Last modified: September 28, 2018
ELIGIBILITY; ADDITIONAL TERMS; BINDING AGREEMENTYou must be at least 13 years of age or older (“Site Minimum Age“) to use this Site. Please note, certain areas on a Site may contain specific content for which you must be older than the Site Minimum Age to access and view such content. This Site is designed and targeted to audiences residing in, and is governed by and operated in accordance with the laws of, the United States of America, its territories and possessions (“U.S.“). For example, if this Site requires you to be at least 13 years of age, please be aware that certain areas on the Site may contain content for which you must be at least 17 years of age to access and view even if this Site’s age eligibility requirements are less than 17 years of age. 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, 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, meet any other eligibility and residency requirements of the Site and agree to all of the terms and conditions of this Agreement.
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. 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 below in Section 3. This Agreement applies regardless of 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”).
OWNERSHIP OF INTELLECTUAL PROPERTYThe contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of VII, and any of its successors and assigns, and any of its respective licensors (for example, certain software on this Site may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. 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. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you are permitted to 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 Material without the express prior written consent of VII or its owner if VII is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.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 for this Site (see the Copyright Compliance tab for this Site) (“Copyright Compliance Policy”).
ADVERTISINGFrom time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
RULES OF CONDUCTYour use of the Site is subject to all applicable laws, rules 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 are also prohibited from using the Site (or attempting to use the Site, or allowing, enabling or condoning others to use the Site) in a manner that:- is or is likely to be 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;
– discusses us or the Channel in a clearly false or misleading manner, is unrelated to our products or services, or includes personal information of individuals or trade secrets;
– discourages or is likely to 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, newsgroup posting or other 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 of its features or functions, 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 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
SHOPPINGIf we offer certain e-Commerce to enable you to purchase goods and services through our Site (the “E-Commerce Service” or “Shop”), additional terms (such as those available on or through the Shop page) apply to your use and access of the E-Commerce Service which are Additional Terms and incorporated herein by reference.
The Shop on certain VII websites, applications or other interactive services utilizes third party operational service providers. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. We and VII are not responsible and have no liability whatsoever for goods or services you obtain through our third party operational service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. We and VII do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We and VII are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party operational service provider, even if the goods or services were shown on one of the Site’s web pages. We and VII cannot ensure that you will be satisfied with any products or services that you purchase from any third party operational service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party operational service provider.We and VII do not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or VII’s endorsement of such products. Furthermore, customer reviews seen in our Shop are provided by the third party operational service provider’s users and are subject to such third party operational service provider’s own community guidelines. We, VII and our third party operational service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
You understand, acknowledge and agree that this Channel may, at its sole discretion and without liability to you or any user, terminate its offer of any specific Text Service or all Text Services at any time without advance notice. This Channel may provide notice of terminations or changes in services on this Site.
Closed Captioning of Internet Protocol-Delivered Video ProgrammingIn accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010, all video programming distributors that make video programming available directly to end users through a distribution method that uses the internet protocol are required to provide contact information to end users for the receipt and handling of written closed captioning complaints.If you have a complaint regarding the Site’s compliance with the closed captioning requirements of the Twenty-First Century Communications and Video Accessibility Act of 2010, please go to http://media.viacom.com/accessibility/.
POSTINGSYour comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media, materials or other information (collectively, “Posts” or “Postings”). If this Site provides a User Content Submission Agreement, such terms govern any User Content (as defined therein) which are also Postings under this Agreement and such User Content Submission Agreement are Additional Terms under this Agreement.10.1 Responsibility for Postings; Our Right to Review, Monitor, Edit and/or Screen and Take Other Actions. You understand, acknowledge and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you (including, but not limited to, Postings made under your name, user name and/or email address) upload, post, email, transmit or otherwise make available via the Site. Except for the licenses, authorizations, consents and rights granted hereunder (including, but not limited to, as described in any User Content Submission Agreement that may be posted on this Site), as comprehensive and broad as they may seem or actually be, VII and the Channel acquires no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content. Postings do not reflect the views of the Channel or VII and the Channel and VII do not represent or guarantee the truthfulness, accuracy or reliability of any Posting or endorse or support any opinions expressed in any Postings. Neither the Channel nor VII control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing and being displayed on our Site. The Channel and VII reserve the right to review, monitor, edit and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable to the Channel or VII, or for any reason or for no reason whatsoever; provided, however, that the Channel and VII shall have no obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make.
If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Postings are subject to all of the terms of this Agreement, including, but not limited to, the Rules of Conduct.
