EFFECTIVE DATE DECEMBER 13, 2017
These Terms are effective as of the Effective Date above.
- Additional Terms
These Terms apply as between you and us with respect to your use of All Access. Because you are subscribing to All Access through Amazon, additional Amazon terms apply as between you and Amazon, including terms related to subscriptions, billing and payment for All Access.
- Intellectual Property; License
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with All Access (“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 All Access 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 All Access and the 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 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 All Access or the Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of All Access or the Content; license or sublicense any part of All Access or the Content; or in any way exploit any part of All Access or the Content. In addition, except as expressly authorized by us in writing, you are strictly prohibited from modifying the 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.
You must obtain our written permission for commercial use of the Content or All Access. If you wish to license Content from All Access, please contact us.
- Legal Complaints
CBS Interactive respects intellectual property rights. If you believe that the Content on All Access infringes your copyright, please follow Amazon’s procedures for making a copyright infringement claim https://www.amazon.com/report/infringement.
- Third-Party Content
- 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 All Access using any interface other than the one provided by Amazon or CBS.com;
- Maintain any link to All Access that we ask you to remove, in our sole discretion;
- Frame All Access or the Content, make All Access or the Content available via in-line links, otherwise display All Access or the Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between 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);
- Engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- 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;
- Remove, modify, disable, block or otherwise impair any advertising in connection with All Access;
- Interfere with others using All Access or otherwise disrupt All Access;
- Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide All Access;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users;
- Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about All Access;
- Remove, avoid, interfere with, or otherwise circumvent any access control measures for All Access or the Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with the Content; or
- Access any portion of All Access that you are not authorized 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 6, your access to All Access may be terminated without notice, and CBS Interactive may take any other actions or seek any remedies permitted by law.
- Access to All Access
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
- Change or discontinue All Access;
- Change how we offer and operate All Access;
- Remove Content from All Access; and
- Ask Amazon to restrict, suspend or terminate your subscription to All Access if you have violated these Terms.
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 your subscription to All Access terminates, you must immediately stop using All Access.
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 All Access. 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 8 without CBS Interactive’s prior written approval.
- Disclaimers; Limitation of Liability
THE CBS INTERACTIVE PARTIES DO NOT WARRANT: (1) THAT All ACCESS, ANY OF ITS FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT ALL ACCESS OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT ALL ACCESS OR INFORMATION AVAILABLE THROUGH ALL ACCESS 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. ALL ACCESS, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM ALL ACCESS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF ALL ACCESS (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ALL ACCESS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING ALL ACCESS AND CANCELING YOUR SUBSCRIPTION THROUGH AMAZON.
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 PARTIES (INCLUDING AMAZON), 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 ALL ACCESS (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF ALL ACCESS (INCLUDING ITS FUNCTIONS AND CONTENT), OR THESE TERMS, 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 $29.97.
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 ALL ACCESS OR DISSEMINATION OF ANY CONTENT OWNED OR CONTROLLED BY THE CBS INTERACTIVE PARTIES.
- Governing Law, Venue, and Jurisdiction
These Terms and all claims as between you and us arising from or related to your use of All Access 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 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 All Access or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
- Disputes; Arbitration
You generally should direct to Amazon any customer service inquiries relating to your subscription to All Access. However, if you have any dispute with or claim against us or any of our affiliates (a “Claim”) arising out of or relating to All Access or these Terms, you may contact our customer service department at (888)274-5343. If a Claim is not resolved by calling our customer service department, you and we each agree to resolve such disputes through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in San Francisco, California. 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 11 shall survive termination of these Terms or your subscription to All Access.
Before you or we 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 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, 235 Second Street, San Francisco, CA 94105 Attn: 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 Consumer Arbitration Rules, 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 All Access or delivering them to you via email through Amazon. If you do not provide Amazon 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 constitute the entire agreement between you and us and supersede all prior agreements with respect to your access and use of All Access. 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.
You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of All Access.
If you do not agree to these Terms, you should immediately stop using All Access and cancel your subscription through Amazon. Sections 4-12 of these Terms will survive any termination of your access to All Access, whether we or Amazon terminate your access or you voluntarily discontinue your use.