TERMS OF USE


Last Modified: June 10, 2012


IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOU AGREE TO THESE TERMS OF USE BY ACCESSING THIS SITE, REGISTERING FOR THIS SITE, OR BY ACCEPTING OR DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS SITE.

This is the official Terms of Use Agreement ("Terms of Use") for the ViacomCareers.com website ("Site," "we," "us," or "our"), an Internet website provided by Viacom International Inc. (“Viacom”). These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device"). These Terms of Use govern only the content, features, and activities related to this Site and does not cover any other websites of Viacom or any subsidiaries and affiliates of Viacom (collectively, "Affiliates"), or any other company, unless specifically stated.

1.     Eligibility; Acceptance of Terms.
This Site is offered and made available only to users 13 years of age or older who reside in the United States of America, its territories and possessions ("U.S.") and certain features on this Site (including, but not limited to, user registration) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years old 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 these Terms of Use, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
By accessing and using the Site or downloading materials from the Site, you accept and agree to, without limitation or qualification, these Terms of Use. Viacom reserves the right, in their sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement to be bound by any such changes. Please also review our Privacy Policy.

2.     General.
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.
The words "use" or "using" in these Terms of Use, 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. These Terms of Use do 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. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described herein.

3.     Equal Opportunity Employer.
Viacom is an equal opportunity employer. We recruit, employ, train, compensate and promote regardless of race, religion, color, sexual orientation, nationality, gender, ethnic origin, disability, age, sex, gender expression, gender identity, veteran status, marital status or any other personal characteristic protected by applicable local, state or federal 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, its Affiliates 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 these Terms of Use 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.

6.     Disclaimers.
THE SITE, THE CONTENT, AND ALL E-MAILS SENT BY VIACOM OR AFFILIATES ("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 AND AFFILIATES MAKE 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 NEITHER VIACOM NOR AFFILIATES 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 OR AFFILIATES. VIACOM AND AFFILIATES MAKE 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 OR AFFILIATES 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 OR AFFILIATES HAVE 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 OR AFFILIATES 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 OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL VIACOM OR AFFILIATES 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.

8.     Indemnification.
By accessing this Site, you agree to indemnify, defend and hold harmless Viacom and Affiliates 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 these Terms of Use 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 and/or Affiliate's use of any information you provide 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.

9.     E-mails.
The contents of an E-mail (including any attachments) you receive from any system of Viacom or Affiliates 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. 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 or Affiliates are solely those of the author of such E-mail and do not necessarily represent those of Viacom or Affiliates unless specifically stated. The content of an E-mail that you receive from any system of Viacom or Affiliates 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, Viacom or Affiliates any information. Neither Viacom nor any of Affiliates are responsible for any improper, untimely, or incomplete transmission. Please note that Viacom and Affiliates reserve the right to intercept, monitor, review and retain E-mail messages from external and internal sources as permitted b y applicable law.

10.     Your Use of The Site.
When using the Site, you are prohibited from: (a) violating any law; (b) violating any right of Viacom or any third party, including, without limitation, intellectual property rights; (c) uploading or transmitting viruses, Trojan horses or other harmful, disruptive or destructive files or otherwise interfering with any third party's uninterrupted use and enjoyment of the Site and/or (d) using or attempting to use another's information, account, password, service or system except as expressly permitted.

11.     Content You Submit to the Site.
Please do not send unsolicited materials or other information to the Site, Viacom or Affiliates ("User Submissions"). However, please be aware that all User Submissions (except as otherwise described in our Privacy Policy) will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure. By sending User Submissions to the Site, Viacom or Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. When you send User Submissions to the Site, Viacom or Affiliates, you irrevocably grant to Viacom and Affiliates a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in your User Submissions, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your User Submissions. You further agree that Viacom and Affiliates will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of your User Submissions or portions of your User Submissions, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such User Submissions. You hereby waive 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. You agree and understand that Viacom and Affiliates are not obligated to use your User Submissions, and may alternatively choose to discard your User Submissions without any liability whatsoever.

12.     Registration.
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. Viacom reserves the right to terminate membership and/or deny access to the Site to any person in its sole discretion.

13.     Privacy.
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

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 and/or Affiliate’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 these Terms of Use. 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 or performance of other websites to which this Site may be linked 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.     Location/Governing Law.
Viacom operates the Site in the United States. Information contained on the Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Site or export the Content in violation of U.S. export laws and regulations. These Terms of Use and your use of the Site shall be construed, enforced, and governed in accordance with the laws of the United States of America and the State of New York without regard to its conflicts of laws principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, if otherwise applicable.  Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. However, notwithstanding any other provision of this Terms of Use, you agree that in the event of any dispute between the parties, 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 or Affiliates.  IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OF USE, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

16.     Miscellaneous.
 Viacom will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of Viacom. Viacom reserves the right to modify or discontinue this Site, or any portion thereof, without liability or notice to you or any third party. 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. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

These Terms of Use were last modified on the date indicated above and are effective immediately.

Copyright © 2012 Viacom Inc. - All Rights Reserved.

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