Last Modified: October 9, 2013
The Site is offered and made available only to Users that are (a) 18 years of age or older, or such older age as may be required to consent to this Agreement in User’s jurisdiction and (b) authorized by their employer to enter into this Agreement on such employer’s behalf, if applicable. If you do not meet such age requirements 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 meet any other eligibility requirements of the Site. If you are entering this Agreement on behalf of a third party (e.g., your employer), you certify that you are authorized to accept and agree to the terms of this Agreement as an agent for and/or on behalf of such third party and that such third party has agreed to be bound by the terms hereof.
4. RULES OF CONDUCTYour use of the Site is subject to all applicable local, state, national and international laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
7. DISCLAIMER AND LIMITATIONS OF LIABILITY THE SITE, AND ALL MATERIALS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, Viacom is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE, VIACOM, ANY OF ITS SUCCESSORS AND ASSIGNS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Viacom, upon written notice from you to Viacom, attempt to repair, correct or replace any deficient services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for Viacom, to refund any monies actually paid by you for the applicable services you received solely through the Site and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Viacom assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or for any failure or delay associated with any transactions and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
8. INDEMNIFICATION You agree to indemnify, defend and hold the Site, Viacom, its successors and assigns, and any of its respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you.
Viacom reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Viacom in the defense of any such claim, action, settlement or compromise negotiations, as requested by Viacom.
9. MALWARE Viacom takes great care and pride in creating the Site. Viacom is always on the lookout for technical glitches that effect how the Site works. When Viacom finds them, Viacom will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Site -- and that is beyond Viacom’s control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for malicious software -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While Viacom continuously works closely with Viacom’s partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit.
Viacom suggests that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
Please note that Viacom cannot be responsible for the effects of any third party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, Viacom also suggests you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact Viacom at firstname.lastname@example.org.
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, 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.