TERMS AND CONDITIONS OF USE
1. INTRODUCTION
Please read these terms and conditions (“Terms Of Use”)
carefully before using this application (“App”). By accessing and using this
App, you expressly agree to comply with these Terms Of Use. If you do not agree
with any of the below Terms Of Use, do not use this App. This App is controlled
and operated by Turner Broadcasting System Europe Limited at 160 Old Street,
London EC1V 9BW, United Kingdom ("Turner" “we” or “us”). Our phone
number is 020 7693 1000. We reserves the right, in its sole discretion, to modify,
alter or otherwise update these Terms Of Use at any time. Any changes to these
Terms of Use will become effective immediately after their publication on the
App. We encourage you to review these Terms of Use regularly so that you are
familiar with their scope and any changes that may have been made.
By downloading and using this App, you confirm that you are
at least 18 years of age (or have reached the age of majority if that is not 18
years of age where you live) or that you have reviewed these Terms Of Use with
your parent or legal guardian and he or she agrees to these Terms Of Use on
your behalf and takes full responsibility for your compliance with them. You
agree that you (and your parent or guardian) are fully able and competent to
enter into and comply with these Terms of Use.
2. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All material on this App, including, but not limited to
text, images, illustrations, audio clips, video clips, games and software
(“Materials”), is protected by copyrights, trademarks, and other intellectual
property rights which are owned and controlled by us or by other parties that
have licensed their material to us. The Materials are provided for your
personal, non-commercial use. Such Materials may not be copied, reproduced,
republished, uploaded, posted, transmitted, distributed, decompiled, reverse
engineered, or used in any manner, except as expressly permitted by these Terms
of Use.
4. CARTOON NETWORK BY ME CONTENT SUBMISSION
As part of the services we provide, you can create designs
and content within the App (“Your Creation”) which you can then submit to
Cartoon Network. To submit Your Creation
you require parental approval if you are under 18, the process for which is set
out in the App. From time to time we may promote on the Cartoon Network
channels and/or websites a promotion when We will select content from all
submissions from the App to transmit on the Cartoon Network channel or Cartoon
Network website. We will select submissions from all the submissions received
within the dates set out in the relevant promotion. We reserve the right to
decide the number of submissions that will be exhibited and the duration of
their exhibition. Where Your Creation is
accepted for exhibition the first name and age of the creator will be displayed
(where that information has been provided as part of the submission).
You agree that you are responsible for Your Creation and
that you will not include in Your Creation anything that could (i)
infringe the intellectual property, privacy or other rights of any third party;
(ii) violate any law, rule or regulation; (iii) be defamatory, indecent,
obscene, pornographic, abusive or threatening; (iv) advocate illegal activity;
(v) advertise or otherwise solicit funds or is a solicitation for goods or
services; (vi) or contain any viruses, trojan horses, disabling code, worms, or
other computer programming or routines that are intended to, or which in fact,
damage, detrimentally interfere with, monitor, intercept, or expropriate any Materials
, data, information, packets, or personal information. You agree that we may
review, edit and delete Your Creation as submitted to us for any reason and
that We can chose whether to exhibit it or not and for how long.
Further, you acknowledge and agree that we may take any
action we deem appropriate in relation to Your Creation, if we believe, in our
sole discretion, that it may expose us to liability, or damage our relationship
with any of our suppliers, licensors or other users of the App.
By submitting Your Creation You hereby grant to us, our
licensees, distributors, agents, representatives and other authorized users, a
perpetual, worldwide, irrevocable, assignable, fully-paid, royalty-free
licence, fully sub-licensable, to exercise all intellectual property rights, in
and to all or any part of Your Creation, and exploit Your Creation by any
means, including by creating derivative works or for purposes of advertising
and promotion, in any medium now known or hereafter developed including on our
television channels, websites and social media channels. For the avoidance of
doubt, when you or any other person authorised by you submits Your Creation,
you agree that We have the right to publish or otherwise use Your Creation or
any of its elements for any type of use, including promotional and advertising
purposes. You agree that you are not entitled to any payment, credit, notice
attribution, or other compensation or consideration for any uses of Your
Creation by us. We hereby grant to you a non-exclusive licence to create a
derivative work using our Materials, but only for the purpose of creating Your
Creation as part of your enjoyment of the services and always in accordance
with these Terms Of Use.
6. PRIVACY
Any personal information you provide to us when you use our
services will be processed in accordance with our Privacy Policy.
8. INDEMNIFICATION
You agree, to the fullest extent permitted by law, to
indemnify Turner 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 legal fees, resulting
from your breach of these Terms Of Use.
9. DISCLAIMER OF WARRANTIES AND LIABILITY
The Materials on this App are provided "as is" and
without warranties in relation to the provision of the App services. Neither
we, nor our affiliated or related
entities, nor any person involved in the creation, production, and distribution
of this App warrant that the functions contained in the Materials will be
uninterrupted or error-free, that defects will be corrected, or that we or the
server that makes them available are free of viruses or other harmful
components. The Materials are provided solely for entertainment and promotional
purposes. We do not warrant or make any representations regarding the use or
the results of the use of the Materials on this App in terms of their
correctness, accuracy, reliability, or otherwise.
You expressly agree that except for death and personal
injury arising as a consequence of our negligence, neither we, nor our
affiliated or related entities, nor any of their respective employees, or
agents, nor any person or entity involved in the creation, production, and
distribution of this App are responsible or liable to any person or entity
whatsoever for any loss or damage whatsoever resulting from the use of this
App. By way of example, and without limiting the generality of the foregoing,
we and our related persons and entities shall not be responsible or liable for
any claim or damage arising from failure of performance, error, omission,
interruption, deletion, defect, delay in operation, computer virus, theft,
destruction, unauthorised access to or the reliance upon or use of data,
information, opinions or other materials appearing on this App. You expressly
acknowledge and agree that we are not liable or responsible for any defamatory,
offensive or illegal conduct of other subscribers or third parties.
10. JURISDICTIONAL ISSUES
Unless otherwise specified, the Materials on this App are
presented solely for the purpose of entertainment and promoting programs and
other products available in Europe, Africa and the Middle East, their
territories, possessions and protectorates. This App is controlled and operated
by Us from our offices in London.
These Terms Of Use shall be governed by, construed and
enforced in accordance with the laws of England and Wales. Any action you, any
third party or We bring to enforce these Terms Of Use or, in connection with,
any matters related to this App shall be subject to the exclusive jurisdiction
of the courts of England and Wales. If any provision of this agreement shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from 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 set out in these Terms of Use.
These Terms Of Use were last updated on 13 November 2020