10.2 Grant of Rights; Representations, Warranties and Covenants. If a Posting originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting, you reaffirm such agreement that): (i) you specifically authorize the Channel and VII to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (ii) you represent, warrant and covenant that (A) the Posting is original to you and/or fully cleared for use as contemplated herein, (B) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Posting does not contain libelous, tortious, obscene or otherwise unlawful material or information, (D) the Posting, and the Channel’s and VII’s exercise of the rights you grant to the Channel and VII to the Postings, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (E) the Posting shall not be injurious to the health of any user, (F) neither the Channel nor VII shall be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of the Posting, and (G) all of the information provided by you associated with your Posting is complete and accurate; and (iii) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant to the Channel and VII that (A) you have the right to grant the Channel and VII the right to use all such Postings as described above, (B) the Posting was produced in compliance with all applicable laws and regulations and (C) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and our policies regarding governmental certification procedures relating thereto, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, the Channel and VII reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes.
Upon the request of the Channel or VII, you will promptly furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
Notwithstanding anything to the contrary, you also understand and agree that the Channel and VII shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting.
10.3 Claims Regarding Content. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please email us at email@example.com (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
10.4 Certain Rights of Removal for Postings. Registered users of this Site who are California residents and are under 18 years of age may request and obtain removal of Postings on this Site that they themselves post by emailing us at firstname.lastname@example.org. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information. We may also provide you the ability to remove individual specific Postings that are comments by navigating to the comment, selecting the delete option when you hover over the right-hand side of the comment with your cursor and verifying the deletion request.
CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONSFrom time to time, this Channel, VII and/or their Advertisers, operational service providers and suppliers may conduct promotions on or through the Site, including, but not limited to, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms, such as the rules governing any voting relating to a Promotion (the “Voting Rules”) (Voting Rules are available at http://btg.mtvnservices.com/legal/VotingRules/) and other rules relating to the Promotion, which will be posted or otherwise made available to you and, for purposes of each Promotion, are Additional Terms and will be deemed incorporated into and form a part of this Agreement. In the event of a conflict between the Voting Rules available by link in this Section and the Voting Rules specific to the Promotion, the Voting Rules specific to the Promotion shall govern with respect to the specific Promotion.
CERTAIN PRODUCTS AND SERVICES12.1 RSS Feeds and Podcasts. The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or (if permitted) transferred to another Device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.Content is Material and subject to all of the terms of this Agreement, even though you may download, copy and/or transfer to a Device, or through a Device to another Device, the RSS Feeds and associated Content.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that this Channel and VII do not warrant that its RSS Feeds will operate on all Devices. Please see the “Disclaimer and Limitations of Liability” section below for further details.
12.2 Mobile Applications. If this Channel offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), such as applications you download or text messaging services, these Mobile Application Services are governed by the Additional Terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the applicable Additional Terms, including, but not limited to, the terms presented to you in connection with your download of such Mobile Application Service. In addition, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
Under no circumstances will this Channel or VII be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address using any Mobile Application Services.
DISCLAIMER AND LIMITATIONS OF LIABILITYTHIS SITE, AND ALL MATERIALS, GOODS AND SERVICES AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) 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, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 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, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SITE.YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, THIS CHANNEL, VII, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES AND THE CHANNEL AND VII DISCLAIM ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.
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, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE LIMITED TO HAVING VII, UPON WRITTEN NOTICE FROM YOU TO US, ATTEMPT TO REPAIR, CORRECT OR REPLACE ANY DEFICIENT GOODS OR SERVICES UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE FOR VII, TO REFUND ANY MONIES ACTUALLY PAID BY YOU TO VII FOR THE GOODS OR SERVICES INVOLVED 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 VII ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SITE FOR ANY TRANSACTIONS OR POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
INDEMNIFICATIONYou agree to indemnify, defend and hold the Site, the Channel and VII, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, 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.VII 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 VII in the defense of any such claim, action, settlement or compromise negotiations, as requested by VII.
ADS AND MALWAREWe take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will fix them. Unfortunately, your Device may cause some glitches that affect how you see our Site — and that is beyond our 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 we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your Device may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take actions (such as installing reputable third party antivirus software) which may help to clean your Device and which could monitor or prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third party software including Malware on your Device. 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 Device, we also suggest you speak with a qualified technician for your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at email@example.com.
19.2 Informal Dispute Resolution. Except with respect to Claims described in Section 19.1(B) above, before either you or VII pursue or participate in any Claim against the other party in arbitration or court proceedings, you or VII must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to VII at 1515 Broadway, New York, New York 10036, Attention: Viacom Inc. General Counsel. VII may send written or electronic notice of its Claim to your email address, VII account or any physical or other address VII has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in Section 19.1(B) above, you and VII agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and VII do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth in Section 19 or court as permitted by Section 19.1.
