This site (the "Site") is owned and operated by CBS Corporation ("CBS")
for your personal entertainment, information, education and
communication. Please feel free to browse the Site; however, your
access and use of the Site is subject to the following terms of service
("Terms of Service") and all applicable laws. By accessing and browsing
the Site, you accept, without limitation or qualification, the Terms of
Service.
Restrictions on use of Materials
The
Site contains material which is derived in whole or in part from
material supplied by CBS and other sources, and is protected by
international copyright and trademark laws. No material (including but
not limited to the text, images, audio and/or video) and no software
(including but not limited to any images or files incorporated in or
generated by the software or data accompanying such software)
(individually and collectively the "Materials") may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way or decompiled, reverse engineered or disassembled, except
that you may download one copy of the Materials on any single computer
for your personal, non-commercial home use only, provided you keep
intact all copyright and other proprietary notices. Modification of the
Materials or use of the Materials for any other purpose is a violation
of CBS's or such other sources' copyright, trademark and other
proprietary rights. The use of any such Materials on any other Web site
or networked computer environment is prohibited without CBS's express
written consent.
Submissions/Communications
CBS
has a long-standing company policy that does not allow CBS to accept or
consider creative ideas, suggestions or materials other than those CBS
has specifically requested. It is the intent of this policy to avoid
the possibility of future misunderstandings when projects developed by
CBS's staff might seem to others to be similar to their own creative
ideas, suggestions or materials.
If you do send us any
creative materials, including creative suggestions, ideas, notes,
drawings,concepts or other information or if you transmit to the Site
by electronic mail or otherwise, communications including any data,
questions, comments, suggestions, or the like (collectively, the
"Information"), the Information shall be deemed, and shall remain, the
property of CBS. None of the Information shall be subject to any
obligation of confidence on the part of CBS and CBS shall not be liable
for any use or disclosure of any Information. CBS shall exclusively own
any now known or hereafter existing rights to the Information of every
kind and nature throughout the universe and shall be entitled to
unrestricted use of the Information for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Information.
Bulletin Boards
The Site
may include bulletin boards and chat rooms ("Bulletin Boards") which
allow feedback to CBS and real-time interaction between users. CBS does
not control the messages, information or files delivered to Bulletin
Boards, unless otherwise noted therein, and CBS has no obligation to
monitor such Bulletin Boards. However, CBS reserves the right at all
times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, that in CBS's
sole discretion are objectionable or in violation of these Terms of
Service.
Limitation of Liability/Disclaimer
Your
use and browsing of the Site is at your risk. If you are dissatisfied
with any of the Materials contained in the Site, or with any of these
Terms and Conditions, your sole and exclusive remedy is to discontinue
accessing and using the Site. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, NEITHER CBS NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF
YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that CBS is not liable for any defamatory, offensive or illegal conduct of any user.
CBS
also assumes no responsibility, and shall not be liable for any damages
to, or viruses that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in the Site
(including any Bulletin Board) or your downloading of any Materials
from the Site.
CBS does not warrant or make any
representations of any kind or nature with respect to the Materials.
Therefore, you are responsible for compliance with local laws, if and
to the extent local laws are applicable.
Third Party Sites
CBS
may provide links and pointers to internet sites maintained by others
("third party sites"). CBS has not reviewed all of the third party
sites linked to the Site and is not responsible for the contents of or
any products or services offered in such third-party sites.
Termination
This Agreement is effective until terminated by either party.
You
may terminate this Agreement at any time by destroying all Materials
obtained from the Site and all related documentation and all copies and
installations thereof, whether made under the terms of this Agreement
or otherwise.
This Agreement will terminate immediately
without notice from CBS in CBS's sole discretion for any reason
whatsoever. CBS reserves the right to modify or discontinue this site,
or any portion thereof (including Bulletin Boards) without notice to
you or any third party.
Upon termination, you must destroy all
Materials obtained from this Site and all copies thereof, whether made
under the terms of this Agreement or otherwise.
In the event
of termination, you are no longer authorized to access the Bulletin
Boards and the restrictions imposed on you with respect to Materials
downloaded from the Bulletin Boards and the disclaimers and limitations
of liabilities set forth in this Agreement shall survive.
