EFFECTIVE DATE: APRIL 23, 2018
Please review these Terms carefully before using the Service because they affect your rights. By using the Service, you accept these Terms and agree to be legally bound by them.
Sweepstakes, contests, and promotions on the Service may have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
- Registration and Access Controls
To set up a user account, you must provide us with accurate and complete information, and must update the information when it changes.
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 immediately. We are not responsible for any loss or damage resulting from unauthorized use.
- Intellectual Property; Limited Use License
The Service is 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 Service. As between you and CBS Interactive, CBS Interactive will retain all right, title, and interest in and to the Service. No transfer of ownership to any portion of the Service shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Service.
Subject to your compliance with these Terms, CBS Interactive hereby grants, and you hereby accept, a limited, non-exclusive license to access and view the Service for personal, non-commercial purposes in accordance with these Terms. You may not build a business or other enterprise utilizing any part of the Service, 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 the Service; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Service; license or sublicense any part of the Service; or in any way exploit any part of the Service. In addition, except as expressly authorized by us in writing, you are strictly prohibited from modifying the Service; creating, distributing or advertising an index of any significant portion of the Service; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Service.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Service without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality.
- Legal Complaints
CBS Interactive respects intellectual property rights. If you believe that content on the Service 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.
- Third-Party Content
- Account Information. You can access and edit specific details regarding your subscription, including information concerning your credit card or other available payment method (“Payment Method”), 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 account.
- Age Limitations. Individuals under the age of majority in their jurisdiction of residence may utilize the Service only with the involvement of a parent or legal guardian. You acknowledge that by using the Service, you may be exposed to content that you find objectionable, and it is your sole responsibility to determine whether the content is suitable for you. Some content may not be suitable for people under the age of majority.
- Supported Devices. To see if the Service is available for your device click here.
- Payment. By providing Payment Method information for your CBS All Access Canada subscription, you are agreeing to pay a monthly subscription fee and any applicable taxes and service fees (“Fees”) in connection with your use of CBS All Access Canada. The Fees will be charged to your Payment Method automatically at the beginning of your subscription (or, as described in Section 7.9, at the end of your Promotional Offer, 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 CBS All Access Canada 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 monthly subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from one billing period to the next due to changes in your subscription plan or applicable taxes, and you authorize CBS Interactive to charge your Payment Method for these amounts. CBS reserves the right to change the pricing of CBS All Access Canada at any time. In the event of a price change, CBS Interactive will post the new pricing in CBS All Access Canada 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 CBS All Access Canada subscription as described in Section 7.6. Residents of Quebec may have other rights. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies, to the fullest extent permitted by law, 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.
- No Refunds. ALL FEES ARE NON-REFUNDABLE. As described further in Section 7.6, even if you cancel CBS All Access Canada during a monthly subscription period, you will not receive a refund for any portion of the Fees for the remainder of that subscription period; you will have continued access to the Service until the end of your subscription period (as described below). 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. Residents of Quebec may have other rights.
- 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 CBS All Access Canada, 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 7.1; and (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your monthly subscription renewal.
- 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 not 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.
- Promotional Offers. CBS Interactive may provide a limited introductory offer for new subscribers or other promotional offers (“Promotional Offer”) to new subscribers and/or certain former subscribers at its sole discretion, but is under no obligation to do so, and Promotional Offers may not be available at all times. CBS Interactive reserves the right, in its absolute discretion, to determine your eligibility for an Promotional Offer. CBS Interactive will only provide you with an Promotional Offer after you first subscribe to CBS All Access Canada, agree to these terms, and provide valid Payment Method information to CBS Interactive.The specific terms of the Promotional Offer will be stated in the marketing material describing the particular Promotional Offer. In addition to these Terms, the specific terms of the Promotional Offer will be stated in the marketing material describing the particular Promotional Offer. CBS Interactive will not charge you for the period covered by the Promotional Offer and will inform you of the date on which you will start being charged for CBS All Access Canada. You may review this information on your account page. We may place a temporary charge in a nominal amount on your Payment Method to ensure the validity of the Payment Method, but the temporary charge will be removed promptly. Once the Promotional Offer period has expired, your regular subscription period will commence and your payment will be made in accordance with Section 7.4 above. You may cancel your subscription at any time during the Promotional Offer period, with no charge or obligation. If you cancel CBS All Access Canada by the last “day” of your Promotional Offer, you will not be billed for your subscription. A “day” for purposes of these Terms begins at the time you complete the sign up process for your subscription 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 Promotional Offer is 2 days, your Promotional Offer will expire at 3:00 p.m. on Wednesday in your time zone. You may only have one Promotional Offer before you must begin paying for CBS All Access Canada. If you exceed this limit, CBS Interactive may charge your Payment Method for any Promotional Offer after the first, or suspend your use of CBS All Access Canada, in its sole discretion.
- Maximum Streams. You may only use a maximum of two simultaneous streams (measured across all Content available on CBS All Access Canada) at any time regardless of the number of devices that CBS Interactive permits you to use with CBS All Access Canada. CBS Interactive may change the maximum number of simultaneous streams of CBS All Access Canada that you may use at any time in its sole discretion.
- Territory Restrictions. CBS All Access Canada is only available to Canadian-based users. You may only use CBS All Access Canada and its content in Canada 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 (subject to Section 1). Please check the CBS All Access Canada FAQ for more information about current limitations. In the case of geographic limitations, your location may not be identified accurately by the technology used for CBS All Access Canada, 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 CBS All Access Canada. CBS Interactive will not be liable to you for any blackouts, location-based limitations, device-based limitations, content-viewing windows, availability of content, or other restrictions or limitations in connection with CBS All Access Canada or the content.
