafter.  By accepting below, User agrees to all the terms and conditions set forth in this Agreement.  The License is conditioned upon User’s full compliance with each and every term and condition hereof; and the License is deemed null and void ab initio if User violates any said term or condition.

(b) User shall not use the Materials in any manner other than to promote the TBS programming or services. Any use beyond such promotion is not authorized by this Agreement and may subject User to liability, including without limitation, third party liabilities. User shall not use the Materials in any manner which could or will adversely affect TBS' ownership, control or rights in the Materials.

(c) With respect to the permitted use of the Materials, User agrees that no changes, edits, manipulation or alteration of the Materials or deletion of author attribution, trademark, legend or copyright notices shall be made. Proper copyright and trademark notices as provided by TBS shall, at all times, appear in conjunction with the Materials. User acknowledges that it does not acquire any ownership rights by downloading any Materials from Turnerinfo.com.

(d) User acknowledges that the context in which the Materials, or any portion thereof, are used shall not be derogatory to, or critical of, the news or entertainment industries or of TBS or Content Providers and/or any program or publication produced, distributed or exhibited by TBS.

(e) TBS may withdraw its consent to User's usage of the Materials immediately if TBS, in its reasonable discretion, deems termination of this Agreement necessary or advisable.

8. Disclaimer of Warranty; Limitation of Liability

(a) User expressly agrees that use of Turnerinfo.com is at User's sole risk. Neither TBS, nor its Content Providers warrant that Turnerinfo.com will be uninterrupted or error-free, that defects will be corrected or that Turnerinfo.com or the server(s) which make them available are free from viruses or other harmful components; nor do they make any warranty or representations as to the results that may be obtained from use of Turnerinfo.com, or as to the accuracy, reliability, or content of any information, or services provided through Turnerinfo.com.

(b) Turnerinfo.com is provided on an "as is" basis without warranties of any kind, either express or implied.  TBS expressly disclaims all warranties, either express or implied, including (but not limited to) implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by law and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

(c) User expressly agrees that this disclaimer of liability applies to, and TBS shall not be liable for, regardless of the cause or duration, any damages, losses 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 TBS is not liable for the defamatory, offensive, or illegal conduct of other Users or their parties and that the risk of injury from the foregoing rests entirely with User.

(d) In no event will TBS, or any person or entity involved in creating, producing or distributing Turnerinfo.com be liable for any losses or damages, including (without limitation) direct, indirect, incidental, special, consequential and/or punitive damages arising out of the use of or inability to use Turnerinfo.com or any content contained therein.

(e) Neither TBS nor its Content Providers shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. In addition, neither TBS nor its Content Providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of the information on Turnerinfo.com.

(f) If any of the above limitations including, without limitation, the exculpatory clauses, are deemed unenforceable, in whole or in part, and TBS is found liable, in whole or in part, for any loss, damage or injury sustained as a result of this Agreement [whether such claim sounds in contract, tort (including without limitation, negligence), or otherwise], the parties acknowledge and agree that TBS's liability shall be limited to the fee charged for this service or Twenty Five U.S. Dollars ($25), whichever is greater, as liquidated damages, and not as a penalty, and that this liability shall be exclusive. 

9. Indemnity

User agrees to defend, indemnify and hold harmless TBS, Content Providers, and their respective directors, officers, shareholders, employees and agents, successors, licensees and assigns from and against any and all claims and expenses, including attorneys fees, arising out of the use of Turnerinfo.com or the Materials by User or User's Account.
10. Termination

 TBS may immediately terminate User's Account and use of Turnerinfo.com in the event of any conduct by User which TBS, in its sole and absolute discretion, considers to be unacceptable or in breach of this Agreement or any applicable law or regulation or which does or may tend to expose TBS or any Content Provider to any liability. The provisions of Sections 5, 7, 8 and this section 9 shall survive any termination of this Agreement for any reason.

11. Third Party Sites

TBS may, from time to time, provide links and pointers to Internet sites maintained by third parties. TBS does not operate or control in any respect any information, products or services on these sites. TBS does not state and expressly disclaims that it has the consent of the third party site to provide the link or pointer to such site. TBS neither endorses nor is responsible for the accuracy or reliability of any site to which Turnerinfo.com is linked or any opinion, content, advice, statement or information made or provided in any such third party site.

12. Privacy Statement

TBS respects the privacy of the visitors to this site.  To review Turnerinfo.com’s Privacy Policy, please click here.

13. Miscellaneous

This Agreement and any operating rules established by TBS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Any and all issues or controversies arising out of or in connection with this Agreement shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.  User and TBS agree that the state and federal courts located in Atlanta, Georgia shall be the exclusive forum and situs for the resolution of any and all disputes, controversies or matters arising herefrom or related to this Agreement and/or Turnerinfo.com.  User hereby consents to personal jurisdiction in and service of process by certified mail.  If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the enforceability of any remaining provisions.  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. Nothing contained in this Agreement shall create any association, partnership, or agency or joint venture between the parties. Neither party hereto shall represent itself as the associate, partner, agent or joint venturer of the other in any way whatsoever. The provisions herein are for the benefit of TBS and Content Providers and each of such shall have the right to assert and enforce such provisions directly on its own behalf.

© and TM 2008. Turner Broadcasting System, Inc. A Time Warner Company. All Rights Reserved.