Effective Date October 16, 2014 Click to review previous version.
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
5. Legal Complaints
CBS Interactive respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints (links to other legal claims section)
6. User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to CBS Interactive and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:
You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to CBS Interactive the license above and that your User Submissions do not violate Section 11.
7. Third-Party Content
8. All Access Subscriptions and Billing
This Section 8 contains additional provisions that apply if you subscribe to All Access.
8.1 All Access Account Information. You can access and edit specific details regarding your subscription to All Access, including information concerning your credit card or other available payment method (“Payment Method”), on the CBS.com website at any time by clicking on your name, which appears at the top of each page of the site when you are logged in, and then following the link to your All Access account.
8.2 Age Limitations. Individuals under the age of 18 may utilize All Access only with the involvement of a parent or legal guardian. You acknowledge that by using All Access, you may be exposed to Content that you find objectionable, and it is your sole responsibility to determine whether the Content in All Access is suitable for you. Some Content may not be suitable for people under the age of 18.
8.3 Device Requirements. To see if All Access is available for your device click here.
8.4 Payment. By providing Payment Method information for your All Access subscription, you are agreeing to pay a monthly subscription fee and any applicable taxes and service fees (“Fees”) in connection with your use of All Access. The Fees will be charged to your Payment Method automatically at the beginning of your subscription (or, as described in Section 8.9, at the end of your Trial Period, where applicable), and at the beginning of each monthly renewal thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or All Access is suspended or terminated pursuant to these Terms. If your subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, CBS Interactive will charge your Payment Method on approximately the last day of such month. For example, if you started your subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from month to month due to changes in your subscription plan or applicable taxes, and you authorize CBS Interactive to charge your Payment Method for these amounts. CBS Interactive reserves the right to change the pricing of All Access at any time. In the event of a price change, CBS Interactive will post the new pricing in All Access and] attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your All Access subscription as described in Section 8.6. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify CBS Interactive within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
8.5 No Refunds. ALL FEES ARE NON-REFUNDABLE. As described further in Section 8.6, even if you cancel All Access during a monthly subscription period, you will not receive a refund for any portion of the Fees for the remainder of that subscription period. In rare circumstances, we may provide a credit, refund, discount, or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
8.7 Unpaid Amounts. If you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (1) you will remain liable for all such amounts, as well as any costs that CBS Interactive incurs in collecting any amounts you fail to pay in connection with All Access, including attorney and collections fees; (2) you authorize CBS Interactive to continue charging your Payment Method, as your Payment Method information may be updated as described in Section 8.1; and (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your monthly subscription renewal.
8.8 Promo Codes. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, subject to certain restrictions as determined by CBS Interactive in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
8.9. Trial Period. CBS Interactive may provide a limited free trial period (“Trial Period”) to new users and certain former subscribers at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. CBS Interactive reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period. The specific terms of the Trial Period will be stated in the marketing material describing the particular Trial Period. If CBS Interactive provides you with a Trial Period, you must provide valid Payment Method information to CBS Interactive in order to use All Access during the Trial Period. CBS Interactive will not charge you in connection with the Trial Period. If you do not cancel All Access by the last “day” of your Trial Period, you authorize CBS Interactive to begin your paying subscription and automatically charge your Payment Method for your first paying monthly subscription period at the end of your Trial Period. CBS INTERACTIVE WILL NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYING SUBSCRIPTION HAS BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE LAST “DAY” OF YOUR TRIAL PERIOD. A “day” for purposes of these Terms begins at the time you start your subscription (i.e., complete the sign up process), and ends 24 hours later. For example, if you complete your registration at 3:00 p.m. on a Monday in your time zone, and your Trial Period is 2 days, you have until 3:00 p.m. on Wednesday in your time zone to cancel your subscription before your paying subscription will begin. You may only have one Trial Period before you must begin paying for All Access. If you exceed this limit, CBS Interactive may charge your Payment Method for any Trial Period after the first, or suspend your use of All Access, in its sole discretion.
8.10 Maximum Streams. You may only use a maximum of two simultaneous streams (measured across all Content available on All Access) at any time regardless of the number of devices that CBS Interactive permits you to use with All Access. CBS Interactive may change the maximum number of simultaneous streams of All Access that you may use at any time in its sole discretion.
8.11 Broadcast and Territory Restrictions. All Access is only available to US-based users. You may only use All Access and its Content in the United States and for your own personal, non-commercial purposes. Certain features and Content may only be available to users in certain locations, during certain periods, and on certain devices, and the availability of certain features and Content may change over time. Please check the All Access FAQ (link) for more information about current limitations. In the case of geographic limitations, your location may not be identified accurately by the technology used for All Access, so you may be unable to access certain features and Content even if you are located in an area in which we intend to provide access. You consent to CBS Interactive and its third party providers determining your location for purposes of providing All Access. CBS Interactive will not be liable to you for any blackouts, location-based limitations, device-based limitations, Content-viewing windows, changes in CBS affiliate stations, availability of Content, or other restrictions or limitations in connection with All Access or the Content.