19.3 Arbitration Proceedings and Costs. Any arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Agreement. The AAA Rules, and other information about the AAA, are available at the AAA’s website at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website (see “Demand for Arbitration, Consumer Arbitration Rules”, under Rules and Forms, Consumer Forms, at https://www.adr.org, but contact the AAA if you have issues locating the form) and arbitration proceedings shall be initiated in the location described in Section 20. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to VII, which should be sent to VII at the following address: 1515 Broadway, New York, New York 10036, Attention: Viacom Inc. General Counsel. If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. In all cases, you and VII shall exchange documents and other information that you or VII intend to use in the arbitration.
Upon filing of an arbitration demand for Claims up to $75,000, VII will reimburse you for all necessary filing, administration and arbitrator fees paid by you to the AAA or, if you wish VII to pay such fees directly to the AAA, you must request payment of such fees by VII by mail to the AAA along with your form initiating arbitration and VII will make arrangements to pay such fees directly to the AAA. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious, you agree to reimburse VII for all fees associated with the arbitration paid by VII on your behalf. You agree that VII shall have no obligation to pay any other fees except as determined by the arbitrator.
For Claims that total more than $75,000, the AAA Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
19.4 Class Action Waiver. UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SECTION 19.5), YOU AND VII AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and VII expressly agree that any Claim is personal to you and VII, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in Section 19.1 of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in Section 19.1 of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in Section 19.1 of this Agreement), and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and VII, then this Agreement to arbitrate will be unenforceable. Neither you nor VII consent to class arbitration.
19.5 Right to Opt Out of Mandatory Arbitration and Class Action Waiver. If you do not wish to be bound by the mandatory arbitration and class action waiver provisions in Sections 19.1, 19.3 and 19.4, you must notify VII in writing (the “Arbitration/Class Action Waiver Opt-Out Notice”), where the arbitration/class action waiver opt-out notice meets all of the following requirements:
19.5.1 Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to Viacom Inc., Attention: Viacom Legal Department, Records Management, 1515 Broadway, 51st Floor, New York, NY 10036.
19.5.2 Postmarked (if sent by first class mail) or deposited with the overnight courier service no later than (A), if you register as a new registered user of the Site on or after 2/9/2016 (“Agreement to Arbitrate Date” except as provided in (C) below), 45 days after the date you accept this Agreement for the first time, unless an earlier deadline in Section 19.5.2(C) applies, (B), if you are already a registered user of the Site before the Agreement to Arbitrate Date, 45 days after the earlier of either (I) your first log in to the Site on or after the Agreement to Arbitrate Date or (II) the date which email notice of the Agreement containing this Section 19, if any, was sent to the email address associated with your user registration, unless an earlier deadline in Section 19.5.2(C) applies or (C) for all other users of the Site, 45 days after you accept this Agreement for the first time on or after the Agreement to Arbitrate Date, which Agreement to Arbitrate Date shall be December 31, 2016 for users of this Site’s applications, unless a longer period is required by applicable law.
Time Periods Applicable to Users of Multiple VII Websites, Applications or Other Interactive Services. If you are or become a user of more than one VII website, application or other interactive service, you must provide the Arbitration/Class Action Waiver Opt-Out Notice within the earliest deadline applicable for any VII website, application or other interactive service for which you are or become a user (for example, if the Agreement to Arbitrate Date is August 1 and if you are a pre-existing registered user of a VII website prior to August 1 who logins on August 1 and registers as a new registered user of another VII website on August 15, you must provide the Arbitration/Class Action Waiver Opt-Out Notice by September 15 (45 days after August 1 and not 45 days after August 15)).
19.5.3 Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the VII website(s), application(s) or other interactive services(s) along with an identification of the VII website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
19.5.4 Includes a statement that you do not agree to the mandatory arbitration and class action waiver.
If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Section 19.1, Section 19.3 and Section 19.4 with respect to all VII websites, applications or other interactive services (including, but not limited to, those owned, operated and/or provided by Viacom Inc. and the corporate affiliates that Viacom Inc. directly or indirectly owns or controls such as those described at www.viacomcbs.com/brands). Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.
If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Section 19.1, Section 19.3 and Section 19.4.
Governing Law, ARBITRATION LOCATION, Jurisdiction, Venue AND JURY TRIAL WAIVERWith the exception of the provision above that the enforceability of Section 19 is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of New York (without regard to that state’s conflict of laws rules).
