Last Updated: April 3, 2014
The policies below are applicable to MediaLinks network of websites, including america.cgtn.com (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by MediaLinks; all apps published by MediaLinks; and all other interactive features, services, and communications provided by MediaLinks (collectively “Sites”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by MediaLinks TV, LLC (collectively “MediaLinks” or “we”, “us”, or “our”).
- Site Access License. MediaLinks grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Sites or their Content and not to modify all or any portion of the Sites or their Content. This license does not include any resale or commercial use of the Sites or their Content; any derivative use of the Sites or their Content; any downloading or copying of Content for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without MediaLinks’ express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of MediaLinks, its content providers or its affiliates without express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
- Copyright and Ownership. All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by MediaLinks, its licensors, vendors, agents and/or its Content providers. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be otherwise indicated in specific documents within the Sites or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Sites for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, information or work contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and Services. The Sites, its Content and all related rights shall remain the exclusive property of MediaLinks or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites.
- Trademarks/No Endorsement. All trademarks, service marks and trade names of MediaLinks used herein (including but not limited to: CGTN, CGTN News, CGTN-America, the CGTN and MediaLinks corporate logo, the Sites name, the Sites design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of MediaLinks or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without MediaLinks’ prior written consent. The use of the Marks on any other web site or network computer environment is not allowed. MediaLinks prohibits the use of the Marks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance. You shall not use MediaLinks’ name or any language, pictures or symbols which could, in MediaLinks’ judgment, imply MediaLinks’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
- Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Sites. In consideration of your use of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites’ registration or subscription page (if applicable) (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MediaLinks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MediaLinks has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. We have the right to provide user, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. The Sites may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Disqus, Weibo, WeChat, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third party services are unrelated to the Sites, and your use of such third party services is subject to the terms and policies of those services.
- Solicited Submission Policy. Where MediaLinks has specifically invited or requested submissions, MediaLinks encourages members of the public to submit user published content or user content (e.g. comments to stories, etc.) to MediaLinks that they have created for consideration in connection with the Site and any related television programs and wireless and online broadcasts (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, you expressly grant MediaLinks a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and MediaLinks shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
- Inappropriate User Submissions. MediaLinks does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your User Submission. Without limiting the foregoing, you agree that in conjunction with your User Submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. MediaLinks will reject any submissions in which MediaLinks believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of this agreement, MediaLinks reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Site at any time and without notice.
- User Published Content.User published Content does not represent the views of MediaLinks or any individual associated with MediaLinks, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, MediaLinks’ endorsement of user published Content. MediaLinks does not vouch for the accuracy or credibility of any user published Content on our Sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Sites. Through your use of the Sites and Services, 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 our Sites, you assume all associated risks.
- Linking to the Sites. Creating or maintaining any link from another web site to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rule and regulations.
- Third Party Links. From time to time, the Sites may contain links to web sites that are not owned, operated or controlled by MediaLinks or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Sites, you do so entirely at your own risk.
- Territory. MediaLinks makes no promise that the Content or Services available on the Sites are appropriate or available for use in locations outside the United States(“Territory”), and accessing the Sites from territories where its Contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the Content and Services available on the Sites.
- Accuracy of Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Sites.
- Access and Interference.You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.
- DISCLAIMERS. Your use of thE SiteS is at your risk. THE INFORMATION, MATERIALS, CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER MEDIALINKS, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, CONTENT OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER THE MEDIALINKS, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, CONTENT, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEDIALINKS OR THROUGH THE SITES, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATIONS OF LIABILITY. MediaLinks does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Sites, or your downloading of any information or materials from the Sites. IN NO EVENT WILL MEDIALINKS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY SITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION, CONTENT, OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT MEDIALINKS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN NO EVENT SHALL MEDIALINKS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).
- Release. In the event that you have a dispute with one or more other users of the Sites, you release MediaLinks (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Force Majeure. Neither MediaLinks nor you shall be responsible 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, water, acts of God, war, 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.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Sites that you claim is infringing, with enough detail so that we may locate it on the Sites;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our Sites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- Entire Agreement.These terms and conditions are the entire agreement between the user and MediaLinks and supersede any prior understandings or agreements (written or oral).
- Copyright Notice.All Site design, graphics, text selections, arrangements, and all software are Copyright © 2014, MediaLinks TV LLC or its licensors. ALL RIGHTS RESERVED.