Terms of Use

Hi! We’re motion.tv (Zocoloco Studios, Inc., motion, cg+news, planet•motion  or we or us) and we’d love to welcome you to the cg+news website. But, seriously, first please take the time to read and understand our terms and conditions (Terms of Use). They govern your (your or you) use of the cg+news (Site) as a viewer.

If you have any questions or concerns about these Terms of Use please don’t hesitate to contact us at hello@cgnews.com. Thank you!

USER OBLIGATION

If you are seeking to submit material to this site or to engage in any activities within the site other than passively viewing site content, you must accept our Terms of Use.

Visiting and using our websites (which includes but is not limited to simply viewing the site’s content) constitutes your acknowledgement and acceptance of these Terms of Use, which takes effect the moment you first use the site.

cg+news reserves the right at any time to change the terms, conditions and notices under which its services are offered, including but not limited to these Terms of Use, by posting such changes online. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.

If these Terms of Use are not accepted in full, you do not have permission to access the contents of this site or to upload content to this site and you should cease using this site immediately. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

You must be 18 years or over or possess legal parental or guardian consent to register as a member of this website. If we discover or have any reason to suspect that you have not reached 18 years of age or that you do not have legal parental or guardian consent, then we reserve the right to suspend or terminate your membership to this site immediately and without notice.

Children and young people under 18 are entitled to access this site to view its content but are not presently able to register as members and actively participate  i.e., upload content. Certain parts of the site (e.g., those containing films with adult language and/or content) may be unsuitable for younger viewers. cg+news offers user-managed content ratings, but we do not independently vet or verify these ratings and therefore we cannot and do not guarantee the accuracy of these content ratings.

PASSWORD, SCREEN NAME AND SECURITY

When you register as a member of cg+news, you will be asked to select a Screen Name and we will provide you with a Password which you are then free to change to your own original Password. Your Screen Name and Password allow you to access your account and, as we continue to enhance the site, log on to areas of the site that are reserved for members only.

You accept that it is your sole responsibility to maintain the confidentiality of your Password and Screen Name and that you are responsible for all activity that occurs under them. cg+news is unable to check the identity of people using the site and will not in any way be liable where your Password or Screen Name are used by someone else. You agree to notify cg+news immediately of any unauthorized use of your Password or Screen Name and any other breach of security as soon as you become aware of it.

Any private information and/or data relating to your membership to cg+news or your uploaded content that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by cg+news, our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your membership and when making decisions whether any material you seek to upload onto the site should be accepted or rejected. In addition, we may, at our sole discretion, disclose this information to the police, regulatory bodies or any legal advisers in connection with any suspected or alleged criminal activity or offense or suspected breach of these Terms of Use, including but not limited to any claim of infringement by you, or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.

HOLD HARMLESS AND INDEMNIFICATION

You agree to hold harmless and indemnify Zocoloco Studios, Inc, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the cg+news site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If cg+news receives notice of such a claim from someone other than the member whose use of the site is in question, cg+news will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.

GRANT OF LICENSE

When you upload or post content to cg+news, or submit content to cg+news, that content becomes public content and will be searchable by and available to anyone who visits the cg+news site. cg+news does not claim ownership of the materials you post, upload, input or submit to the cg+news sites. However, by posting, uploading, inputting, providing or submitting your content to cg+news, you are granting cg+news, its affiliated companies and partners, a worldwide, revocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that content for the purposes of displaying that content on cg+news and on other Web sites, devices and/or platforms. Content that you upload to cg+news will generally be available to the public in RSS feeds designed to allow for the automatic syndication of content throughout the Web. cg+news is an open platform and designed for the free exchange of content and ideas.

When you upload, submit or post content to the cg+news site, you grant cg+news a license to distribute that content, either electronically or via other media, to users seeking to download it through the cg+news site or for purposes of other services provided by cg+news and to display such content on cg+news affiliated sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed as necessary for us to provide the cg+news services as they now exist or are developed in the future.

cg+news respects the fact that your content is yours, and will not sell advertising on your content or sell your content without your permission. For more information on this, see the ADVERTISING section of these Terms.

You may remove content you have submitted or posted on cg+news at any time. When you delete content from cg+news, such deleted content, while not available to the viewing public and other cg+news users, will remain on the cg+news server until such time as you make a specific request to cg+news for permanent deletion of such content from the cg+news server.

Such requests must be made in writing, via email, to cg+news customer service at the following address: contact@cgnews.com. When you do remove your content, the license described above will automatically expire. We cannot guarantee that content deleted from cg+news or permanently deleted from our servers will be deleted from the Web sites or systems of third parties. If you would like your content removed and/or permanently deleted from any Web sites other than cg+news, you will be required to contact such Web sites directly, and we cannot guarantee any outcome, action or result with respect to any such request by you.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The content on cg+news, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to cg+news, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. cg+news reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.

