MGN Site Usage Agreement


The images provided on MGN Online, www.mgnonline.com (the "Site") are for the exclusive use of Multimedia Graphic Network ("MGN") and their affiliated News Partners and Clients (“Affiliates”). Your use of this Site and any content shall comply with all applicable laws. Affiliates are licensed to use these images within their given market. All materials are protected by Copyright, Trademark and other intellectual property laws of the United States of America. Images containing the copyrighted material of third parties are for News Editorial use only and are presented with the permission of those parties, or rights provided under the “Fair Use” Copyright law for news reporting.

Affiliates providing Co-op images to MGN Online warrant such images are copyright and trademark free. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Co-op images submitted to MGN for use are not to be used by other Affiliates within the same market. Any use of images without the express written consent of MGN, their affiliated partners or the Copyright and Trademark holders is a violation of U.S. Copyright and Trademark law. You grant MGN the worldwide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the MGN Online Site. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons, and you agree to immediately discontinue all use of the content upon notification from MGN. Upon termination of this License Agreement Affiliates must remove and discontinue all use of MGN content.


Are Photo Credits needed for On-Air Broadcast News?

Photo Credit for On-Air ‘Over-The-Shoulder’ use is optional and not required by MGN’s licensing terms based on ‘Fair Use’. However, any full-screen broadcast photo use must show the Photo Credit / Attribution provided.

Are Photo Credits needed for use on our Website?

Photo Credits must be included for any images used on your Website and Digital Platforms.

Photo Credit Reminder

MGN has embedded required photo Credits, including Creative Commons License information, placed on the bottom right corner of all MGN provided content. To access images with embedded license, Simply download & use images ‘w / Credits’. These Credits are not only for your convenience, but have License requirements for content use when you post on your Website. MGN Affiliates can use these attributions provided so Photo Credits will properly display with an image on your Website. If you crop or decide to use a version without the embedded Credits, you must still display the proper Photo Credit and License we have provided. This information must display with the image, Neglecting to do so will result in its use being out of license use and compliance.


End-User License Agreement (EULA)

This End User License Agreement (EULA) applies to MGN Online Mobile News (as defined below). BY CLICKING THE ACCEPTANCE BUTTON OR BY DOWNLOADING, INSTALLING OR USING THIS MGN Online Mobile News APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY THIS EULA. YOU ALSO ACCEPT AND CONSENT TO THE MGN ONLINE PRIVACY POLICY. View our privacy policy

Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by Multimedia Graphic Network, Inc. or its affiliates (individually and collectively, the "Site").

