1. Your Acceptance
1.1 By using and/or visiting this website (collectively, including all content and functionality available through the cp.bon.tv domain name, the "BON CP website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) BON CP's privacy notice, found at http://cp.bon.tv/about_us/help/. If you do not agree to any of these terms, or the BON CP privacy notice, you agree that you will not use the BON CP website.
1.2 Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://cp.bon.tv/about_us/terms_conditions/. BON CP may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1.3 Licensed Platform
The BON CP content may only be used on the following platforms (“Licensed Platforms”): (i) on-air-broadcasts and newscasts branded in the name of you; (ii) simulcasts of newscasts on a mobile channel branded in the name of you; (iii) online and mobile-optimized sites branded in the name of you; (iv) mobile and tablet apps branded in the name of you.
The content may not be used on platforms that have an advertising purpose (including but not limited to movies/films, video games, banner ads, pop-up ads, MMS ads, other mobile advertisement, presentations, commercial websites, trade shows).
1.4 Content License
Subject to the foregoing, these terms and conditions, together with any applicable license agreement (collectively, the “Content License”), as the case may be, constitute the entire agreement between you and BON CP regarding any content that is accessed via this site and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof.
2. BON CP Website
2.1 These Terms of Service apply to all users of the BON CP website, including users who are also contributors of video content, information, and other materials or services on the Website. The BON CP website includes all aspects of BON CP, including but not limited to all services, products, and any software offered via the website such as any and all BON CP channels, the BON "Video Player", and other applications that from time to time may be made available to you.
2.2 The BON CP website may contain links to third party websites that are not owned or controlled by BON CP. To clarify, BON CP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BON CP will not and cannot censor or edit the content of any third-party site. By using this website, you expressly relieve BON CP from any and all liability arising from your use of any third-party website.
3. BON CP Accounts
3.1 In order to access some features of the Website, you will need to create a BON CP account. You may only use an account that is in your own name. You agree that you will not use the account of another member without our permission in writing. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BON CP immediately of any breach of security or unauthorized use of your account.
3.2 You are solely responsible for (i) maintaining the confidentiality of any account information, user names, access permissions, and passwords that are provided by BON CP to access this site or any product or service available through this site, and (ii) all activities occurring under your accounts, user names, or passwords. You agree to take all commercially reasonable efforts to prevent others from obtaining your account information. You shall notify BON CP of any unauthorized access or need to update or remove access for any of your employees or agents. If you become aware of any suspicious or unauthorized conduct concerning an account, you shall contact BON CP immediately.
3.3 Although neither BON CP nor its employees, agents, or representatives will be liable for any losses caused by any unauthorized use of your account, you may be liable for the losses of BON CP or others due to such unauthorized use.
4. License Grants
4.1 Unauthorized use
You agree to take all commercially reasonable efforts to prevent third parties from misappropriating or obtaining unauthorized access, use or transmission of the content (collectively “Unauthorized Use”) on the Website. In the event that you learn of any Unauthorized Use, you shall promptly inform BON CP of all facts known to you with respect to such Unauthorized Use. BON CP may, at its own expense, institute any legal action or proceeding to obtain any relief permitted in law, equity or both, against any persons or entities causing, directly or indirectly, such Unauthorized Use, and if any such action or proceeding is instituted, you shall reasonably cooperate with BON CP in connection therewith.
In connection with the exercise of your rights granted under Section 3.2, you may format the content solely to permit said content to be displayed on a Licensed Platform, as the case may be, provided that you do not alter or compromise the editorial content or meaning of such content. All such reformatted content shall be treated as “content” for the purposes of these Terms and Conditions, and you hereby assign to BON CP all right, title and interest you may have in and to such reformatted content.
4.3 Cancellation and Termination
Where a breach of the rules governing the usage of a BON CP Account have been breached in accordance with these Terms and Conditions, BON CP may cancel and terminate any BON CP Account at any time,, immediately upon notice to you. In such event, your sole and total remedy in such event shall be to receive the unused amounts you paid to BON CP in respect of access to any content on the Website. Additionally, any and all rights you have to use the content shall immediately terminate upon notice from BON CP in the event of any breach or violation of provisions of the Content License. Non-payment of an invoice by the due date shall be considered a breach of the provisions of the Content License.
5. Website Termination
BON CP reserves the right to modify, suspend, or discontinue the Website or any part of any content thereof at any time, and BON CP shall not be liable to you or to any third party should it exercise such rights. To the extent possible, BON CP will warn you in advance, and as early as possible, of any modification, suspension or discontinuance of the Website. Termination of the Website shall not affect the Content that you have already acquired.
6. Electronic Contracting
Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts and applications. As defined to you by BON CP before you enter into any such agreement, in order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
7. Warranty Disclaimer
You agree that your use of the BON CP website shall be at your sole risk. To the fullest extent permitted by law, BON CP, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. BON CP makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the BON CP website. BON CP does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the BON CP website or any hyperlinked website or featured in any banner or other advertising, and BON CP will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
8. Limitation of Liability
In no event shall BON CP, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the BON CP website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that BON CP shall not be liable for news 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.
BON CP makes no representations that the BON CP website is appropriate or available for use in your own community. Those who access or use the BON CP website from another jurisdiction do so of their own volition and are solely responsible for compliance with local laws.
You agree to defend, indemnify and hold harmless BON CP, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BON CP website and any content therein; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the BON CP website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the BON CP website is not intended for children under 13. If you are under 13 years of age, then please do not use the BON CP website. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BON CP without restriction.
12.1 These Terms of Service, together with the Privacy Notice at http://cp.bon.tv/about_us/h/ and any other legal notices published by BON CP on the Website, shall constitute the entire agreement between you and BON CP concerning the BON CP website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BON CP's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BON CP reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the BON CP website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and BON CP agree that any cause of action arising out of or related to the BON CP website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
12.2 Illegal use, Defamation, Political Agendas, Integrity of BON CP and the Content.
You are prohibited from making any unlawful use of the Content. You are prohibited from using the content in any jurisdiction where doing so would violate applicable defamation, libel, commercial disparagement, privacy and other community standards prevailing in said jurisdiction. You are prohibited from using the content to suggest an affiliation with or endorsement of any political party, person or entity, or in any manner that promotes a partisan agenda or advocates illegal or immoral activities. You are prohibited from using the content in any pornographic manner. You are prohibited from disparaging or impugning the integrity of BON CP or any of its products or services.
At BON CP’s request, you will provide access to the Licensed Platform(s) in order for BON CP to confirm your compliance with the Content License. Such access shall be without charge. Additionally, BON CP may inspect any of your records, accounts and books solely relating to the licensing of the content, upon reasonable notice to you, to ensure that you are using the content in accordance with the Content License. If BON CP, in its sole discretion, has reason to believe or suspects that you have been using or are using the content in violation of the Content License, BON CP may demand that the Licensee sign an affidavit that its use has been and is compliant with the Content License.
The rights granted hereunder are non-assignable and non-transferable by you without BON CP’s prior written consent. Any attempted assignment or transfer of the rights granted hereunder in contravention of this provision shall be null and void. Any permitted assignment or transfer shall inure to the benefit of, and be binding upon, any permitted transferees.
If any provision of the Content License is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Content License, as the case may be, and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.