All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of cg+news, its affiliates, associated companies, and/or licensors.

The names, images and logos identifying cg+news are proprietary marks of cg+news, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of cg+news, its associated companies and affiliates, or any third party unless expressly stated otherwise.

You shall be solely responsible for your own content and the consequences of posting or publishing said content. In connection with all content that you upload to cg+news, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize cg+news to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said content, including without limitation any musical recordings contained therein; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use.

In addition to posting your own content on cg+news, you can also enjoy the many videos uploaded by others in the cg+news community. The cg+news site includes a combination of content that we license from third party partners and content that is created and posted by our users. All of the content on the cg+news site is protected by the copyright of one or more of the following: cg+news, our partners or our users. Materials uploaded to cg+news may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

As a creator of content uploaded to cg+news or as a passive user of the cg+news site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the cg+news site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any cg+news content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.

If you believe that any of your intellectual property rights have been violated (e.g., your copyright or trademark infringed) by material available on the cg+news, you will need to provide, at a minimum, the following information immediately:

* The nature of your complaint and an exact description of where the material about which you complain is located within the site;
* In the case of a copyright/trademark dispute, identification of the copyrighted/trademarked work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
* Your name, address, telephone number, and email address;
* A statement by you that the above information is accurate and, in the case of a copyright/trademark dispute, that you are the owner of the copyright/trademark involved or are authorized to act on behalf of that owner; and
* Your electronic or physical signature.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information on our copyright policy and procedure for reporting alleged copyright infringement, please click here.

Any rights not expressly granted herein are reserved.

PRIVACY

cg+news respects the privacy of its users. Everyone always says these things in these documents, but we really mean it.

cg+news will not share personally identifiable information about you with any third-party except as required by law, or as is necessary to fulfill its obligations under these Terms (i.e. to facilitate advertising revenue share payment).

cg+news‘s service includes a demographic data collection system. As part of this system cg+news may ask you questions about yourself (like your age, interests or zip code). Your answers to these questions may be stored on your computer and transmitted to cg+news from time to time. cg+news will never store this information on its servers in a way that’s relatable to you or your identity, instead the information will only be stored and operated on in an aggregate way. That said, cg+news may transmit some of your answers to its advertising partners at the time advertisements are served to you. We do this in order to deliver the most relevant advertisements possible.

In addition to specific questions we may ask you, we will also record information about your use of the site that may include your IP (Internet Protocol) address and the pages and videos you have visited. This information may be shared with other users and our partners in an aggregate form that is designed to not be individually identifiable.

THIRD PARTY SITES/LINKS TO cg+news

cg+news may contain links to other websites (Linked Sites). The Linked Sites are not under the control of cg+news and cg+news is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. cg+news is not responsible for webcasting or any other form of transmission received from any Linked Site. cg+news is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by cg+news or any association with its operators.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. cg+news does not endorse and is not responsible or liable for any content, advertising, products, services or information on, or available from, third party websites or material. cg+news is not responsible for any damage, loss or offense caused by, or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service. cg+news does not claim any legal authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a Linked Site.

cg+news disclaims all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to this site on websites not affiliated with cg+news.

COMMERCIAL AGGREGATION

cg+news is designed to be technically compatible with the universe of third-party aggregation software to the greatest extent possible, and we are committed to building an open platform. Unless otherwise stated, however, you may not distribute, transmit, broadcast, commercially exploit or modify in any way material or content or permit or assist any third party in doing the same. You may not aggregate, embed or “deep-link” content on cg+news from your own Web site, service or platform for commercial purposes in a systematic way without the prior written consent of cg+news. You must at all times respect the copyright licenses attached to cg+news content (i.e. Creative Commons licenses) while aggregating, embedding or deep-linking cg+news content.

WARRANTY DISCLAIMER

Please note that the information, software, products and services included in, or available through, the cg+news website are continually being updated and upgraded. cg+news does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE IS PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. cg+news EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

The information and other materials included on this site may contain inaccuracies and typographical errors. cg+news does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. cg+news reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice.

cg+news does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. cg+news does not represent the full functionality, accuracy or reliability of any material. cg+news may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL cg+news AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE cg+news WEBSITE, WITH THE DELAY OR INABILITY TO USE THE cg+news WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE cg+news WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE cg+news WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF cg+news OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the cg+news website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the cg+news website and services provided therein.

LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Mexico. Disputes arising from these Terms of Use or your use of the cg+news website shall be exclusively subject to the jurisdiction of the courts of New Mexico. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

cg+news makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.

MISCELLANEOUS

If any of these Terms of Use or any other policies posted by cg+news management on the cg+news website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of cg+news to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect these terms and conditions.