1.Definitions
a.“MGN Online Mobile News” means the MGN Online Mobile News software program, Updates, and any associated Online services provided by MGN Online or its suppliers.
2.Ownership
a.Ownership: MGN Online Mobile News is owned by Multimedia Graphic Network, Inc., and is protected by U.S. and international copyright treaties. No ownership rights are granted by this EULA. Violation of copyright is a serious offense, punishable by monetary penalties and possible imprisonment. The MGN Online Mobile News logo is owned by Multimedia Graphic Network, Inc.
3.Updates
a.In its discretion, MGN Online Mobile News and/or its suppliers may make updates available for MGN Online Mobile News. MGN Online Mobile News may, in its discretion, provide any Updates subject to its then current forms of end user license agreement, which may contain additional or different terms.
4.Restrictions
a.You may not modify or create any derivative works of MGN Online Mobile News, decompile, disassemble, or reverse engineer the MGN Online Mobile News, or defeat, bypass, or otherwise circumvent any software protection mechanisms in MGN Online Mobile News (except to the extent applicable laws specifically prohibit such restriction)
5.Online Services
a.Multimedia Graphic Network, Inc. and/or its suppliers provide online services for use with MGN Online Mobile News. You may be required to register with MGN Online for such services. Online services are subject to applicable legal terms and conditions stated on the Mobile Generated News website and this EULA. Multimedia Graphic Network, Inc. may change or discontinue online services at any time.
6.Termination
a.Should you breach this EULA, your right to use MGN Online Mobile News will terminate automatically without notice.
7.Acceptance of Terms
a.You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Multimedia Graphics Network, Inc. ("MGN Online") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
b.MGN Online may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of mgnonline.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
8.Limitation of Liability
a.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MULTIMEDIA GRAPHIC NETWORK, INC. OR ITS DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, VENDORS, OR AGENTS (“MGN PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE MGN PARTIES’ ENTIRE LIABILITY WILL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY). REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR SOFTWARE PRODUCT, AT THE MGN PARTIES’ DISCRETION. Some jurisdictions do not allow the exclusion and limitation of incidental, consequential or special damages, so this exclusion and limitation may not be applicable to you. The MGN Parties will not be liable for any claims or damages arising out of content provided by you or a third party that is accessed through MGN Online Mobile News and/or any material linked to or through such content.
9.Injunctive Relief
a.You acknowledge and agree that, notwithstanding any other provisions of this EULA, any breach or threatened breach of this EULA by you will cause Multimedia Graphic Network, Inc. and/or its suppliers irreparable damage for which recovery of money damages would be inadequate and that Multimedia Graphic Network, Inc. and/or its suppliers therefore may obtain timely injunctive relief to protect their rights under this EULA in addition to any and all other remedies available at law or in equity.
10.Your Content
a.For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) MGN Online will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
b.By uploading Your Content, you grant MGN Online a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
c.You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
i.Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy; ii.Contains any pornographic, defamatory, or otherwise unlawful or immoral content. iii.Exploits minors; iv.Depicts unlawful or violent acts; v.Depicts animal cruelty or violence towards animals; vi.Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or vii.Violates any law, statute, or regulation.
d.You may not use any MGN Online Content for any purpose without first obtaining a license to use such MGN Online Content. Any use of MGN Online Content by you shall be governed by the applicable license agreement separately entered into between you and MGN Online. Displaying and/or distributing to the public any watermarked or unlicensed MGN Online Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
11.Infringement Claims / DMCA Notices
a.If you believe that any Image or other material made available by MGN Online infringes upon any copyright that you own or control, you may notify MGN Online in the manner set forth in our DMCA Copyright Infringement Notice Policy.
12.Indemnification
a.You agree to defend, indemnify and hold harmless MGN Online, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the MGN Online Content, or your violation of any rights of another.
13.Miscellaneous
a.Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of California. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. MGN Online shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of MGN Online, such action is necessary or desirable.
b.These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, without respect to its conflict of laws principles.
c.In the event of any conflict between these Terms of Use and any license agreement you enter with MGN Online, the terms of such license agreement shall control.
d.These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.
i.Online services. Multimedia Graphic Network, Inc. and/or its suppliers provide online services for use with MGN Online Mobile News. You may be required to register with MGN Online for such services. Online services are subject to applicable legal terms and conditions stated on the MGN Online website and this EULA. Multimedia Graphic Network, Inc. may change or discontinue online services at any time. ii.Termination. Should you breach this EULA, your right to use MGN Online Mobile News will terminate automatically without notice. The respective rights and obligations of Multimedia Graphic Network, Inc. and you under the following provisions will survive termination: 3 (Ownership), 5 (Restrictions on Use), 7 (Indemnification), 8 (Termination), 9 (Disclaimer of Warranty), 10 (Limitation of Liability), 12 (Injunctive Relief) and 14 (Miscellaneous). iii.Disclaimer of Warranty. MGN Online Mobile News IS PROVIDED “AS IS.” Multimedia Graphic Network, Inc. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-FRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. Multimedia Graphic Network, Inc. and its suppliers do not make any representations regarding the results of the use of the MGN Online Mobile News and do not represent or warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted and error free. iv.Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MULTIMEDIA GRAPHIC NETWORK, INC. OR ITS DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, VENDORS, OR AGENTS (“MGN PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE MGN PARTIES’ ENTIRE LIABILITY WILL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY). REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR SOFTWARE PRODUCT, AT THE MGN PARTIES’ DISCRETION. Some jurisdictions do not allow the exclusion and limitation of incidental, consequential or special damages, so this exclusion and limitation may not be applicable to you. The MGN Parties will not be liable for any claims or damages arising out of content provided by you or a third party that is accessed through MGN Online Mobile News and/or any material linked to or through such content. v.Export Controls. You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign nation, and not to export, re-export or import, MGN Online Mobile News in violation of any such restrictions, laws or regulations. vi.Injunctive Relief. You acknowledge and agree that, notwithstanding any other provisions of this EULA, any breach or threatened breach of this EULA by you will cause Multimedia Graphic Network, Inc. and/or its suppliers irreparable damage for which recovery of money damages would be inadequate and that Multimedia Graphic Network, Inc. and/or its suppliers therefore may obtain timely injunctive relief to protect their rights under this EULA in addition to any and all other remedies available at law or in equity.
e.You represent and warrant that you have all required legal capacity to enter into this EULA as a binding agreement.
f.This EULA is subject to the law of California. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You agree that the exclusive jurisdiction and venue for any claim or dispute relating to or arising out of this EULA or its subject matter will be in the federal and state courts located in San Diego, California, and you consent to the personal jurisdiction in such courts.
g.If any provision in this EULA should be held illegal or unenforceable, the other provisions of this EULA will remain in full force and effect.
h.A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
i.You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein.
j.Neither party will be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
Copyright © 2020 MULTIMEDIA GRAPHIC NETWORK INC.

Notice of Copyright Infringement

It is the policy of MGN to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512. In that regard, MGN may terminate the accounts of Affiliates and users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send MGN’s Copyright Agent a written notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of the location of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit MGN to contact you, such as your physical address, phone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.


MGN's Copyright Agent for notice of claims of copyright infringement can be reached as follows:


MGN Copyright Agent, 2533 S. Coast Highway 101, Suite 260, Cardiff, CA 92007;
By phone: 800.483.0961;By fax: 760.633.4789; email: info@mgnonline.com



Hold Harmless/Indemnification

MGN is committed to its Affiliates and agrees to indemnify and hold them harmless for any infringing material contained on this Site which results in a damage claim or damages to an Affiliate. Similarly, you agree to indemnify and hold harmless MGN against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Site Usage Agreement, (ii) Your use or modification of any material, or combination of any material, (iii) Your failure to provide material that is copyright free or to obtain from third parties all permissions necessary to use the material; and (iv) Any claims arising out of material you supply via the Co-op.