You or VII shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) VII may request to transfer the arbitration to New York County, New York if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to New York County, New York or (ii) if you do not agree to such request, VII shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and VII agree that any Claim that is allowed to proceed in court as set forth in Section 19.1 of this Agreement (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the Borough of Manhattan, New York City, State of New York.
To the extent it may be applicable, you and VII agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND VII WAIVE ANY RIGHT TO A JURY TRIAL.
Last modified: March 4, 2021
This Policy describes how ViacomCBS and its affiliates (collectively “ViacomCBS”) collect, use and disclose certain information, including your Personal Information, both online and offline, and the choices you can make about that information.
We are a leading global media and entertainment company that creates content and experiences for audiences worldwide. When you use our streaming services, mobile and online applications or other products and services of our brands, visit our websites, attend our live events, view our content or advertisements, or contact our customer service (collectively, the “Services”), we may collect information from or about you.
Trust is a cornerstone of our mission at ViacomCBS. We are committed to gaining and maintaining your trust by following a core set of privacy principles:
Transparency – We will tell you what information we collect about you and how we use it.
Choice – When possible, we will give you choices about how your information is collected and used.
Access – When possible, and when required by law, we will provide you with access to the information that we collect about you.
Security – We will protect your information with reasonable security measures.
Accountability – We will take responsibility for the secure processing of your information and do our best to address any concerns or questions that you have about how we process your information.
What Information We Collect About YouWe collect information from and about you in connection with your use of the Services. Some of this information may be considered “Personal Information” or “Personal Data” (as defined under applicable law) which is information that identifies you or your device or is reasonably associated with you.We also collect, use, and disclose aggregated or de-identified information that does not reasonably identify you or your device, and is not considered Personal Information.
INFORMATION YOU PROVIDEWe collect information you provide to us which includes:Registration Information. When you register for certain Services, complete an application form, enter contests, giveaways or competitions, attend one of our events, participate in sweepstakes or promotions, or respond to market research surveys that we sponsor, we may collect the information you provide, such as your name and email address.
Billing and Payment Information. When you purchase a product, subscription, or event ticket from us, we collect certain payment and identity verification information, including your name, email address, physical address, and credit card information.
Information You Post on our Services. We may collect information when you post comments or other content to our Services, which may include your username or screenname, comments, likes, interests, status, pictures, and references to your online presence.
Your Correspondence and Your Feedback about Our Services. We collect information you provide when you contact us directly or provide feedback, comments, or suggestions on our Services directly to us.
Information You Provide About Others. Sometimes, we may collect information you may provide about others, which may include names, emails, and birthdays—for example, to refer a friend or relative to certain Services.
Information You Provide When You Do Business With Us. If you are a vendor, service provider, or business partner of ViacomCBS, we may collect information about you and the services you provide, including your or your employees’ business contact information and other information you or your employees provide to us as part of the services you may provide and our agreement with you.
Information you Provide Offline. You may also provide information to us in person and offline. You may be recorded if you visit our offices (including by security surveillance of our premises, including CCTV), or attend a live performance or the taping of one of our programs as a member of the audience, or, if you submit sweepstakes entrance forms or an application to participate in one of our programs by mail or in person.
Other information. We also collect information that relates to or is capable of being associated with you, such as passwords, personal preferences and interests, age, gender, and any other information you choose to provide.
INFORMATION COLLECTED AUTOMATICALLY
Information From Our Partners. We acquire information from other trusted sources. These business partners might include companies, such as your TV or internet service provider, or other streaming media device providers who make our Services or content available on their devices, mobile phone carriers, or other companies who provide services to you. We may also collect information about you from other sources, including service providers, data licensors and aggregators, marketing companies, advertising partners, programming distributors, social media platforms, and public databases.
The information our business partners provide us varies depending on the nature of their services, and may include IP addresses, device IDs or other unique identifiers, information about your interests, demographic data, purchasing behavior, and your activities online.
INFORMATION YOU PROVIDE THROUGH SOCIAL MEDIA
If you connect to us through a social media platform or navigate to a social media platform from one of our sites, the social media platform will collect your information separately from us. You should review the social media platforms’ privacy policies to understand how they are using your information and your rights in relation to such information.
INFORMATION WE DERIVE
We may derive additional information or draw inferences about you based on the information we have collected from you directly, passively, or through third parties.
How We Use Your Information & WhyWe may use information as disclosed and described here
We may use information to provide you with our Services. We may use your information to create, manage, and authenticate your account or subscriptions with us and provide you with customer support and account updates. We may use your information to complete the transactions you request and perform our contractual obligations with you or to ensure that our Services function properly.