8.12 Quality of Service. The quality of the display of the streaming Content may vary from device to device, and may be affected by a variety of factors, including your location and the speed of your Internet connection. The time it takes to begin watching Content will also vary based on a number of factors, including your location, available bandwidth at the time and the configuration of your device. CBS Interactive makes no representations or warranties about the quality of your watching experience on your device.
8.13 Updates and Testing. CBS Interactive reserves the right to update and change All Access, including its features and the selection of Content available in All Access, at any time. In addition, CBS Interactive reserves the right to test various aspects of All Access. CBS Interactive reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice.
8.14 All Access-specific Emails. As part of All Access, CBS Interactive may send you emails regarding the Content or All Access from time to time. You agree that CBS Interactive may send you these types of emails to the email address that you provide. Because these emails are necessary for you to receive All Access, you agree that you will receive these emails even if you have opted out of receiving other email from CBS Interactive. If you do not want to receive these types of emails, you may cancel All Access at any time as provided in Section 8.6.
9. Other Fee-Based Services
If you accept fee-based Services other than All Access, you agree to the additional terms governing all such purchases as provided to you or posted on the Services to which they apply, including all requirements to pay applicable fees and taxes. Except as otherwise provided in such additional terms, the provisions of this Section 9 apply to such fee-based Services.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
CBS Interactive reserves the right to change the pricing of all Services at any time. In the event of a price change, CBS Interactive will post the new pricing on the relevant Service and attempt to notify you by sending an email to the address you have registered. Billing for all mobile subscription services will be governed by the Mobile Features section of these Terms (Section 10) unless the terms of the subscription say otherwise.
We may offer trial subscriptions to paid Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions will automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the trial period.
10. Mobile Features
In addition to the general terms applicable to the Services, the following terms apply to Services designed for wireless devices (“Mobile Features”), which we offer only to users who are 18 years of age or older and located in the fifty U.S. states or the District of Columbia unless otherwise noted.
Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.
You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
To cancel a Mobile Feature that involves a subscription fee, you must follow the instructions included in the terms and conditions applicable to that Mobile Feature; otherwise, you will continue to incur subscription charges. If you stop a subscription-based Mobile Feature in the middle of a billing cycle, you will not receive a refund for that billing cycle.
11. Acceptable Use
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
12. Access to Services and Accounts
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
13. Unsolicited Submissions.
CBS Interactive does not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, suggestions, ideas or concepts. It is CBS Interactive’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any CBS creative work would be purely coincidental.
You will defend, indemnify and hold harmless CBS Interactive, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “CBS Interactive Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). CBS Interactive retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 14 without CBS Interactive’s prior written approval.
15. Disclaimers; Limitation of Liability
THE CBS INTERACTIVE PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE CBS INTERACTIVE PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE CBS INTERACTIVE PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
THE CBS INTERACTIVE PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
THE CBS INTERACTIVE PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE CBS INTERACTIVE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE CBS INTERACTIVE PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO CBS INTERACTIVE FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE CBS INTERACTIVE PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CBS INTERACTIVE PARTIES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
16. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of California, except California's conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in San Francisco, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
17. Disputes; Arbitration
If you have any dispute with or claim against us or any of our affiliates (a “Claim”) arising out of or relating to the Services or these Terms, and the claim is not resolved by calling our customer service department at (888)274-5343, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 17 shall survive termination of these Terms or any subscription that you may have to any of the Services.
Before you commence an arbitration or file a small claims court action with respect to your Claim, you must first send to CBS Interactive a written notice of your claim ("Notice"). The Notice must (1) be sent by certified mail; (2) be addressed to: CBS Interactive, 235 Second Street, San Francisco, CA 94105Attn: Legal Department; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Commercial Arbitration Rules, including the Consumer-Related Disputes Supplementary Procedures, if applicable (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org In circumstances in which the Rules provide for an in-person hearing, such hearing will, at your request, take place in the U.S. county (or parish) of your residence, or otherwise in San Francisco, California. For any non-frivolous Claim that does not exceed $50,000, CBS Interactive will pay all costs of the arbitration, and reimburse any filing fees you may be required to pay. If the arbitrator awards you damages that are greater than CBS Interactive’s last written settlement offer communicated before commencement of the arbitration, CBS Interactive will pay you the greater of $1,000 or the amount of the award.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. If you are an All Access subscriber, you must first cancel your subscription before you will be able to delete your account. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.
Sections 6 and 11-18 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.
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