CBS Press Express

Terms of Use

Effective Date: 08-01-2016

  1. Acceptance of Terms of Use

  2. Please review the following terms and conditions of use (the Terms ) before accessing this website and the included services (the Site ). This is a legal agreement (the Agreement ) between you and CBS. By using the Site or any service provided through the Site, or installing mobile or touch versions that allow access to content provided through the Site, you are bound by this Agreement. If you do not agree to these Terms, immediately stop accessing the Site and do not use any CBS service offered through the Site. If you are using this Site on behalf of a company, you represent that you have the authority to bind your company to these Terms.

  3. License Grant

    1. The Site contains certain CBS originated content that CBS makes available to users. CBS grants authorized users a limited, personal, non-transferable, non-assignable, non-exclusive, revocable license to access, view and download the content for use in connection with bona fide news and editorial reporting about CBS and its properties. Your license to content terminates once the program, series or talent has left the applicable regular telecast schedule of CBS or its affiliate. You are responsible for any claims, losses or damages arising from your use of the content following termination of your license. As between CBS and you, CBS is the owner of all rights in the content, and CBS may use the content in any way CBS deems appropriate.

    2. You are responsible for and liable to CBS and its affiliates for the actions of any third party to whom you provide access to the content. The content rights granted in these Terms will automatically terminate if you violate any of these restrictions. CBS may terminate the grant of rights at any time upon notice to you in CBS’s sole discretion. Upon termination of this agreement, you must cease all use of the content and delete any copies of content in your possession.

    3. You are responsible for obtaining all necessary consents of any applicable guild(s) and/or any artists who appear in, or the content on the site, as well as any other consent(s) necessary for Your use of the content. You must obtain any necessary music synchronization licenses or other necessary consents in connection with the music used in the content.

  4. License Restrictions

  5. You may not use the Site or any content from the Site to do the following or assist others to do the following:

    1. sublicense, assign or otherwise transfer the license;

    2. use the content for any commercial purpose unrelated to news or editorial reporting;

    3. remove any copyright, trademark or other proprietary notations from the content;

    4. transfer the content to a person or entity for purposes unrelated to your news or editorial reporting for your employer at the time of your download;

    5. use the content to promote third party brands or third party intellectual property unless the use is pre-approved in writing by CBS;

    6. mirror the content on any other server for public access;

    7. sell or lease any content on a standalone basis;

    8. archive the content on an individual basis or for the purpose of providing access to the content in violation of these Terms;

    9. Post/link on your website any audio or audiovisual content from Press Express consisting of a single scene longer than two (2) minutes;

    10. Allow third parties to download any audio or audiovisual content from your website, such that all content must be streamed and encrypted and not posted as a progressive download or downloadable file;

    11. Edit or otherwise alter the content, except to edit the length of the content, provided such edits do not alter the literal or dramatic content of the content; or

    12. Use the content in any manner that is derogatory or defamatory to CBS or any person or entity connected with the content.

  6. Registration and Access Controls

  7. You are responsible for the confidentiality of your login credentials and all activities that occur from your login credentials. Your login credentials are for your personal use only. If you believe that someone is using your account, please contact CBS immediately. CBS is not responsible for any loss or damage resulting from your failure to notify CBS of unauthorized use. You must provide CBS accurate and complete information and must update such information when it changes.

  8. Compliance with laws

  9. You must comply with all applicable laws. You may access the Site solely for legitimate business purposes and may not otherwise copy, distribute, publish, display or perform or create derivative works of the Site without CBS permission.

  10. Modification

  11. CBS may change the Terms of this Agreement at any time. You are bound by the most current terms posted on the Site, which apply retroactively to your past use. If these terms change you must promptly become compliant with the revisions.

  12. Acceptable Use of the Site

  13. You may not use the Site to do the following or assist others to do the following:

    1. Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;

    2. Link to the Site from another site or 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;

    3. Frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the CBS and any third party or potentially deprive CBS of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);

    4. Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;

    5. Transmit files that contain viruses, spyware, adware, or other harmful code;

    6. Advertise or promote goods or services without CBS's permission (including, without limitation, by sending spam);

    7. Interfere with others using the Site or otherwise disrupt the Site;

    8. Transmit, collect, or access personally identifiable information about other users without the consent of those users and CBS;

    9. Engage in unauthorized spidering, scraping, or harvesting CBS content, contacts or other personal information, or use any other unauthorized automated means to obtain CBS information;

    10. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or

    11. Defeat any access controls, access any portion of the Site that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to use another user's account credentials, or allow anyone else to use your account credentials.