We may use information to perform our contracts with you. If ViacomCBS enters into a contract with you, including in instances where you may be a vendor or service provider to ViacomCBS or our business partner, we may use your information to fulfill our contractual obligations.
We may use information for marketing purposes. We may use your information to send promotional messages and newsletters such as via email, text messaging, or push notifications. These might be our own offers or products or third-party offers or products we think you might find interesting. To learn about your choices for these communications, read the Your Choices, Rights and Controls section of this Policy.
We may use your information to provide you with ads or information that we think would be of interest to you. For example, based on the information we have about your use of the Services, including information provided by third parties, we may target personalized advertising to you both on and off our Services.
We may use information to improve our products and Services. We use your information to monitor and improve the operation, delivery, and general accessibility on our Services, identify popular areas or features, and optimize and personalize the Services. This may also include conducting internal research and development of our Services.
We may use information to enable you to participate in public platforms or other interactive features of the Services. For example, we may use your information when you post comments on one of our websites.
We may use information to maintain the safety and security of our Services. We use your information to protect the rights and property of ViacomCBS and others and to comply with our legal obligations, including to detect, investigate, and prevent fraud and other illegal activities and to enforce our agreements.
We may use information as otherwise permitted by law. We may use your information to resolve disputes, enforce our agreements, and as otherwise required by law.
Who We Share Your Information With & WhyWe may share information within the ViacomCBS family of companies. We may share information we collect about you with the ViacomCBS companies for the purposes described in the How We Use Your Information & Why section of this Policy.
We may share your information in connection with a corporate transaction. We may disclose or transfer your information as part of, or during negotiations for, any purchase, sale, lease, merger, or any other type of acquisition, disposal, or financing involving our brands.We may share information with third parties who perform Services on our behalf. We may share your information with unaffiliated companies or individuals we hire or work with that provide us with professional advice, business support, or perform services on our behalf, including customer support, web hosting, information technology, payment processing, event providers, direct mail and email distribution, contests, sweepstakes, giveaways and promotion administration, and analytics services. These Service Providers are allowed to use your information to help us provide our Services and not for any other purpose.We may share information with our business partners. Partners may include marketing, audience measurement, or other partners such as those working with us on co-branded Services or events and digital distribution partners where we make our Services available. Our partners use the information we give them as described in their privacy policies.
We may share your information with sponsors and other partners for contests, giveaways, sweepstakes and promotions. We may use information you provide to verify your entry into and eligibility to participate in contests, sweepstakes, giveaways, or promotions and to inform you if you have won. If your entry information will be used for any other purposes, we will disclose that in the applicable rules governing that sweepstake, contest, giveaway, or promotion.
We may share information to provide advertising based on your interests. For more information, please see “Your Choices, Rights, and Controls” section of this Policy.
We will share your information if you ask us to. For example, if you ask us to share your information in order for you to participate in an interactive Service that is operated by a third party.
We may share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information when it is necessary for us to comply with applicable law or legal process, to respond to legal claims, or to protect our rights or the property or personal safety of our users, employees, or the public.
We may share your information for reasons not described in this policy. We will tell you before we do this.
Your Choices, Rights, and ControlsYou have certain choices about how we use your information.Opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions in any marketing email you get from us. When applicable, you can also change your preferences in your account. Even if you opt out of getting marketing emails, we will still be permitted to send you transactional messages. For example, we may still contact you about any purchases you make.Change or update the information you have given us. If you have an account or subscription to one of our Services, you can correct or delete information or update account settings by logging into your account and following the instructions or by contacting the customer service team.
Ad Choices. We, our affiliates, and any associated third-parties may collect information on our Services and on third-party websites to help serve advertising that will be relevant to your interests across your devices, browsers, and on and off our Services. This is known as interest-based advertising. We rely on third parties who collect information on the Services to provide opt-outs or other controls to you. For more information on how to opt-out of receiving interest-based advertising on desktop and mobile websites, please visit:
– Digital Advertising Alliance (US) https://www.aboutads.info/choices/
– Digital Advertising Alliance (Canada) https://youradchoices.ca/en/tools
– Digital Advertising Alliance (EU) https://www.youronlinechoices.com/
– Network Advertising Initiative https://optout.networkadvertising.org/?c=1
You can also opt out of interest-based advertising with some of the service providers we use, such as Google https://adssettings.google.com/authenticated. Please note that, if you opt out of interest-based advertising, some information will still be collected for other purposes, such as research, analytics, and internal operations. You will also continue to receive contextual advertisements, but they may be less relevant to your interests.
On many mobile devices, you can control interest-based advertising through your device’s settings. These options can include resetting your device’s advertising ID or selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Ads Personalization” (for Android devices) in your device settings.
