CBS Interactive Terms of Use

DATED 2021-02-18 · VERSION 20230101_rev01 · COMPARED WITH 20221001_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20221001_rev01 to 20230101_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 **EFFECTIVE DATE:** FEBRUARY 18, 2021
 Welcome to the network of interactive services provided by CBS Interactive Inc., its affiliates or its subsidiaries (collectively "CBS Interactive," "us," or "we"). These Terms of Use ("Terms") govern your use of our websites, applications, and other products and services that include an authorized link to these Terms (collectively, the "Services").
 Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
+Please consult our [Privacy Policy](http://www.viacomcbsprivacy.com/policy) for Information regarding our privacy practices.
+Please consult our [Privacy Policy](http://privacy.paramount.com/policy) for Information regarding our privacy practices.
+Certain Services are provided to you free of charge, while other Services, including Paramount+ and SportsLine, require payment before you can access them. If you choose to subscribe to a paid Service, please also review such Service's Terms of Use. For example, if you subscribe to Paramount+, please review the [Paramount+ Subscription Terms](http://www.pplus.legal/subscription), in addition to all of the other provisions of these Terms.
+Certain Services are provided to you free of charge, while other Services, including Paramount+ and SportsLine, require payment before you can access them. If you choose to subscribe to a paid Service, please also review such Service's Terms of Use. For example, if you subscribe to Paramount+, please review the [Paramount+ Subscription Terms](http://www.pplus.legal/subscription), in addition to all of the other provisions of these Terms. Note that these Terms shall not apply to the use of Paramount+ by subscribers who signed up for Paramount+ in the EU and Switzerland.
 ## 1\. Changes
 These Terms are effective as of the Effective Date above. If you have not reviewed the Terms of Use applicable to a Service since the Effective Date, please review these updated Terms carefully before using any Service.
 We may change these Terms in the future, so we encourage you to review periodically the Terms of Use applicable to each Service you use. The most current version of the applicable Terms of Use (along with its effective date) will be linked from each of the Services. If you do not agree with any changes to these Terms, your sole remedy is not to use the Services. If you continue to use the Services after we change these Terms, you accept all changes.
 ## 2\. Disputes; Arbitration
+If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms (a "Claim"), and the Claim is not resolved by calling our Customer Service department at [(888) 274-5343](<tel:\(888\) 274-5343>), you and we each agree to attempt to resolve such Claim first through informal negotiation. If we do not resolve the Claim through informal negotiation, the Claim shall be resolved through binding arbitration or an individual action in small claims court in the U.S. county (or parish) of your residence or in San Francisco, California. If neither of us chooses to resolve the Claim in small claims court, or the small claims court determines that it lacks jurisdiction to resolve the Claim, the Claim must be resolved solely and exclusively by binding arbitration. Class arbitrations and class actions are not permitted under any circumstances. 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 or class arbitration. This Section 2 shall survive termination of these Terms or any subscription that you may have to any of the Services.
+If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms (a "Claim"), and the Claim is not resolved by calling our Customer Service department at [(888) 274-5343](tel:\(888\)%20274-5343), you and we each agree to attempt to resolve such Claim first through informal negotiation. If we do not resolve the Claim through informal negotiation, the Claim shall be resolved through binding arbitration or an individual action in small claims court in the U.S. county (or parish) of your residence or in San Francisco, California. If neither of us chooses to resolve the Claim in small claims court, or the small claims court determines that it lacks jurisdiction to resolve the Claim, the Claim must be resolved solely and exclusively by binding arbitration. Class arbitrations and class actions are not permitted under any circumstances. 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 or class arbitration. This Section 2 shall survive termination of these Terms or any subscription that you may have to any of the Services.
 Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to CBS Interactive a written notice of your Claim or we must send a written notice of our Claim to you ("Notice"). Your Notice must (1) be sent by certified mail; (2) be addressed to: CBS Interactive, Attn: Legal Department, 235 Second Street, San Francisco, CA 94105; (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 you receive a Notice of Receipt of the Claim, 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 JAMS Mediation, Arbitration and ADR Services ("JAMS") in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards (the "JAMS Rules"). Contact information for JAMS, as well as copies of the JAMS Rules and applicable forms, are available at http://www.jamsadr.com. In circumstances in which the JAMS Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in San Francisco, California. Payment of the parties' costs and fees owed to JAMS will be determined by the JAMS Rules and fee schedule, and will be subject to any limitations on the costs and fees owed by you under the JAMS Consumer Arbitration Minimum Standards. You and we agree that, under JAMS Comprehensive Rule 6(e), any arbitration commenced by you or by us shall be consolidated with any other arbitration(s) submitted to JAMS if and only if the arbitrations: (a) involve the same legal claims or causes of action; (b) involve common issues of fact and law; (c) were filed by the same attorney(s) or law firm; and (d) are at a similar procedural stage. However, class or representative arbitrations are not permitted under any circumstances.
 ## 3\. Additional Terms
 Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
 ## 4\. Registration and Access Controls
 If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
+You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should [contact us](https://www.viacomcbs.com/contact-us) immediately. We are not responsible for any loss or damage resulting from unauthorized use.
+You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should [contact us](https://www.paramount.com/contact-us) immediately. We are not responsible for any loss or damage resulting from unauthorized use.
 ## 5\. Intellectual Property; License
 The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services ("Content") are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and CBS Interactive, CBS Interactive will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.
 You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 5(a) or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as provided in Section 5(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
 We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, social media posts, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
 Some Services may include "Mash-Up Tools" that allow you to manipulate Content or combine User Submissions (as defined in Section 6) with Content to create "Mash-Ups." The following terms apply to your use of Mash-Up Tools, except as specifically provided in other terms accompanying the Mash-Up Tools:
 - You may only use designated Content with the Mash-Up Tools, and we may revoke permission to use the designated Content at any time.
 - You may manipulate or combine the designated Content using the Mash-Up Tools only as authorized and only for personal, non-commercial purposes.
 - As between you and us, we own all compilation rights in the Mash-Ups and may make perpetual and unrestricted use of the Mash-Ups, and you will only retain whatever prior rights you had in your User Submissions.
 - With our permission, other users of the Services may make subsequent Mash-Ups using your Mash-Ups.
 - You must include any required or existing trademark, copyright or other legal notices in the Mash-Ups and you must comply with any other usage or attribution guidelines we provide.
 - If we expressly allow you to do so, you may distribute Mash-Ups under the Viral Distribution guidelines above in Section 4(a) of these Terms.
 ### b. Commercial Licenses
+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](https://www.viacomcbs.com/contact-us).
+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](https://www.paramount.com/contact-us).
+### c. Dated Materials
+Content offered through the Services or in links from the Services is dated as of the date originally issued or indicated on the Content and may no longer be accurate. We assume no obligation to update such Content.
+## 6\. Legal Complaints
+We respect intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow [our procedures for making a copyright infringement claim.](https://legal.paramount.com/us/en/cbsi/copyright-complaints/) If you have a legal complaint other than a copyright claim, please follow our procedure for making [other legal complaints.](https://legal.paramount.com/us/en/cbsi/other-legal-complaints/)
 ## 7\. 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:
 ## 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:
 - Access the Services using any interface other than ours.
 - Maintain any link to the Services that we ask you to remove, in our sole discretion.
 - Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the CBS Interactive or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities).
 - Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability.
 - Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable.
 - Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices.
 - Transmit files that contain viruses, spyware, adware, or other harmful code.
 - Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email).
 - Interfere with others using the Services or otherwise disrupt the Services.
 - Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services.
 - Transmit, collect, or access personally identifiable information about other users without the consent of those users and CBS Interactive.
 - Engage in unauthorized spidering, "scraping," data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services.
 - Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit.
 - Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content.
 - Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user's account or information, or allow anyone else to use your account or access credentials.
 - If you violate this Section 11, we may terminate your access to the Services without notice, and take any other actions or seek any remedies permitted by law.
 ## 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:
 - Change or discontinue the Services.
 - Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge).
 - Remove Content from the Services.
 - Restrict, suspend or terminate your access to one or more Services or features thereof.
 - Deactivate your accounts and delete all related information and files in your accounts.
 We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If we terminate your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to Paramount+ or another paid Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If we terminate your access to Paramount+ or another paid Service because you breached these Terms, you will not be entitled to any refund.
 ## 13\. Unsolicited Submissions.