CBS Systems respects your privacy, and is committed to safeguarding the privacy
of its web site visitors. Please read the following statement.
Before you register for the service, you must read and agree to the following terms
and conditions and policies, including any future amendments. This CBS SYSTEMS CORP,
(the "User") and CBS SYSTEMS CORP. The Agreement governs your use of CBS On Demand
("Services"). Your uses of the Services are conditional on your acceptance of this
Agreement. By using any Service or by checking the acceptance box at the end of
this Agreement, you accept and agree to be bound by all the terms and conditions
of this Agreement, as well as any additional terms specific to the particular Services
for which you register.
CBS SYSTEMS CORP. will provide you with the Services for which you register on CBS
SYSTEMS CORP.'s Website, subject to the terms and conditions of this Agreement.
The fees referred to in this Agreement are reflected on the CBS SYSTEMS CORP. website.
You acknowledge that the Services may be also offered in various separately priced
service levels or packages ("Service Plans"), and you will only receive the Service
Plan that you have registered for. Descriptions of each Service, and the various
Service Plans that are available for each Service, are available on CBS SYSTEMS
To sign up for or receive the Service, you must submit or maintain on file with
CBS SYSTEMS CORP. certain registration data, as requested by CBS SYSTEMS CORP.'s
online registration form for the Service. Such registration data shall include,
but not be limited to, your company, name, credit card information, address, e-mail,
address and Website URLs. CBS SYSTEMS CORP. reserves the right, in its sole discretion,
to refuse any registration or Service activation request for any reason or no reason,
and shall not be obligated to provide any Service to you. CBS SYSTEMS CORP.'s use
SERVICES DURATION AND CANCELLATION
Unless stated otherwise on CBS SYSTEMS CORP.'s Web pages, Services will be provided
as stated on the Website for the full length specified. At any time after activation
of the Service, either you or CBS SYSTEMS CORP. may cancel that Service or CBS SYSTEMS
CORP. may discontinue the Service completely by providing written hardcopy or electronic
notice to the other party, in which case the Service will terminate on the date
specified in the cancellation notice. If no date is specified, the Service will
terminate at the end of the originally specified period. CBS SYSTEMS CORP. also
reserves the right to cancel any individual Service immediately and without notice
in the event that you breach any provision of this Agreement or any other terms
that apply to that Service.
USE OF SERVICES
Services rely on the use of HTML code to provide your promotions based on the rules
selected. Subject to your compliance with all the terms of this Agreement, CBS SYSTEMS
CORP. will provide you HTML code or software or SQL Scripts for inclusion on your
website and database. You agree to follow all instructions and restrictions provided
to you by CBS SYSTEMS CORP. with respect to your use of the Service/Software. YOU AGREE THAT CBS SYSTEMS CORP. WILL
NOT BE RESPONSIBLE FOR ANY MALFUNCTIONS, ERRORS, DATA INACCURACIES, OR IMPROPER
RESULTS ATTRIBUTABLE TO YOUR USE, WHETHER USED CORRECTLY, INCORRECTLY, OR BY UNAUTHORIZED
OR UNSUPPORTED USE. The User is responsible to upload and manage the
content and rules in accordance to process defined by CBS SYSTEMS CORP. By entering
into this Agreement and uploading, content, you are directing and authorizing CBS
SYSTEMS CORP. host and display the content as directed. CBS SYSTEMS CORP. will store
the promotions in secure data storage and will retain until the User selects to
delete the files or terminate the agreement.
PRICING CHANGES, UPGRADING, DOWNGRADING AND OTHER MODIFICATIONS
CBS SYSTEMS CORP. services are billed on a subscription basis. CBS SYSTEMS CORP.
may change or withdraw the terms of the free trial Service, or any other terms of
this Agreement, at any time by updating the applicable information or other terms
posted on CBS SYSTEMS CORP.'s Website. New pricing terms will become effective immediately
after CBS SYSTEMS CORP. posts such changes to its Website. If you do not agree to
any changes posted by CBS SYSTEMS CORP. in accordance with this Section, you must
cancel your account or the affected Service as provided herein before the given
changes become effective; otherwise you will be deemed to have accepted and agreed
to the changes. Additional modifications to these terms and conditions may be made
in special circumstances, but only if approved in advance in a signed writing on
CBS SYSTEMS CORP.'s letterhead by an authorized management-level CBS SYSTEMS CORP.
official. Product sales and support representatives are not authorized to waive
or modify any provisions of this Agreement. No failure by CBS SYSTEMS CORP. to enforce
any term of this Agreement shall be construed as a waiver thereof, nor shall it
affect your obligations or CBS SYSTEMS CORP.'s rights and remedies hereunder.