Ad choices settings and options will vary depending on your browser and device settings, and this is not an exhaustive list. Please note that your opt-out choices will only apply to the specific browser or device from which you opt out. We encourage you to explore your device and browser settings to better understand your choices.
Push Notifications. When you use any of our Services that send push notifications or offers to your mobile device, you can change your preferences at any time through the settings on your mobile device.
Precise Location. You can withdraw consent for our collection, use, and transfer of precise location information by adjusting the location settings on your device.
Nielsen Video Measurement. The Services may feature Nielsen proprietary measurement software that will allow you to contribute to market research, such as Nielsen’s TV Ratings. For more information about Nielsen digital measurement products, please review Nielsen’s privacy statement https://www.nielsen.com/digitalprivacy.
Connected Devices and Our Partners’ Services. Connected devices (such as tablets, connected TVs, set top boxes, streaming devices and gaming consoles) may also use an advertising ID or other methods to identify you or serve you interest-based advertising. In some cases, you can disable tracking by selecting options like “limit ad tracking” or disabling options like “interest-based advertising” in your connected device’s settings. These options will vary by device and we do not control the policies or practices of third parties’ providing these devices. ViacomCBS is not responsible for tracking on connected devices or our business partners’ services and may not have visibility on choices you may have made with respect to tracking on connected devices or our business partners’ services.
Additional Rights. For specific rights you may have depending on your location, please visit the “Additional Information If You Are Located in California” or “Additional Information if You are located Outside of the United States” sections of this Policy.
Additional Information if You Are Located in CaliforniaCalifornia Consumer Privacy Act. If you are a California resident, you have specific privacy rights governed by the California Consumer Privacy Act (CCPA). These rights include:
– Right to Know. You have the right to request a report showing the Personal Information collected, shared, and sold about you in the past 12 months.
– Right to Opt-Out of Sale of Your Personal Information. You have the right to opt-out of the sale of your Personal Information to third parties.
– Right to Deletion. You have the right to request that we delete any Personal Information collected from you.
– Right to Non-Discrimination. We shall not discriminate against you based on your exercise of any of the above rights.You or your authorized agent may submit a request to exercise any of the above rights by completing the form on our Privacy Rights Manager https://www.viacomcbsprivacy.com/managemyrights or calling us at 1 (888) 841-3343.We may require additional information to verify your identity or to verify that your authorized agent has the authority to make the request on your behalf before responding to a CCPA rights request. We will respond to your request within 45 days if possible and required under the law.PERSONAL INFORMATION COLLECTED ON CALIFORNIA RESIDENTSIdentifiers
– Names and Aliases
– Physical Address
– Phone Number
– E-Mail Address
– IP Address
– Unique Identifiers
Legally Protected Characteristics
– Interactions with Customer Service
– Information about transactions made on our Services, including purchase history
– Customer preferences and attributes, such as likes, interests, social media statuses and updates, pictures, and references to your online presence
– Credit card numbers
Inferences drawn from Personal Information categories
– Information related to your preferences, attitudes, online behaviors, demographics, product and ad choices, and preferences
– Information related to your location, including your IP address
Internet/ Electronic Activity
– Information related to your location, including your IP address
– Device attributes
WE COLLECT PERSONAL INFORMATION FROM THE FOLLOWING SOURCES:
– Directly from you (e.g. Information provided when you register with one of our Services, submit payment for Services, post on our Services, when you correspond with us, information provided and collected offline, etc.);
– Automatically collected information (e.g. collected automatically through cookies and other online tracking technologies, etc.);
– Business partners (e.g. Analytics companies, etc.);
– Third parties (e.g. data brokers, marketing companies, advertising partners, social media platforms, data aggregators, public databases, etc.); or
– Inferences from your profile or online behaviors.
PERSONAL INFORMATION DISCLOSED FOR A BUSINESS PURPOSE TO THIRD PARTIES
The categories of Personal Information listed above may be disclosed to the following categories of third parties:
– The ViacomCBS family of companies;
– In connection with a corporate transaction (e.g. any purchase, sale, lease, merger, acquisition, disposal, or financing involving our brands);
– Our service providers (e.g. cloud services providers, technical service providers, law firms, accounting firms, etc.);
– Business partners (e.g. audience measurement companies, marketing companies, sweepstakes partners, other partners who are working with us on co-branded Services or events, etc.);
– Sponsors and other partners for contests, giveaways, sweepstakes, and promotions;
– Advertising partners to provide advertising based on your interests;
– When you ask us to provide information to a third party; or
– To law enforcement or others if required by law.
