TERMS OF USE

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, AND THE COLLECTION, TRANSFER, USE, AND SHARING OF YOUR PERSONAL INFORMATION.

BY ACCESSING AND USING THIS SERVICE, YOU EXPRESSLY AGREE TO COMPLY WITH THESE TERMS.

The "Turner ViP Terms of Use" ("TOU") govern your access to and use of Turner ViP. Your access to the Services, Site and Content are conditioned on your acceptance of and compliance with the TOU and any additional restrictions, limitations, or guidelines provided to you by Turner. Turner reserves the right to modify the TOU at any time in its sole discretion. Any modifications to the TOU will supersede the prior TOU provisions and your continued use of the Service and/or the Site after the revised version is made available constitutes your agreement to the updated TOU. THE Turner ViP SERVICE IS OPERATED BY Turner Broadcasting System Europe Limited, at Turner House, 16 Great Marlborough Street, London W1F 7HS, United Kingdom ("Turner" “we” or “us”) AS A COURTESY TO ITS LICENSEES, DISTRIBUTORS, RELATED COMPANIES, AND SELECTED INDIVIDUALS. TURNER MAY ALTER, CHANGE, OR DISCONTINUE THE SERVICE OR ANY PART OF THE SERVICE, OR YOUR ACCESS TO THE SERVICE, AT ANY TIME AT ITS SOLE DISCRETION.

This agreement is a legally binding agreement between Turner and you as the "Registered Account Holder" ("you" or "your") concerning the TURNER VIP SERVICE (the "Service") and the content included in and made available via the Service ("Content"). Access to and use of the Service, including the websites currently located at https://www.turnervip.com associated with it (the "Site"), is provided by TURNER subject to the following Terms.

To be eligible to access the Service ("Eligibility Criteria"), you must be:

  • (i) at least eighteen (18) years old or have reached the age of majority in your jurisdiction,
  • (ii) have received valid credentials ("Credentials") to access the Service from an authorized TURNER employee, and
  • (iii) have properly registered and created an account (the "Registered Account").

Turner reserves the right to modify the terms and conditions of this agreement or to change, modify or otherwise alter any feature of the Service, the Site, and/or the Content at any time in its sole discretion. Any modifications to this agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this agreement, will supersede the prior Agreement provisions for all activity occurring after the revised version has been made available. Your continued use of the Service and/or the Site after the revised version is made available constitutes your agreement to the revision. This agreement is effective until terminated. Your rights under this agreement will terminate automatically without notice from Turner if you fail to comply with any term(s) of the agreement.

REPRESENTATIONS: By accessing, previewing or otherwise using the Service and/or the Site in any manner you represent and warrant that you have been authorized to use the Service, have received valid Credentials, and you have legal capacity to enter into this agreement (i.e., that you are at least eighteen (18) years old or of sufficient age to be considered an adult in your jurisdiction and that you possess sufficient mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement.

LICENSE: Turner grants you as the Registered Account Holder a limited, non-exclusive, non-transferable license to access, use and privately display the Service solely to the Registered Account Holder, provided that you are not in breach of this agreement and this agreement otherwise remains in effect. Turner may revoke this license and/or terminate this agreement at any time, at its sole discretion, for any reason or no reason at all. Additionally, the Service will only operate on certain hardware and software platforms, Turner may change or cease support of any hardware or software platforms at any time, and Turner may at any time change the geographic location(s) from which the Service is supported, operated or delivered, including changing or redirecting one or more website addresses, or processing or engaging third parties to process data on Turner's behalf, in location(s) throughout the world. Any copy of the Service, the Site, Content or any portion thereof, or providing access to any individual other than the Registered Account Holder will constitute a violation of this agreement and infringement of Turner's copyright. Violation of this agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and/or the Site.

REGISTRATION: To access and/or use the Service, you must establish an account. To establish an account, you must have been provided with a unique Username and Password from an authorized Turner employee. Once you enter the site using that Username and Password, you will be required to create a Registered Account for use solely by you (the "Registered Account Holder"), and to provide information which may include your first and last name, your email address, your country of residence, and your employer or company. It is a condition of use of the Service, and you represent and warrant, that all the details you provide will be correct, current, and complete and will not violate any law. Turner has the right to suspend or terminate your Registered Account, or refuse you access to the Service and any of its resources, at any time at Turner's sole discretion.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL PROPERLY SAFEGUARD YOUR USERNAME AND PASSWORD; THAT YOU WILL NOT DISCLOSE OR SHARE YOUR USERNAME OR PASSWORD WITH ANYONE; THAT YOU WILL NOT PROVIDE ACCESS TO THE SERVICE, THE SITE, THE CONTENT, OR ANY PORTION THEREOF, TO ANY PERSON OTHER THAN YOURSELF AS THE REGISTERED ACCOUNT HOLDER; AND THAT YOU WILL NOT ACCESS THE SERVICE OR THE SITE FROM ANY PUBLIC COMPUTER OR DEVICE.

You are responsible for all activity occurring under your Registered Account, and for maintaining the confidentiality of your Username and Password. Use of this Service or access to the Site by an unauthorized person is prohibited. You agree that you will: (a) immediately notify TURNER of any unauthorized use of a Username and/or Password by emailing TurnerViPSupport@Turner.com and (b) make sure that you properly exit the Service at the completion of each session. TURNER and its parent, divisions, subsidiary and affiliated divisions and companies, partners, distributors, assigns, licensees and the respective shareholders, directors, officers, employees, and agents of the foregoing (the "TURNER Parties") shall not be liable for any loss or damage arising from your use or misuse of your Registered Account or failure to comply with the registration requirements.

