Terms of Use

WELCOME TO CBSFILMSPUBLICITY.COM (THE "SITE"). PLEASE MAKE SURE TO READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE SITE. THEY ARE LEGALLY BINDING TERMS THAT GOVERN YOUR USE OF THIS SITE AND THE MATERIALS (DEFINED BELOW) CONTAINED HEREIN. BY REGISTERING WITH THE SITE AND/OR LOGGING INTO THE SITE, YOU ARE AGREEING TO THESE TERMS.

This is a closed trade web site for individuals and media organizations who are approved by CBS Films, Inc. ("CBS") (each, an "Authorized User", "you" or "your"). The Site is not intended for viewing or use by anyone other than Authorized Users. CBS reserves the right to refuse, restrict or terminate access to the Site (or any portions thereof) at any time for any reason.

REGISTRATION

You will be required to provide registration information and received authorization from CBS in order to access the Site for the first time. One you receive authorization from CBS (via an email that contains your username and password), you will not need to re-register with the Site unless you change your company affiliation, e-mail address, or other contact information.

It is a condition of use of this Site and the Materials made available on the Site that all the details you provide during registration about you and your media organization ("Media Outlet") will be correct, current, and complete, including your actual identity. Further, you represent and warrant that you have the authority on behalf of your Media Outlet to agree to these Terms. If we believe that you have not satisfied these conditions, we have the right to refuse you access to the Site and/or any of the Materials contained therein. CBS may accept, reject and/or revoke your access to the Site (and your use of the Materials therein) at its sole discretion and for any reason.

LICENSE

CBS hereby grants to you a limited, non-exclusive, non-transferable and revocable license ("License") to access the Site and download, stream and/or use the motion picture ("Picture") promotional and advertising materials, including, photographs, graphics, key art, electronic press kits, images, video and audio clips and trailers (collectively, the "Materials") as set forth in these Terms.

This Site and all Materials incorporated by CBS on this Site are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights ("Intellectual Property Rights"). All rights, title and interest to the Site and the Materials, including the Intellectual Property Rights, shall at all times be and remain with CBS and/or its licensors.

Your right to make use of this Site and the Materials is subject to your compliance with these Terms. Modification, copying, or use of the Materials or any other content on this Site for any purpose or in any manner not permitted by these Terms is hereby expressly prohibited, except that images may be cropped for size and footage may be edited for length so long as any such cropping or editing does not materially alter the image or footage in a way that could cause liability for CBS.

The Materials and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in whole or in part, in any way, except for use in news media items that review, publicize and/or comment on the Picture in and/or as part of the Media Outlet as Licensed hereby. This License does not permit Media Outlets to make, publish or distribute any other publications or programs about or related to the Picture that are not part of the Media Outlet's news media function. By way of example only, you and Media Outlet are not permitted to make, publish or sell any collectors or souvenir books, publications, audiovisual programs or other media products concerning the Picture using content from the Site or the Materials. This License shall expire sixty (60) days from the theatrical release date of the applicable Picture associated with the Materials. If you seek to use any or all Materials contained within the Site after the expiration of this License, a license in writing for same shall be required to be obtained from CBS, which approval may be withheld in CBS's sole discretion. Any other uses of the Site and/or Materials, including sale and copying for inclusion in or on any goods, products or services (whether distributed for free or sold commercially) are expressly prohibited.

No copyright or trademark notice contained on any website page of the Site or on any of the Materials obtained from the Site shall be edited, altered, deleted or obscured.

Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

DISCLAIMER

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CBS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH CBS'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF WARRANTY

CBS DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SITE OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CBS AND/OR SUCH AGENTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT CBS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SECURITY

Any passwords used for this Site are for individual use of the Authorized User only. You shall be responsible for the security of your password and you shall not disclose your password to any third party, or allow any third party to access the Site through your credentials and/or password. CBS shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that CBS considers insecure, CBS will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CBS reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

INVESTIGATIONS

CBS reserves the right to investigate suspected violations of these Terms. CBS may seek to gather information from the user who is suspected of violating these Terms, and from any other user. CBS may suspend any users whose conduct is under investigation without notice. If CBS believes, in its sole discretion, that a violation of these Terms has occurred, it may warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CBS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CBS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CBS OR LAW ENFORCEMENT AUTHORITIES.

SERVICE

CBS reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

WITHDRAWAL

For any of the Materials, CBS will have the right to terminate the Terms and to withdraw authorization granted hereunder in the event CBS no longer controls the rights necessary to grant the rights hereunder or in the event that in CBS's sole business judgment CBS deems it appropriate to do so.

INDEMNITY

You agree to indemnify and hold harmless CBS and its respective officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, arising out of any claim whatsoever, whether or not groundless, which may arise, directly or indirectly, by reason of your use of the of the Site and Materials in violation of these Terms or any law. CBS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of CBS.

REMEDIES

You agree that a breach by you of any of your undertakings under these Terms would cause CBS damage which could not readily be remedied by an action at law and might, in addition, constitute an infringement of copyright and/or trademark and/or other applicable laws, and/or a violation of moral rights (where applicable). Any such breach would, therefore, entitle CBS to equitable remedies, costs and attorneys' fees in addition to any other rights and remedies provided for herein or by law. Moreover, you agree that you will not have the right to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Site, the Materials or any Picture.

PERSONAL INFORMATION

When you register, CBS may retain and use your personal information for many purposes, including, but not limited to: (a) for sending you press releases and other communications regarding the Materials and the Pictures; (b) for sending you offers or promotional materials on behalf of CBS, CBS Corporation-owned entities, or third parties; (c) for communicating with you regarding information, features or offers that CBS believes will be of interest to you; (d) for responding to your questions or other requests; (e) for contacting you with regard to your use of the Site, including, without limitation, changes to the Site's Terms or other Site policies; and (f) for other business purposes or for other purposes disclosed at the time you provide your personal information. In connection with the foregoing, you consent to such use of your personal information for such purposes and agree that CBS may share your personal information with: (a) outside parties who work on CBS's behalf to support CBS's business needs or to provide a product or service for you on CBS's behalf; (b) a subsequent owner, co-owner or operator of the Site and/or in connection with a corporate merger, consolidation, restructuring, reorganization, issuance of securities, the sale of substantially all of CBS's stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process; and (c) governmental authorities, if CBS is required to respond to subpoenas, court orders, legal process or other valid law enforcement measures or when CBS believes in good faith that the law requires disclosure.

JURISDICTION

The Site is controlled and operated by CBS within the State of California, United States of America.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party, or CBS may bring to enforce these Terms or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts.

SEVERABILITY/NO WAIVER

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. CBS has the right to determine your compliance with these Terms in our sole discretion.