Terms of Use
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CBS Careers Terms of Use Effective Date: January 1, 2008 IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TOU") BEFORE USING THE WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. CBS Corporation ("Company" or "we," "our," or "us") owns this CBS Careers web site, which users may access through our various divisional web sites (the "Web Site”). THESE TOU GOVERN YOUR USE OF THE WEB SITE. These TOU only apply to the Web Site, and not to any other web site or any offline activities by Company (unless specifically stated). You agree to these TOU by accessing or using the Web Site, registering with the Web Site, or by accepting, uploading, submitting or searching for any information or content on the Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITE. Table of Contents
1. Acceptance of Terms Your use of the Web Site is subject to these TOU, which may be updated by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOU. Your use of the Web Site constitutes your acceptance of these TOU. 2. Description of Web Site Services The Web Site currently provide users with the ability to search for employment opportunities, submit their resumes and contact us regarding those opportunities. We may add, change, remove, suspend or discontinue any aspect of the Web Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Web Site without notice or liability. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. 3. Equal Opportunity Employer Company is an equal opportunity employer. Company recruits, employs, trains, compensates and promotes regardless of race, religion, color, national origin, sex, disability, age (40 and over) veteran status, and other protected status as required by applicable law. 4. Intellectual Property Ownership; License The past, present and future Web Site content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Site, including without limitation, the "look and feel" of the Web Site (collectively, "Content") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Company, its parent, subsidiaries, affiliates, or its licensors. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Site. Copying, archiving or storing any part of the Web Site for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Web Site. Subject to your strict compliance with these TOU, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or use a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Site' software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Site create to generate its web pages; or any software or other products or processes accessible through the Web Site; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any services or Content on the Web Site. 5. Links To Other Web Sites The Web Site may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Web Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Web Site. Company may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Company of any Other Site(s) or resources, or their content. The Web Site is only providing these links to you as a convenience. 6. Our Linking Policy Any web site that links to the Web Site: (a) must not frame or create a browser or border environment around any of the Content of the Web Site; (b) may link to, but not replicate, the Content; (c) must not imply that Company or the Web Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Web Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TOU, we reserve the right to deny permission to link to the Web Site for any reason in our sole and absolute discretion. 7. Acceptable Use When using the Web Site, you are prohibited from: (i) violating any law; (ii) violating any right of Company or any third party, including, without limitation, intellectual property rights; (iii) uploading or transmitting viruses, Trojan horses or other harmful, disruptive or destructive files or otherwise interfering with any third party's uninterrupted use and enjoyment of the Web Site; and/or (iv) using or attempting to use another's information, account, password, service or system except as expressly permitted. You represent and agree that you will comply with the above acceptable use policy. 8. User Accounts Registration may be required for the use of certain portions of the Web Site. Registration data and certain other information about you are subject to the CBS Careers Privacy Policy posted at this Web Site. Please read that CBS Careers Privacy Policy for information on how your data will be handled. If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Web Site using your name, e-mail address or password in whole or in part. 9. Software Any software that we make available for download or use from the Web Site and/or our servers (the "Software") is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (the "License Agreement"). Please carefully read the License Agreement and Paragraph 7 above to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE. 10. Information You Submit From time to time, the Web Site may contain functionality through which you can upload information, data, text and other materials to the Web Site (each upload a “Submission”). Company reserves the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your Submission infringes another's copyright or otherwise violates any law, rule or regulation. Your Submission is your sole responsibility. This means that you, and not Company, are entirely responsible for your Submission. Under no circumstances will we be liable in any way for your Submission including, but not limited to, any errors or omissions in your Submission, or for any loss or damage of any kind incurred as a result of your Submission. You represent that your Submission is accurate and is an original work by you or you have all necessary rights in it and to submit it to Company under the terms of these TOU; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the TOU. Except as otherwise described in the posted privacy policy or other agreement on the Web Site at which you provide your Submission and except for resumes and personal information submitted solely for consideration for employment with Company, your Submission will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload, submit or transmit your Submission via the Web Site, you irrevocably grant to Company, its parent, subsidiaries, divisions, affiliates, and partners a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in your Submission, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your Submission. You further agree that Company, its parent, subsidiaries, divisions, affiliates, and partners and the directors, officers, employees, licensees and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of your Submission or portions of your Submission, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using your Submission. You hereby waive any moral rights you may have in and to any of your Submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company, its parent, subsidiaries, affiliates, and partners are not obligated to use your Submission submitted through the Web Site or otherwise, and may alternatively choose to discard, and limit or block access to your Submission without any liability whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any of your Submission including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your Submission. 11. Disclaimer of Warranties THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, IS PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITE; (B) THE CONTENT ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; AND/OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE’S' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT. 12. Disclaimers/Limitation of Liability YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, DIVISIONS OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITE, THE CONTENT, OR YOUR SUBMISSION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT; (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TEN DOLLARS ($10.00). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, DIVISIONS AND/OR AFFILIATES OR YOUR SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING ANY OF THE WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 13. Indemnity You agree to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this TOU, including, without limitation: (a) your use of the Web Site; (b) your violation of these TOU or any law, rule or regulation; (c) your use of the Content; or (d) your Submission. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the terms and provisions of this Section 13 and in no event shall you settle any such claim without Company's prior written approval. 14. Governing Law THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. 15. Jurisdiction and Venue You waive all rights to trial by jury in any action or proceeding instituted in connection with these TOU and/or the Web Site. Any controversy or claim arising out of or relating to these TOU and/or the Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 16 of these TOU and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York. You waive the defense of forum non conveniens. 16. Miscellaneous You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and the Content, including, without limitation, those governing your transmission or use of any software or data. These TOU and any applicable additional terms contain the sole and entire agreement between the parties with respect to the Web Site, the Content and your Submission and supersede any and all other prior written or oral agreements between them. The section titles in these TOU are for your convenience only and do not have any legal or contractual effect. You agree that these TOU will not be construed against Company by virtue of having drafted these TOU. If any provision of these TOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TOU. No waiver on the part of Company of any of these TOU will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. 17. Termination You understand and agree that Company will determine your compliance with these TOU in its sole discretion. Company reserves the right to deny access to all or part of the Web Site and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation. |