IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.CBSPRESSEXPRESS.COM (THE “WEB SITE”), AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS & CONDITIONS (“TERMS”) GOVERN YOUR USE OF THE WEB SITE. You agree to these Terms by accessing this Web Site, registering for the Web Site, or by accepting or downloading any information or content from the Web Site. If you DO NOT AGREE to be bound by all of these Terms, do not use the Web Site.
The Web Site is owned and operated by CBS Corporation (“Company”). The Web Site is for use only by employees of Company or its parent, sister or related companies or subsidiaries, and members of the press and other individuals who are pre-approved by Company through Company’s authorization process (each individual, an “Authorized User”). The Web Site is not intended for viewing or access by anyone other than Authorized Users. You may access and use this Web Site only if you are an Authorized User.
As used in these Terms, “Affiliates” mean Company’s and its parent company’s related companies, sister companies, subsidiaries, licensors, agents and assigns.
I. OWNERSHIP OF MATERIALS
This Web Site and all of the content it contains, or may in the future contain, including, without limitation, articles, other text, directories, guides, photographs, illustrations, images, video and audio clips, advertising copy, electronic press kits, as well as the trademarks, logos, domain names, trade names, service marks, trade identities and any and all copyrightable material (including source and object code) and any other form of intellectual property (collectively, "Materials") are owned by or licensed to Company or other authorized third parties and are rights protectable as intellectual property or otherwise. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. You may not use the Material except as expressly set forth in these Terms. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.
As part of the Web Site’s function, Company will make available to Authorized Users certain Material for viewing, and depending on the level of access granted, downloading and distributing, in accordance with the license set forth in this Section II. Company grants Authorized Users a limited, personal, non-transferable, non-assignable, non-exclusive, revocable license to access, and depending on the level of access granted, to view and download the Materials for use in connection with news and editorial reporting about Company or one of its properties. The license to a particular element of the Materials that is downloaded by Authorized Users will automatically terminate once the program, series or talent associated with that element has left the CBS Television Network regular schedule. You agree that: (i) you will not sublicense, assign or otherwise transfer the license set forth in this Section II; and (ii) that you will not: (1) modify or copy the Materials or use the Materials for any commercial purpose unrelated to news or editorial reporting about Company or one of its properties; (2) attempt to decompile, reverse engineer or disassemble any software contained on the Web Site or in the Materials; (3) remove any copyright, trademark or other proprietary notations from the Materials; (4) transfer the Materials to a person or entity for purposes unrelated to your news or editorial reporting about Company or one of its properties; (5) use the Materials in connection with third party brands or third party intellectual property unless the use is pre-approved in writing by Company; (6) “mirror” the Materials on any other server; (7) sell or lease any Materials; or (8) archive the Materials on an individual basis or for the purpose of using or providing access to the Materials in violation of these Terms. In addition, you agree that you will be responsible and liable to Company and its Affiliates for the actions of any third party to whom you provide access to the Materials. Your misuse of the Materials is strictly prohibited. The rights granted in these Term will automatically terminate if you violate any of these restrictions, and may be terminated by Company at any time, in its sole discretion.
You understand and agree that certain areas of the Web Site and certain of the Web Site’s functionality may not be accessible by you due to your level of authorization and you agree that you will not circumvent or attempt to circumvent the access restrictions utilized by Company. It is in Company’s sole discretion to select your level of access.
III. PASSWORD AND ACCESS RIGHTS
As an Authorized User, you understand and agree that you are responsible for all activities that occur under your account, and agree that you will not sell, transfer or assign your access rights. You also understand that Company and its authorized agents will be entitled to monitor your account. You understand that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer so that others may not access the Web Site using your user name or password in whole or in part. You will notify Company immediately if you believe your password has been compromised or the security of your account is threatened in any way.
When you submit your information to become an Authorized User you represent and warrant to Company that: (a) you are using your actual identity and the information you provide to Company is true, complete, correct and current, and that you will maintain and update that information as circumstances require; (b) you have the capacity to enter into these Terms (i.e., you are of sufficient legal age and mental capacity); and (c) you are otherwise entitled to be legally bound in contract. Company reserves the right to terminate or suspend your access, or deny or refuse access to the Web Site to any person at any time. If you cease to be an Authorized User for any reason, or upon Company’s demand at any time, you must destroy any Materials in your possession, whether in electronic or printed format, unless instructed otherwise by Company in writing.
IV. RESTRICTIONS ON USE
In connection with your use of the Web Site and Materials, you agree not to: (a) transmit or otherwise make available any personal advertising, personal promotional materials, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services; (b) violate any applicable local, state, federal or international law, rule or regulation; (c) transmit any code, file or program designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware, telecommunications equipment or other technology used in connection with the Web Site (including, without limitation, any virus, worm, trap door, back door, Trojan horse or other technology that would allow unauthorized access to the Web Site or any Authorized User’s software, hardware, computing environment or network); or (d) use the Web Site or Materials for any purpose other than for the uses expressly permitted in these Term.
You understand and agree that Company may add, revise, discontinue, delete or suspend any content on the Web Site at any time, without notice and without liability.
V. INFORMATION SUBMITTED BY YOU
VI. DISCLAIMERS/LIMITATIONS ON LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THIS WEB SITE AND ALL MATERIAL CONTAINED WITHIN IT ARE DISTRIBUTED "AS IS," "AS AVAILABLE" AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT Company MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE.
The Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment. NEITHER Company NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY AUTHORIZED USER’S COMPUTER FROM ANY SECURITY BREACH, OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Company limits its liability in connection with your use of the Web Site as set forth below:
Except in jurisdictions in which liability for injury or death due to negligence or any other liability which cannot be excluded or limited by law (for which no limit applies): YOU AGREE THAT Company AND ITS AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS, DAMAGES OR LOSS OF GOODWILL OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY Company OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION OR THE MATERIAL, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS; AND NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL Company OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION RELATED TO THE WEB SITE WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
By agreeing to these Terms, you agree to indemnify, defend and hold harmless Company and the Affiliates from and against any claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable attorneys’ fees, arising out of or relating to: your breach of your representations; your violation of these Terms; or a claim that is based on your use of the Web Site, your dissemination of any Materials, or any content transmitted by you, including, without limitation, Information (defined below). You will cooperate as fully and as reasonably required in Company’s defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any matter without the written consent of Company.
This Web Site is operated in the United States. These Terms are specifically not governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. These Terms will be interpreted, construed, governed and enforced solely by and in accordance with the Laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within New York. You agree that any suit you bring regarding the Web Site or these Terms will be brought in the state or federal courts located in New York County, New York, and you agree to submit to the personal jurisdiction of those courts. Any cause of action brought by you with respect to the Terms or your use of this Web Site must be filed within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred.
IX. COMPLIANCE WITH LAWS
You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, all applicable laws, rules and regulations governing your transmission or use of any software or data. If any provision of these Terms is unenforceable in whole or in part, the remaining Terms will not be affected.
X. VIOLATION AND ADDITIONAL POLICIES
Company will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right to modify or discontinue this Web Site or any portion thereof without notice to you or any third party. You are advised that Company will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution or injunctive relief against you. No waiver by Company of any breach of any term or provision of these Terms will be construed as a waiver of any preceding or succeeding breach of the same or of any other term or provision.
Company reserves the right in its sole discretion to modify, alter or otherwise revise these Terms.