- 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.
- Updates and Testing. CBS Interactive reserves the right to update and change CBS All Access Canada, including its features and the selection of content available in CBS All Access Canada, at any time. In addition, CBS Interactive reserves the right to test various aspects of CBS All Access Canada. CBS Interactive reserves the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice.
- CBS All Access Canada-Specific Emails. As part of CBS All Access Canada, CBS Interactive may send you emails regarding your subscription, your account, the content available to you, or terms and conditions applicable to CBS All Access Canada 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 CBS All Access Canada, you agree that you will receive these emails even if you have opted out of receiving other promotional emails from CBS Interactive. If you do not want to receive these types of emails, you may cancel CBS All Access Canada at any time as provided in Section 7.6.
- Subscriptions Obtained Through Third Parties. If you obtain a CBS All Access Canada subscription through a third party distributor that maintains your subscriber account and collects your payments for CBS All Access Canada, for example through the Apple App Store, that subscription is subject to the distributor’s terms, and the provisions of this Section 7 concerning subscriptions, billing and payment do not apply to that subscription. When you access CBS All Access Canada through a portal provided by such a third-party distributor, and the distributor transmits CBS All Access Canada content to you, the provisions of this Section 7 concerning access to and delivery of CBS All Access Canada do not necessarily apply, and in the event of a conflict, the distributor’s applicable terms govern.
- Mobile Features
In addition to the general terms applicable to the Service, the following terms apply to features designed for wireless devices (“Mobile Features”).
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.
- 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 Service using any interface other than ours;
- Maintain any link to the Service that we ask you to remove, in our sole discretion;
- Frame the Service or content, make the Service or content available via in-line links, otherwise display the Service 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, the right to one’s image, 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 emails, texts or direct messages);
- Remove, modify, disable, block or otherwise impair any advertising in connection with the Service;
- Interfere with others using the Service or otherwise disrupt the Service;
- Disassemble, decompile or otherwise reverse engineer any software or other technology included in the content or used to provide the Service;
- Transmit, collect, or access personal 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 Service;
- 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 Service or content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with content; or
- Access any portion of the Service 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 9, CBS Interactive may terminate your access to the Service without notice, and take any other actions or seek any remedies permitted by law.
- Access to Service and Accounts
To the fullest extent permitted by law, 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 Service;
- Change how we offer and operate the Service;
- Remove content from the Service;
- Restrict, suspend or terminate your access to the Service or features thereof; and
- Deactivate your accounts and delete all related information and files in your accounts.
To the fullest extent permitted by applicable law, 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 CBS Interactive terminates your access to the Service, you must immediately stop using such Service. However, if we discontinue the Service before the end of your paid subscription period, or we terminate your account before the end of your 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 Service. If CBS Interactive terminates your access to CBS All Access Canada because you breached these Terms, you will not be entitled to any refund.
- 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 Service (including, without limitation use of your account, whether or not authorized by you). 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 12 without CBS Interactive’s prior written approval.
- Disclaimers; Limitation of Liability
To the greatest extent permitted by law, the CBS Interactive parties do not warrant: (1) that the Service, any of the Service’s functions or any content will be uninterrupted or free of errors or omissions; (2) that defects will be corrected; (3) that the Service or the servers hosting them are free of viruses or other harmful code; or (4) that the Service or information available through the Service will continue to be available. The CBS Interactive parties shall have no liability for any such issues. To the greatest extent permitted by law, the CBS Interactive parties disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, title, and as to quality, availability and subject matter of content. To the fullest extent permitted under applicable law, the Service, including all content and functions made available on or accessed through or sent from the Service, are provided “as is,” “as available,” and “with all faults.”
Your access to and use of the Service (including its functions and content) is at your risk. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.
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, 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 Service (including its functions and content), your use of the Service (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). To the fullest extent permitted under applicable law, 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 Service in the three months preceding the claim. Residents of Quebec may have other rights.
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 Service or any other service, property, product, program, television show, motion picture, or other content owned or controlled by the CBS Interactive parties.
- Governing Law, Venue, and Jurisdiction
Except for residents of Quebec, these Terms and all claims as between you and us arising from or related to your use of the Service 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.
If you are a resident of Quebec, these Terms and all claims as between you and us arising from or related to your use of the Service will be governed by and construed in accordance with the laws of the province of Quebec, Canada. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec and to waive any objections based upon venue. 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.
To the extent permitted by law, you must file any claim or action related to use of the Service or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
- Disputes; Arbitration
To the fullest extent permitted by law, 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 Service or these Terms (a “Claim”), and the Claim is not resolved by calling our customer service department at (888) 942-7325, you and we each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in San Francisco, California. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This Section 15 shall survive termination of these Terms or your subscription to the Service. 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, 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 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 (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 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 US$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 US$1,000 or the amount of the award.
We may be required by provincial/territorial 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 Service or delivering them to you via email. You may update your email address by visiting the Service. 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 Service, 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 Service. If you want to delete your account, you must first cancel your subscription before you will be able to delete your account. Then, please use contact instructions posted on the Service.
Sections 4, 9-16 of these Terms will survive any termination of your access to the Service, whether we terminate your access or you voluntarily discontinue your use. Upon termination for any reason, the license granted in Section 4 will immediately terminate.