Notice and Procedure for Making Claims of Copyright Infringement
If
you believe that material posted on the Site infringes your copyrights,
you should follow the following procedures, which are set forth in the
Digital Millennium Copyright Act (DCMA).
Notice of the claimed infringement must be submitted to the Site's Designated Agent.
By mail:
Attn: Wayne Hutchinson, Copyright Agent
CBS Interactive Inc.
51 West 52nd Street
New York, NY 10019
(p) 212-975-4321
(f) 212-975-0117
By email:
designatedagent@cbs.com
To be effective, the notification must be in writing and include the following:
•
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
•
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site.
• Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the
material.
• Information reasonably sufficient to permit
the service provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail
address at which the complaining party may be contacted.
• A
statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
• A statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.
User Submissions
If you choose to upload, submit, or otherwise directly provide information, software, messages, photographs, audio, video, text, or other materials (collectively, "User Submissions") to the Services, you must comply with these TOU and with any rules or guidelines posted on the Services that allow such upload or submission, including, without limitation, any rules or guidelines posted on Restricted Areas. Our
Privacy Policy will govern the use by CBS of any information that you provide to us whether such information is collected automatically, such as your IP address, or you choose to upload, submit, or otherwise directly provide such information to us.
If CBS becomes aware of any User Submission that violates these TOU (including, without limitation, Section 13, Acceptable Use) or other posted rules or guidelines on the Services or that it believes to be otherwise objectionable, CBS may, but is not required to, act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in these TOU.
Certain portions of the Services may have specific terms regarding User Submissions. If a portion of the Services provides such terms, those terms will be applicable for all User Submissions provided to that portion of the Services. If no such terms are provided, the User Submissions terms in these TOU will apply by default. When you provide User Submissions, you grant to CBS, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, make available for download, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use any of your User Submissions or portions thereof, and your name, voice, likeness and other identifying information where part of a User Submission, 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 using such User Submissions. You hereby waive and agree not to enforce any moral rights you may have in and to any of your User Submissions, even if such material is altered or changed in a manner not agreeable to you.
If you owned a User Submission before providing it to CBS, you will continue owning it after providing it to CBS. If you delete a User Submission from the Services, that User Submission will no longer be publicly available on the Services, and CBS's license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, you understand that the User Submission may still persist in CBS's backup copies of the Services after deletion in a manner similar to what happens when you delete a file from your own computer, but any such User Submissions in CBS's backup copies will not be publicly available. In addition, if your User Submission is shared with third parties, you accept all risk that those third parties may continue to have copies of your User Submissions and may continue to share your User Submissions.
You agree that users, and not CBS or its parent, subsidiaries, affiliates, employees, or agents, are entirely responsible for User Submissions and that CBS may not be held liable for User Submissions or any loss or damage incurred by you or any other party as a result of any User Submissions. CBS does not confirm the accuracy or completeness of User Submissions, nor does it guarantee (
except as provided in the Privacy Policy) that User Submissions will be private or protected from disclosure, even if you do not make a User Submission publicly available on the Services. Accordingly, you agree not to make User Submissions or make other information available to the Services that you want to protect from being distributed to others.
You represent and warrant that each of your User Submissions is an original work by you or that you have all necessary rights in it and to submit it to CBS under these TOU; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.
Other
This
Agreement shall be governed by and construed in accordance with the
laws of the State of New York without giving effect to any principles
of conflicts of law. If any provision of this Agreement shall be
unlawful, void, or for any reason unenforceable then that provision
shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions. This Site is
controlled and operated by CBS from its offices within the State of New
York, United States of America.
Software from this Site is
further subject to United States export controls and may not be
downloaded by any person or entity prohibited by any U.S. law, rule,
regulation or order or otherwise exported or reexported into any
country to which the U.S. has embargoed goods.
CBS may at any
time revise these Terms and Conditions by updating this posting. You
are bound by any such revisions and should therefore periodically visit
this page to review the then current Terms and Conditions to which you
are bound.
As between you and CBS, CBS exclusively owns all
rights, titles and interests in and to any of the Materials (and any
and all elements thereof) and any and all copies thereof throughout the
universe in any and all media now known or hereafter developed. You
will not do anything that might impair CBS's rights, titles or
interests in and to such Materials (and any and all elements thereof
nor will you assert any right, title or interest in or to such
Materials (including any copy or element thereof).
