What’s New in the Updated Terms of Service?
We, iStreamPlanet Co., LLC (“iSP”), have revised the Terms of Service for our current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Turner (as defined below), and/or for which Turner currently or in the future provides services and/or technology (“Sites”). Some of the key changes are summarized below, but please take the time to read the full Terms of Service. You accept and agree to be bound by these Terms of Service when you use any Sites, including, without limitation, when you view or access content or videos on the Sites.
- Governing Law, Agreement to Arbitrate and Class Action Waiver. To help streamline the resolution of disputes, claims, and controversies under these updated Terms of Service, as set forth in more detail below, you now agree that both you and iSP, including its present and future subsidiaries, (collectively, “Turner”) will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Sites and/or the provision of content, services, and/or technology on or through the Sites, and that any such proceedings will be conducted only on an individual basis (and not as a class action), and under New York law.
- User Content/Unsolicited Submissions. We updated and streamlined information concerning the handling and use of content provided by you or others in connection with the Sites. In some cases additional terms will apply to portions of the Sites that collect user content.
- Limitation of Liability. We have updated our limitation of liability clause.
- Contact Information. We updated how you may contact iSP in a variety of circumstances.
iSP reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Service at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.
- TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
This site is controlled and operated by iSP. All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by iSP, its parent or its affiliates, or by other parties that have licensed their material to iSP. You may use material from this site and other sites controlled by iSP only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other Web site or networked computer environment, unless expressly authorized, is prohibited.
- COPYRIGHTS AND COPYRIGHT AGENTS
iSP respects the rights of all copyright holders and in this regard, iSP has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide iSP’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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; Information reasonably sufficient to permit us to contact the complaining party;
- 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
- 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:
iStreamPlanet Co., LLC
c/o [Copyright Agent]
6630 W. Arby Ave., Suite 112
Las Vegas, NV, 89118
- LINKED SITES
This site may contain links to other sites on the Internet (“Linked Sites”). Linked Sites maintained by affiliates of iSP are operated subject to their own terms of service. iSP is not responsible for the content of any Linked Site that is not affiliated with iSP. The links to these sites are for your convenience only, and you access them at your own risk.
iSP welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by iSP, its affiliates, or any group or individual affiliated with iSP. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on this site without prior written consent.
- USER GENERATED CONTENT
Certain areas of the Site may allow you to communicate, submit, upload or otherwise make available comments, messages, images, audio, video and/or other content (“User Generated Content”), some of which may be accessible to the public. You agree that you will not submit or otherwise publish through our Site any User Generated Content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, threatening, otherwise offensive or that harms or threatens to harm any person or entity, whether or not such material is protect by law; (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.
By submitting User Generated Content to the Site you grant iSP and its parent, subsidiaries, or affiliates a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on television and on third-party sites and social media platforms), for any purpose including, without limitation, trade, advertising, promotional, and commercial purposes, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms of Service and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated hereunder. Without limiting the other terms set out in these Terms of Service, you agree to indemnify iSP and its parent, subsidiaries, and affiliates, and each of their respective 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 arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we expressly authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
iSP is not responsible for any User Generated Content or user communications published or transmitted by users of the Site. iSP reserves the right to edit or delete User Generated Content or user communications published or transmitted by users of the Site at any time and for any reason without any prior notice, but does not assume any obligation to do so.
- UNSOLICITED CREATIVE SUBMISSIONS/COMMUNICATIONS
iSP does not accept or consider creative ideas, suggestions or materials other than those iSP has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by iSP or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Submitted Material”), the Submitted Material shall be deemed and shall remain the property of iSP. None of the Submitted Material shall be subject to any obligation of confidence on the part of iSP, and iSP shall not be liable for any use or disclosure of any Information. iSP shall exclusively own any now known or hereafter existing rights to the Submitted Material of every kind and nature throughout the universe and iSP and its parent, subsidiaries, or affiliates shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submitted Material.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ISP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ISP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ISP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN ISP’S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ISP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ IN THIS SITE IS PROVIDED FOR ENTERTAINMENT PURPOSES.
THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF ISP OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND ISP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER ISP NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE WEB SITE.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ISP, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ISP OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ISP AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
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.
- JURISDICTIONAL ISSUES
The materials and all other content and features on the Sites 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. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites 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.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
iSP and you agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites, iSP or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to iSP by email to email@example.com AND by U.S. Mail to Copyright Agent 1050 Techwood Drive, Atlanta, GA 30318. To the extent that iSP has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. iSP and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. iSP and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, iSP or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between iSP and you arising under these Terms of Service or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in New York, New York, and iSP and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” or by calling the AAA at 1-800-778-7879.
iSP shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless iSP is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on iSP and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. iSP and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. iSP and you understand that, absent this mandatory arbitration provision, iSP and you would have the right to sue in court and have a jury trial. iSP and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over iSP and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following email address firstname.lastname@example.org AND by U.S. Mail to Copyright Agent 1050 Techwood Drive, Atlanta, GA 30318. The notice must be sent within the later of 30 days of your first use of the Site(s) or within 30 days of changes to this section being announced on the Site(s), otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, iSP also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms of Service and any changes/updates to this section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, iSP and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or subsidiary company of iSP to the extent that any such claims arise out of your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites.
- CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
iSP and you agree that iSP and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Service in connection with the Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. iSP and you further agree that iSP and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Sites.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
- EXPORT CONTROLS
Software that may be provided on from the Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service were last updated in April 2017.