Last Modified: February 2, 2015
1. Eligibility; Acceptance of Terms; Binding Agreement; Modifications of this Agreement.
This Site is offered and made available only to users 18 years of age or older (the "Site Minimum Age") and is designed and targeted to audiences residing in, and is governed and operated in accordance with the laws of, the United States of America, its territories and possessions ("U.S."), but certain features on this Site may be subject to heightened age and/or other eligibility requirements. If you are not yet the Site Minimum Age or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
In this Agreement, the term "Site" includes all websites (such as third level domain names and other subdomains) and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site and that include an authorized link to this Agreement.
By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Content") on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. Viacom assumes no obligation to update the Content. Viacom reserves the right to modify or discontinue this Site, or any portion thereof, without liability or notice to you or any third party.
The words "use" or "using" in this Agreement means any time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages.
3. Equal Opportunity Employer.
Viacom is an equal opportunity employer. Viacom recruits, employs, trains, compensates and promotes regardless of race, religion, color, national origin, sex, disability, age (40 and over), veteran status and other protected status as required by applicable law.
4. Forward-Looking Statements.
The information contained in (or accessible from) this Site may include both historical and forward-looking statements. All statements that are not statements of historical fact are, or may be deemed to be, forward-looking statements. Forward-looking statements reflect Viacom's current expectations concerning future results, objectives, plans and goals, and involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause actual results, performance or achievements to differ. These risks, uncertainties and other factors include, among others: the public acceptance of Viacom's programs, motion pictures and other entertainment content on the various platforms on which they are distributed; technological developments and their effect in Viacom's markets and on consumer behavior; the impact of piracy; competition for audiences and distribution; fluctuations in Viacom's results due to the timing, mix and availability of Viacom's motion pictures; economic conditions generally, and in advertising and retail markets in particular; changes in the Federal communications laws and regulations; other domestic and global economic, business, competitive and/or regulatory factors affecting Viacom's businesses generally; and other factors described in Viacom's news releases and filings with the Securities and Exchange Commission, including its annual reports on Form 10-K and reports on Form 10-Q and Form 8-K. The forward-looking statements included in this Site are made only as of the date originally issued or indicated on the material, and Viacom does not have any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
5. Trademarks, Copyrights and Restrictions.
The Content of this Site is the property of Viacom and/or third parties, and any of their respective successors and assigns, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of a duly authorized employee of Viacom or such third party that may own the Content displayed on the Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED EMPLOYEE OF VIACOM. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Viacom or its owner if Viacom is not the owner.
As a User of the Site, you agree not to use the Content for any unlawful purposes and not to violate Viacom's rights or the rights of others. Viacom reserves the right to object or otherwise take action against any such use. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
THE SITE, THE CONTENT, AND ALL E-MAILS SENT BY VIACOM ("E-MAILS") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SITE, THE CONTENT, AND THE E-MAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. VIACOM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE, THE CONTENT, AND/OR THE E-MAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT VIACOM DOES NOT GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY VIACOM. VIACOM MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS SITE, THE CONTENT, OR THE E-MAILS. THIS SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. VIACOM DOES NOT WARRANT THAT THE CONTENT, THE SITE, OR THE E-MAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE, THE CONTENT, OR THE E-MAILS WILL BE CORRECTED, OR THAT THE SITE, THE SERVERS THAT MAKE THE SITE AND/OR THE CONTENT AVAILABLE, AND THE E-MAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitations of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VIACOM BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS SITE, THE CONTENT, THE E-MAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, THE CONTENT, OR THE E-MAILS, EVEN IF VIACOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE, THE CONTENT, OR THE E-MAILS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VIACOM BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. IN NO EVENT WILL VIACOM BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL VIACOM BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
By accessing this Site, you agree to indemnify, defend and hold harmless Viacom, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers, from and against any actual or alleged claims, demands, causes of action, judgments, liabilities, losses, damages, and all costs and expenses of defense (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of any of the terms of this Agreement or any law; (c) a claim by a third party that is based on your use of this Site and/or the Content; (d) Viacom's permitted use of any information you provide; and/or (e) any misrepresentation made by you. You will cooperate as fully and as reasonably required in Viacom's defense of any claim. You shall not in any event settle any matter without the written consent of Viacom. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
The contents of an E-mail (including, but not limited to, any attachments) you receive from any system of Viacom are confidential to the sender and the intended recipient. The information contained in such E-mail may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever, please delete and destroy all copies of the E-mail in your possession and please also reply to the sender and notify him or her that you have received such E-mail in error. Any views or opinions expressed in an E-mail that you receive from any system of Viacom are solely those of the author of such E-mail and do not necessarily represent those of Viacom unless specifically stated. The content of an E-mail that you receive from any system of Viacom does not create, amend, modify or form any part of a contract, an entitlement or a binding obligation unless specifically stated. E-mail messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that E-mail messages and attachments do not damage your systems or data. E-mail messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that E-mail submissions over the Internet may not be secure, and you should consider this before E-mailing the Site or Viacom any information. Viacom is not responsible for any improper, untimely, or incomplete transmission. Please note that Viacom reserves the right to intercept, monitor, review and retain E-mail messages from external and internal sources as permitted by applicable law.
10. Your Use of the Site.
Your use of the Site is subject to all applicable laws, rules and regulations and you are not permitted to use the Site in a manner that:
- is libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affects us adversely or reflects negatively on us, the Site, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
- uses the Site for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- forges any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- violates any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
- gains or enables unauthorized access to the Site or any features or functions of the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages connected or linked to the Site;
- modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise;
- collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
- except with our prior permission, uses manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site; or
11. Content You Submit to the Site.
12. Registration; Deactivation/Termination of Your Registration or Use.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information on all registration pages. If you register with the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part.
If this Site offers user registration and you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by logging into the Site, by clicking "Edit Candidate Profile".
Upon termination of your access to the Site, or upon demand by Viacom, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof.
14. Linking Policy and Links to Third Party Websites.
If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with any of Viacom's names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated and/or associated with Viacom. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Under no circumstances may you "frame" this Site or alter its Content in any way. Viacom reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Site and/or this Agreement.
This Site also contains links or references to other websites maintained by third parties over which Viacom has no control. Viacom is not responsible for the content, performance or practices (such as their collection of information or their privacy policies) of other websites to which this Site may link or from which this Site may be accessed. Viacom makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any content or information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply any endorsement or recommendation by Viacom.
15. Governing Law; Jurisdiction and Venue; Jury Trial Waiver.
However, notwithstanding any other provision of this Agreement, you agree that in the event of any Claim, the damages, if any, caused to you are not irreparable or sufficient to entitle you to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Site or any film, television program, show, website, property, production or materials owned or controlled by Viacom. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR OTHERWISE WITH RESPECT TO ANY CLAIM, YOU AND VIACOM HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Viacom will determine your compliance with this Agreement in its sole discretion. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.
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