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.

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 as long as MGN’s strict guidelines are followed here. 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.

Indemnification Exceptions

1.   If any Third-Party content provider changes the terms and conditions of the Creative Commons license they originally assigned to an image provided by Multimedia Graphic Network, MGN’s Hold Harmless/Indemnification will no longer remain valid for that image.

2.   Upon an affiliate canceling their contract with Multimedia Graphic Network, the affiliate will no longer fall under MGN Online’s Hold Harmless/Indemnification umbrella.

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;
(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; 
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.

MGN LOGIN

support visual for login options

MGN Affiliates have two ways to LOGIN

Digital: Embedded Photo Credits

All images will come with embedded photo credits to facilitate ease of use and license compliance when using MGN images on websites.

TV: Choice of Photo Credits

Choosing TV will allow the option of embedded photo credits or not. This allows flexibility for OTS or Full Screen Use.

LICENSE USAGE GUIDE

MGN Site Usage Agreement (Image Credits)

1

The simplest method to ensure correct image credits:

is to download the image with the credits embedded directly on the image (the image credit displays on the bottom right corner as shown in the screenshot below)
2

Copy & Paste Image Credits:

Images can also be downloaded without the embedded credit BUT the credit must be copied and pasted from our site into your platform. The image credits are displayed in the box directly underneath the image.
3

License Link:

This term applies only to Creative Commons Licensed images (CC License). The terms of CC licenses demand that a 'link to the license' be displayed. MGN has taken care of this for you and all the user needs to do is to credit the image exactly as shown using one of the 2 methods detailed above
support visual for license usage

Additional General Rules


Over The Shoulder Broadcast: No image credits are needed for OTS as they are too small to display

Full Screen Broadcast: Image credits must be displayed either as the embedded image credit or copied and pasted into your platform

Website Use: Image credits must be displayed either as the embedded image credit or copied and pasted into your platform

Social Media Use: Image credits must be displayed either as the embedded image credit or copied and pasted into your social media platform post

Copy and Pasting Image Credits: When manually entering image credits, they must match the credits as seen on MGN Online EXACTLY. Failing to do so can lead to costly copyright violations and will not be covered under MGN’s Harmless/Indemnification umbrella. The words MGN or MGN Online must not be included in image credits unless they appear in the embedded credit version.

TERMS OF SERVICE

The images provided herein are for the exclusive use of Multimedia Graphic Network and their affiliated News Partners.Clients are licensed to use these images within their given market.All materials are copyrighted and protected by the 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.Clients providing Co-op images to MGN Online must ensure such images are Copyright free.Co-op images submitted to MGN for TV use are not to be used by other TV stations within the same broadcast market.Any use of images without the express written consent of MGN, their affiliated partners or the copyright holders is a violation of US copyright law. MGN is committed to its Affiliates and agrees to indemnify and hold them harmless for any infringing material contained on this Website which results in a damage claim or damages to an Affiliate.

PRIVACY POLICY

At MGN, we understand and respect your concern about the privacy of any information you supply while at our Site. This statement sets forth our Privacy Policy and describes the practice we follow with respect to all visitors to and users of this Site, which is owned and operated by MGN. This privacy statement covers the Site www.mgnonline.com (“Site”) as well as our marketing campaigns. If you have any questions regarding this privacy policy do not hesitate to contact us. Email your questions to info@mgnonline.com.

Personal Information

MGN collects certain personal data directly or indirectly from users, from Third Parties, or through other means. We also collect information in the course of conducting our business operations or in furtherance of our legitimate business interests. To create user accounts, authorized users must provide certain contact and account information such as name, email address, billing address, and phone number in order to access, license and download images. MGN uses this information for legitimate business purposes including: to process your invoices; to maintain or update your MGN account; to send you updates about special offers, services, promotions, and noteworthy or breaking news and events; to fulfill a service to you; to contact you; to comply with the law or to comply with legal process served on us; to contact you about material changes to this Privacy Policy or Site Usage Agreement, if necessary; to disclose to third parties as part of any corporate reorganization process, including, but not limited to mergers, acquisitions, and sales of all or substantially all of our assets, or in the event of bankruptcy. Except as specifically set forth in this Privacy Policy, MGN does not sell, share or rent information about its customers or users to third parties for their marketing or promotional purposes. MGN will retain your personally identifiable information for as long as commercially reasonable to carry out our business purpose, or as long as legally required. MGN does not intentionally collect Sensitive data.

Automatically Collected Information

As is true of most websites, when you access and use the Site, we gather certain information automatically. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole. If you are logged into your user account, we are able to link this automatically collected data to such account.

Security

MGN has a number of operational functions in place to protect the confidentiality of personal information. Perfect security on the Internet does not exist, and MGN does not warrant that the Site is impenetrable or invulnerable to hackers.

Links

Please be aware that the Site may contain links to other sites that are covered by their own privacy policies. MGN is not responsible for the privacy practices of such other sites and we encourage our users to be aware when they leave our site. We recommend that our users read the privacy statements of each and every website that collects personally identifiable information.

Email

MGN may send emails to users and potential users about our services, special offers, promotions, and noteworthy or breaking news and events. To do so, we may engage a third-party Processor to process your Personal Data. This Processor will be subject to binding contractual obligations to only process the Personal Data in accordance with our prior written instructions; and use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law. You will have the ability to opt-out of receiving these types of emails if you so choose.

MGNdirect Sponsorship Digital Marketing Services

MGN does not rent or sell email lists to third parties for their promotional purposes. However, MGNdirect does provide Sponsorship Services under contract that include Ad Campaigns for our Sponsors that wish to reach MGN News Industry Contacts. In addition to MGNOnline Site Ads, MGN will initiate email marketing to our Affiliates and other News Industry Contacts to introduce our Sponsors in a variety of ways. Your Personal Data is automatically shared with these MGNdirect Sponsors ONLY when you open one of these emails and click or interact with links or content contained within these emails. You will have the ability to opt-out of receiving these types of emails if you so choose. MGN does not market to the European Union and so the GDPR does not apply to us.

Changes of MGN's Privacy Policy

MGN reserves the right to change our online Privacy Policy and modify this privacy statement at any time, so please review it frequently. If we decide to make any material changes to our privacy statement, we will notify you via email or by posting a prominent notice on our Site including the home page and other places we deem appropriate, at least thirty (30) days prior to implementing the change so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. You will have a choice as to whether or not we use your information in this different manner.

Legal Disclaimer

We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or to comply with a legal process served on our Site. If you have any questions about MGN’s Privacy Policy or concerns about personal information you have supplied to MGN, please contact MGN Customer Service at info@mgnonline.com or call 1.800.483.0961. You may also write to us at the address listed below:

Multimedia Graphic Network, Inc. Attn: Customer Service, 2533 S. Coast Highway 101, Suite 260, Cardiff, CA 92007