– The disclosures to third parties listed above may be for any of the following business purposes
– To provide you with our Services;
– For marketing purposes;
– To provide you with ads or information we think may be of interest to you;
– To improve our products and Services;
– To enable you to participate in public platforms or other interactive features of the Services;
– To maintain the safety and security of our Services; or
– As otherwise permitted by law.
INFORMATION ABOUT THE SALE OF PERSONAL INFORMATION
Because of the broad definition of “sale” under CCPA, some information that we share with third parties may constitute the “sale” of your information. For instance, some of our brands share identifiers, such as cookies and the advertising identifier associated with your mobile or internet-connected device with our advertising partners, and those partners use and share those identifiers to show advertisements that are targeted to your interests.
Where a brand does this or otherwise “sells” your information, we will give you the opportunity to opt out by clicking the “Do Not Sell My Personal Information” https://www.viacomcbsprivacy.com/donotsell on the home page of the relevant website, mobile and online application, or other service. Please note that, when you use these tools on our properties, you will need to renew your choices if you clear your cookies or use a new browser or device.
The following types of information may be “sold”:
– Names and Aliases;
– Email Address;
– IP Address;
– Unique Identifier;
– Information about transactions or content choices made on or in connection with our Services;
– Customer preferences and attributes, such as likes, interests, social media statuses and updates, pictures, and references to your online presence;
– Information related to your preferences, attitudes, online behaviors, demographics, product and ad choices, and preferences;
– Information related to your location, including your IP address;
– Information collected through cookies and web beacons; or
– Device attributes.
ViacomCBS does not engage in any “sales” of Personal Information of users that it has actual knowledge are minors under the age of sixteen.
Do Not Track. Our websites and apps are not designed to respond to “do not track” requests from browsers.
“Shine the Light” and “Eraser” Laws. Residents of the State of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.
If you are a California resident under the age of 18, and a registered user of the website where this policy is posted, you may request removal of content or information you have publicly posted. Please be aware that such a request does not ensure complete removal from the Internet of the content or information you posted, and there may be circumstances in which the law does not require or allow removal.
For all requests under the “Shine the Light” or “Eraser” Law, please use our Privacy Rights Manager https://www.viacomcbsprivacy.com/managemyright. We will accept requests to exercise these rights only through this mechanism.
EEA, the UK or SwitzerlandIf you are located in the European Economic Area (the EEA,) in the United Kingdom (the UK) or in Switzerland, you may have certain rights under applicable data protection laws:
– The right to request access to, and a copy of, the information we hold about you, including details as to how we process this information.
– The right to object to, or restrict, our processing of your information.
– The right to request that your information be erased from further use.
– The right to correct, amend, or update information you have given us (in some instances, where you have an account with us, you can also do this by logging in and updating your information).
– The right of portability, which allows you to request that we share your information with others.
– The right to withdraw any consent to processing you have provided us.Please note that ViacomCBS does not engage in any automated decision-making about you.International Transfers. Information that is collected from the EEA, the UK or Switzerland may be transferred to countries outside of the EEA, the UK or Switzerland, as applicable, that may not provide levels of protection for your Personal Information equivalent the protection provided by the laws of the European Union, the UK or Switzerland, including the United States. For the purposes of such cross-border data transfers, and to protect your information, we have executed Standard Contractual Clauses with all such Controllers and Processors located outside the EEA, the UK or Switzerland and, where necessary, implemented further measures to ensure the Personal Information is subject to equivalent protection.We will retain your Personal Information as long as it is needed for our business purposes and in accordance with applicable law. In determining this, we will be considerate of the amount, nature and sensitivity of the Personal Information, the potential risk of harm to the Personal Information, and whether our purposes can be achieved through other means.Legal Basis for Processing. We will only collect, store, or otherwise process Personal Information collected from you in the EEA or the UK in the following situations:
– When we have your consent to do so. For example, if you opt in to receive promotional emails. You can withdraw your consent at any time as described below or directly through the Services.
– When we need to use your Personal Information to perform our responsibilities under our contract with you (e.g. providing the Services you have requested).
– When we or a third party have a legitimate interest in processing your Personal Information. For example, we may process your Personal Information to communicate with you about our Services, to provide, secure, and improve our Services, and, in certain circumstances, to deliver advertising to you. You have the right to object to our processing of your Personal Information that is based on our legitimate interests.
– When we are required by law to process the Personal Information.
For the purposes of our processing of Personal Information in the EEA, the UK or Switzerland, Viacom International Media Networks UK Limited is the Controller. Should you have any questions or would like to make a complaint, you may contact the Controller and our Data Protection Officer at firstname.lastname@example.org.