COPYRIGHTS AND TRADEMARKS: The Service, including but not limited to the Site, and all materials incorporated in the Service and the Site (including, but not limited to text, photographs, graphics, video and audio) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries, and some of the characters, logos or other images incorporated by TURNER on the Service and the Site are also protected as registered or unregistered trademarks, trade names and/or Service marks owned by Turner (collectively Turner's "Intellectual Property"). All other trademarks are the property of their respective owners. Use of Turner’s Intellectual Property is not authorized in any manner other than as incorporated into the Service and the Site.

DATA AND PRIVACY: In connection with the Service and the Site, Turner collects data from you (collectively "Data") which includes personal information, including your first and last name, your email address, your country of residence, and your employer or company. Please read our Privacy Policy for details of how we use your data.

RESTRICTIONS ON USE OF SERVICE: You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, communicate to the public, 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 Service or any of its Content, or attempt to interfere with the operation of the Service in any way, except that you may access and display material and all other Content displayed on the Service privately, solely to and for use by the Registered Account Holder, and only as strictly authorized by Turner.

You may not use any data mining, robots, or similar data gathering and extraction tools on the Service or on any portion of the Service, or frame, embed or link to any portion of the Service. Without limiting the generality of the foregoing, you may not distribute any part of the Service over any network, including a local area network, nor sell or offer it for sale. All Content that you access and/or view will be marked with a personal identifier, which may be invisible (e.g., a forensic watermark).

You may not assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement. In addition, the Content may not be used to construct any kind of database. Any authorization to copy material granted by Turner in any part of the Service for any reason is restricted to viewing a single copy by and for the Registered Account Holder only, and is subject to your keeping intact all copyright, trademark and other proprietary notices. Using any material on any other Service or networked computer environment is prohibited.

Also prohibited are: decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software or digital rights management feature on the Service 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 such software or any feature of the Service, or intercepting and/or recording data or network communications transmitted between the Service and Turner

CONTENT AND CONTENT LIMITATIONS: 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. Please note that the Service and Site may contain some Content that is intended for mature audiences only. Please note that Content will be available for only a limited amount of time, which is determined at Turner’s sole discretion and may be changed at any time. Turner reserves the right, in its sole discretion, to disable access to any Content at any time, regardless of the posted access windows.

SERVICE UPDATES AND SOFTWARE: At various times, TURNER may choose to make available updates, bug fixes, or other changes or enhancements to the Service (collectively, "Service Updates"). Service Updates may be:

  • (a) automatic, such as in connection with general website changes and additional features or updates to data required by the Service;
  • (b) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and
  • (c) 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 continued access to the Service.

TERMINATION: TURNER may alter, change, cancel, terminate or restrict the Service and/or Site, or your access to the Service and/or Site or any part thereof, at any time, without notification, for any or no reason whatsoever. The Service and the Site are being provided as a courtesy by TURNER and you have no right to access the Service and/or Site except as determined by TURNER in its sole discretion.

SERVICE: If you need assistance with the Service and are unable to resolve your question via our Help feature of the Service, please contact us by email at TurnerViPSupport@Turner.com.

DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICE AND THE SITE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICE AND THE SITE 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, THE TURNER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE TURNER PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TURNER'S SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE TURNER PARTIES 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 SERVICE OR THE SITE LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY: THE TURNER PARTIES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO FAILURE OF PERFORMANCE, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, WORM, TROJAN HORSE PROGRAM OR DISABLING CODE, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE AND/OR THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT ON THE SERVICE AND/OR THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TURNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT TURNER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. YOU ASSUME THE RISK IN USING THE SERVICE AND/OR THE SITE AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. 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.

INVESTIGATIONS/VIOLATIONS: Turner reserves the right to investigate suspected violations of this Agreement or of its intellectual property rights, and may seek to gather information from the Registered Account Holder who is suspected of violating the terms of this agreement or any of TURNER's intellectual property rights, and from any other individual, entity, or user. You consent to TURNER taking any steps it deems reasonably necessary in the course of such an investigation.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE TURNER PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TURNER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TURNER OR LAW ENFORCEMENT AUTHORITIES.

INDEMNITY: You agree to indemnify and hold harmless the Turner Parties from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Service's servers, and/or from any and all use of your Registered Account in violation of this agreement or the failure to fulfill any obligations relating to your Registered Account incurred by you or any other person using your Registered Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

JURISDICTIONAL ISSUES:

Unless otherwise specified, the materials on this site are presented solely for the purpose of promoting programs and other products available in Latin America, Europe, the Middle East, Africa Asia and Oceania. This site is controlled and operated by Turner from its offices in London. Turner makes no representation that material on this Site is appropriate or available for use in other locations. Those who choose to access the site or use the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Agreement shall be governed by, construed and enforced in accordance with the laws of England and Wales. Any action you, any third party or Turner bring to enforce this agreement or, in connection with, any matters related to the Service, Site or Content shall be subject to the exclusive jurisdiction of the courts of England and Wales.

TURNER EMPLOYEES: Turner employees who use the Service and/or Site should be aware that all of Turner's applicable policies and guidelines, including without limitation, the Standards of Business Conduct, and the Technology Compliance apply to a Turner employee's use of the Service and/or Site, in addition to the terms of this agreement. Violations of this agreement or any Turner policy or guideline by a Turner employee may result in discipline, up to and including termination of employment. Nothing contained in this agreement shall alter any terms and conditions of your employment with Turner and should there be any contradictions, ambiguities, or discrepancies between any terms contained in this agreement and any written agreement you have with Turner regarding your employment, the terms of the written agreement with Turner shall control.

SEVERABILITY: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

ELECTRONIC SIGNATURE: As a Registered Account Holder, your use of the Service may enable you to enter into agreements electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements, including without limitation all transactions you enter into in connection with the Service.

FORCE MAJEURE: Turner shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE SERVICE.

Last updated: September 2018.