  14. Site Access; Account Deletion

  15. CBS may take any of the following actions in CBS's sole discretion at any time and for any reason without any liability and without giving you prior notice:

    1. Monitor content on the Site;

    2. Restrict or terminate your access to the Site;

    3. Change or discontinue the Site;

    4. Deactivate your accounts and delete all related information and files in your accounts;

    5. Provide information to third parties concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or as otherwise described in the privacy policy; and

    6. Remove CBS content or user submissions.

  16. Submissions

  17. If you submit anything to the Site, you grant CBS a nonexclusive, royalty-free, perpetual, irrevocable right to: use; reproduce; modify; adapt; publish; translate; create derivative works from; distribute; and display such content throughout the world in all media unless CBS expressly agrees otherwise in writing.

  18. Disclaimer of Warranties

  19. CBS does not warrant: (1) that the Site, any of the Site functions or any content or software contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the Site or the servers hosting them are free of viruses or other harmful code; or (4) that the Site or information available through the Site will continue to be available. CBS disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The Site, including, without limitation, all content, software, and functions made available on or accessed through or sent from the Site, are provided as is, as available, and with all faults.

    Your access to and use of the Site is at your risk. CBS makes no warranties or representations of any kind related to your use of the Site. If you are dissatisfied with the Site or any of the content, your sole and exclusive remedy is to discontinue accessing and using the Site.

    Any damages you may incur that arise out of CBS' acts or omissions, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting exploitation of any website, property, product, program, television show, motion picture, or other audio/visual content owned or user submissions posted to the Site by any user.

    You acknowledge that you may be waiving rights with respect to claims that are unknown or are unsuspected. Accordingly, you hereby waive the benefit of any law, including, to the extent applicable, California Civil Code 1542, that otherwise might limit your waiver of such claims.

    Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.

  20. Limitation of CBS Liability

  21. CBS, its affiliates, the respective employees, agents, vendors, partners, clients, licensees, licensors, service providers, third-party content providers and all officers, directors, shareholders, employees and agents have no liability to you or any third party for any loss or damages of any kind whatsoever in connection with the Site and any user submissions even if foreseeable or even if CBS has been advised of the possibility of such damages, whether caused in whole or in part by CBS's. You hereby assume all risk and liability arising from your use of the Site. If any limitation of liability is held to fail its essential purpose or is otherwise deemed to be unenforceable, then the maximum cumulative liability of CBS, arising out of your use of the Site, shall not exceed your direct damages, if any, up to a maximum of fifty dollars ($50). The limitations in this section apply to all causes of action.

  22. Indemnification

  23. You hereby indemnify, defend, and hold harmless CBS, its affiliates the respective employees, agents, vendors, partners, clients, licensees, licensors, service providers, third-party content providers and all officers, directors, shareholders, employees and agents from and against all claims, demands, damages, liabilities and costs (including attorneys' fees) arising out of or in connection with: (a) your use of the Site, including use of or reliance on any content obtained through the Site; (b) your breach of this Agreement; or (c) your violation of any applicable law.

  24. Cookies and Other Tracking Devices

  25. When you use the Site, CBS may collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tool and web server logs. As you use the Site and applications, your browser and devices communicate with servers operated by CBS, business partners and service providers to operate the Site.

  26. Choice of Law/Statute of Limitations

  27. This Agreement and your use of the Site are governed by the laws of the State of New York. You irrevocably submit to the exclusive jurisdiction for all actions in the State of New York, New York County and agree not to plead to the contrary. You must bring any claim arising from this Agreement within one year from the relevant date of your access to the Site that gave rise to the claim.

  28. Complete Agreement

  29. This Agreement only governs your use of the Site, and other transactions between you and CBS are subject to other applicable agreements, such as advertising sales terms and conditions. No changes by you to these Terms are valid without express written consent of CBS in a writing pertaining to this Agreement. CBS may be required by state or federal law to notify you of certain events. Notices will be effective upon our posting them on the Site or delivering them to you via email. You may update your email address by visiting the Site where you provided contact information. If you do not provide CBS with accurate information, CBS will not be responsible for failure to notify you. CBS's failure to exercise or enforce any provision in these Terms will not constitute a waiver of such provision. These Terms, including all additional terms, conditions, and policies on the Site, constitute the entire agreement between you and CBS and supersede all prior agreements with respect to your use of the Site. 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.

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