If you would like to exercise your rights under the GDPR (or similar laws in the UK or Switzerland), please submit your request using our Privacy Rights Manager https://www.viacomcbsprivacy.com/managemyrights.
Please note that, while we will carefully assess every request we receive, your rights may differ according to your place of residence and we may not always have to comply. When this happens, we will explain why.
If you have any unresolved privacy concerns that we have not addressed satisfactorily after contacting us, you have the right to contact the UK or Swiss Data Protection Authority or an EU Data Protection Authority and lodge a complaint.
– The right to access your Personal Information.
– The right to correct/update/rectify your Personal Information.
– The right to delete your Personal Information
– The right to object or restrict to the processing or sharing of your Personal Information
– The rights to addition or disassociation with respect to your data.AUSTRALIAN COMPANIES
– CBS Interactive Pty Limited (ABN 41 092 094 525)
– Network Ten Pty Limited (ABN 91 052 515 250)
– Network Ten All Access Pty Limited (ABN 60 629 391 117)
– Network Ten (Adelaide) Pty Limited (ABN 007 577 666
– Network Ten (Brisbane) Pty Limited (ABN 050 148 537)
– Network Ten (Melbourne) Pty Limited (ABN 008 664 953)
– Network Ten (Perth) Pty Limited (ABN 009 108 614)
– Network Ten (Sydney) Pty Limited (ABN 008 664 962)
– Capice Pty Ltd (ABN 008 655 847)
– CBS International Television Australia Pty Limited (ABN 000 005 925)
– Chartreuse Pty Limited (ABN 008 655 874)
– Elevenco Pty Limited (ABN 147 043 981)
– VIMN Australia Pty Ltd. (ABN 18 107 601 418)
– Nickelodeon Australia (ABN 99 627 643 021)
– Nickelodeon Australia Management Pty Ltd. (ABN 99 627 643 021)
– Paramount Pictures Australia Pty. (ABN 85008573171)
– Paramount Home Entertainment (Australasia) Pty Limited (ABN 29 003 914 609)
– Rosy Haze Productions Pty Limited (ABN 63 630 698 529)
– Springy Productions Pty. Limited (ABN 164 833 229)
– Linbaba’s Story Pty Ltd (ABN 76 632 452 594)BRAZIL
If you are a resident of Brazil, your Personal Information is controlled by MTV Networks Latin America Inc. when you use our Services.
If you are a resident of Brazil, you have certain additional rights under the Brazilian General Data Protection Act:
– The right to confirm the existence of the processing of your Personal Information.
– The right to change your marketing preferences, including the right to withdraw your consent at any time.
– The right to request information about the possibility of denying consent and the consequences of such denial.
– The right to request information about the entities, public or private, with which ViacomCBS shared your Personal Information.
– The right to request anonymization, blocking or elimination when (a) you want us to establish the accuracy of the Personal Information; (b) you need the Personal Information to be maintained even if we no longer need it to establish, exercise or defend legal claims; or (c) you oppose the use of your Personal Information, unless we have verified that we have a legitimate reason for using it.
– The right to review automated decisions made solely on the basis of automated processing of your Personal Information that affects your interests.
ViacomCBS may process your Personal Information using automated decision-making technologies that use algorithms to create a profile about you based on your interactions with our Services that automatically select advertising or content that may of interest to you. However, these technologies do not make automated decisions that may have a legal or significant effect on you without your consent, or that is not permitted under applicable law.
If you are a resident of the People’s Republic of China, your Personal Information is controlled by ViacomCBS Asia (Beijing) Advertising and Media Co. Ltd when you use our Services.
We will only transfer your Personal Information outside of China with your prior express consent or after applying security measures to your data, such as de-identifying your Personal Information prior to the transfer.
If you are a resident of India, your Personal Information is controlled by Nickelodeon India Pvt Ltd or Simon & Schuster Publishers India Private Limited for Simon and Schuster when you use our Services.
If you are a resident of Mexico, your Personal Information is controlled by MTV Networks Latin America Inc. when you use our Services.
If you are a resident of Japan, your Personal Information is controlled by ViacomCBS Networks Japan K.K. when you use our Services.
Attention of ViacomCBS Privacy Team
USAIf we are unable to resolve your request, you may also have the right to lodge a complaint before the proper regulatory authority in your jurisdiction.
Protecting Your InformationWe use reasonable security measures. We are committed to protecting your information. We have adopted commercially reasonable technical, administrative, and physical security procedures to help protect your information from loss, misuse, unauthorized access, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using our Services, but we cannot ensure or warrant the security of any information you transmit to us.
Attention of ViacomCBS Privacy Team