Customer shall be responsible for all charges or as set in an online account, and
shall pay all charges in U.S. Dollars or in such other currency as agreed to in
writing by the parties. Unless agreed to by the parties in writing, Customer shall
pay all charges in accordance within 30 days. Late payments bear interest at the
rate of 1.5% per month (or the highest rate permitted by law, if less). Charges
are exclusive of taxes. Customer is responsible for paying (y) all taxes, government
charges, and (z) reasonable expenses and attorneys fees CBS SYSTEMS CORP. incurs
collecting late amounts. To the fullest extent permitted by law, Customer waives
all claims relating to charges (including without limitation any claims for charges
based on suspected invalid impressions) unless claimed within 60 days after the
charge (this does not affect Customer's credit card issuer rights). Charges are
solely based on CBS SYSTEMS CORP.’s measurements for the Services, unless otherwise
agreed to in writing. To the fullest extent permitted by law, refunds (if any) are
at the discretion of CBS SYSTEMS CORP. and only in the form of advertising credit.
Nothing in these Terms may obligate CBS SYSTEMS CORP. to extend credit to any party.
Customer acknowledges and agrees that any credit card and related billing and payment
information that Customer provides to CBS SYSTEMS CORP. may be shared by CBS SYSTEMS
CORP. with companies who work on CBS SYSTEMS CORP.'s behalf, such as payment processors
and/or credit agencies, solely for the purposes of checking credit, effecting payment
to CBS SYSTEMS CORP. and servicing Customer's account. CBS SYSTEMS CORP. may also
provide information in response to valid legal process, such as subpoenas, search
warrants and court orders, or to establish or exercise its legal rights or defend
against legal claims. CBS SYSTEMS CORP. shall not be liable for any use or disclosure
of such information by such third parties
By signing up and/or registering for services, trials, subscription or any offerings,
paid or free of charge, you agree to be added to CBS SYSTEMS CORP.'s promotional
mailings and e-mail updates. You always have the option of opting out (removing
yourself from such mailings) by contacting CBS SYSTEMS CORP. and request to be removed
from the list. Your information will never be given or sold to any one outside CBS
YOUR PROMISES AND OBLIGATIONS - AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE,
REPRESENT, AND WARRANT THE FOLLOWING.
All of the registration information you supply to CBS SYSTEMS CORP., is true,
complete, and accurate, and you will notify CBS SYSTEMS CORP. of any changes to
your registration data during the term of this Agreement and submit updated information
within ten (10) days of any such changes.
None of the Promotions you submit to CBS SYSTEMS CORP. link to any Web page
or site that contains any: Nudity, pornography, or other sexual or adult material;
Hate propaganda or material that encourages or promotes illegal activity or violence;
Content that violates or infringes in any way upon the statutory, common law, or
proprietary rights of others, including but not limited to copyrights, trademark
rights, patents, or any other third party intellectual property, contract, privacy,
or publicity rights; Material that promotes or utilizes software or services designed
to deliver unsolicited e-mail; Viruses, trojan horses, time bombs, or any other
harmful programs or elements; Misrepresentations or material that is threatening,
abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable,
offensive, or harmful; or Other material that CBS SYSTEMS CORP., in its sole discretion,
deems inappropriate, including any violations of standards posted on CBS SYSTEMS
CORP.'s Website or sent to you by e-mail.
You will safeguard your account user name and password by not disclosing your
password to any third party, and you will assume responsibility for any and all
harm or liability attributable to you or any other person accessing your account
or any Services with your user name and password.
You will not copy, sell, redistribute, license, sublicense, or otherwise transfer
your account, or any materials provided to you in connection with the Services,
to any third party without CBS SYSTEMS CORP.'s written consent.
- You will treat any and all consumer information gathered for you or transmitted
to you via the CBS SYSTEMS CORP. Website or Services in accordance with CBS SYSTEMS
You will comply with all federal laws and regulations governing your actions
under this Agreement.
You have full power and authority to enter into this Agreement and to perform
your obligations hereunder. Without limiting its other remedies, CBS SYSTEMS CORP.
may refuse or cancel your account or Services at any time for any violation of the
foregoing promises. To assure compliance with the criteria in Subsection (b) above,
CBS SYSTEMS CORP. reserves the right to monitor the content of the Web pages or
sites that correspond to the URLs you submit to CBS SYSTEMS CORP.
You agree and understand that the Services and all graphic designs, icons, HTML,
code, computer programming, and other elements incorporated therein are the exclusive
property of CBS SYSTEMS CORP. In addition, you acknowledge that CBS SYSTEMS CORP.
owns all right, title, and interest in and to CBS SYSTEMS CORP.'s trademarks, trade
names, service marks, inventions, copyrights, trade secrets, patents, technology,
software, and know-how related to the design, function, or operation of the Service.
Your rights to the Services are strictly limited to the rights expressly granted
in this Agreement.
DISCLAIMER OF WARRANTY
CBS SYSTEMS CORP. makes no guarantees of any kind regarding the use or the results
derived from any Services in terms of dependability, accuracy, security, timeliness,
availability, reliability, or usefulness. The Services and all related materials
are provided "AS IS" without warranty of any kind. CBS SYSTEMS CORP. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CBS SYSTEMS CORP. DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED
APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE,
SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.
LIMITATION OF LIABILITY
IN NO EVENT WILL CBS SYSTEMS CORP. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT
LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION,
UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT CBS SYSTEMS CORP. IS NOTIFIED
OF THE POSSIBILITY OF SUCH DAMAGES.