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wireless alerts end user license agreement
 


DO NOT SIGN UP TO ACCESS CBS WIRELESS ALERTS UNLESS YOU HAVE READ AND AGREE TO BE BOUND TO THE TERMS SET FORTH IN THIS END USER LICENSE AGREEMENT. BY ACCESSING, RECEIVING OR DOWNLOADING ANY CBS WIRELESS ALERTS YOU AGREE TO THE TERMS SET FORTH IN THIS END USER LICENSE AGREEMENT.

CBS Digital Media, a division of CBS Broadcasting Inc. ("CBSDM") provides its various wireless alerts services ("Wireless Alerts") to you ("you" or "your"), subject to this CBS Wireless Alerts End User License Agreement ("EULA"), which may be updated by CBSDM from time to time without notice to you. It is important for you to refer to this EULA from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this EULA. You can review the most current version of this EULA at any time at the CBS web site where this EULA is posted ("Wireless Alerts Site"). Please also review Terms of Service and Privacy Policy posted at the Wireless Alerts Site, which are also applicable to the Wireless Alerts. As between this EULA and the legal documents referenced above, this EULA controls your access to Wireless Alerts.

1. Definitions.

"Wireless Content" means all content CBSDM makes available to you as part of the Wireless Alerts, including, without limitation, all images, text, technology, applications, artwork, copy, information, data and all related trademarks, service marks, trade identities, patents and copyrighted materials and all other intellectual property and proprietary information contained in that content.

"Wireless Device" means wireless devices that have the required technology and are able to receive Wireless Alerts.

2. License, Proprietary Rights and Restrictions on Use.

United States. Wireless Alerts are only available to users who are eighteen (18) or older and located in one of the fifty (50) United States or the District of Columbia (collectively, the "Territory") and are not available to end users in any other location.

Wireless Content License. Subject to your compliance with this EULA, CBSDM will grant you a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view the Wireless Content in the form delivered to you only) solely on your Wireless Device. Nothing in this EULA will be interpreted to mean, and CBSDM does not grant you any right or license in any other CBSDM materials or other proprietary images, trademarks, copyrighted works, patents, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.

No Sublicense or Sale of Wireless Content. Nothing in this EULA will be interpreted to mean, and CBSDM does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Wireless Content or to otherwise rent, sell, lease, loan, transfer, assign, sublicense, distribute or allow access to the Wireless Content. You agree that you will not charge any person or entity to view any Wireless Content, display any Wireless Content to the public (for free or for a fee), allow the public to view any Wireless Content (for free or for a fee) or broadcast any Wireless Content (for free or for a fee) in any manner.

Copyright Notices. The Wireless Content is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by CBSDM. You will abide by any and all additional copyright notices, information, or restrictions contained in the Wireless Content or as CBSDM otherwise may impose from time to time. Moreover, you agree that you will not remove any proprietary notices or labels contained in or on the Wireless Content.

Further Restrictions. You represent, warrant and covenant that you will not reverse engineer, decompile, translate, modify, obscure or develop derivative works based on, the Wireless Content. You agree that you will not transfer or copy any Wireless Content from the Wireless Device on which you originally received Wireless Content to any other device, including, without limitation, any other Wireless Device.

No Contest of Rights. You acknowledge and agree that, you will not directly or indirectly contest or challenge or aid or abet in contesting or challenging the validity or ownership of the Wireless Content or take any action whatsoever in derogation of CBSDM's rights therein or in breach of any terms and conditions contained in this EULA. You acknowledge and agree that you will not acquire or claim any rights in the Wireless Content or aid or abet anyone else in doing so.

Reservation of Rights. Any and all rights to use any Wireless Content not expressly granted to you under this Agreement are hereby reserved for CBSDM. Nothing contained in this Agreement will affect, impair, or limit in any way CBSDM's rights to exploit fully any or all of the Wireless Content.

Proprietary Rights. You acknowledge and agree that CBSDM owns and will retain all rights, title and interest in and to the Wireless Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade identities, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.

No License to CBSDM Trademarks. Nothing in this EULA will be interpreted to mean, and CBSDM does not grant you any right or license in any CBSDM trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with CBSDM, its parents, subsidiaries or affiliates, in any manner whatsoever.

3. Payments and Additional Requirements for Wireless Alerts.

Prices and Authorization. You acknowledge that your wireless provider may charge you fees for receiving the Wireless Alerts (including, without limitations, SMS (Short Messaging Service)) fees and/or MMS (Multimedia Messaging Service) fees). You acknowledge and agree that you are solely responsible for all payments to your wireless provider in connection with your use of the Wireless Alerts. CBSDM may charge you an automatically recurring monthly fee at the start of each monthly billing cycle for the Wireless Alerts ("Monthly Fee") and you agree to pay the applicable charges incurred by you. Any Monthly Fee charged by CBSDM is disclosed on the Wireless Alerts Site and will be charged on your wireless telephone bill. Until you affirmatively request to stop receiving Wireless Alerts (as set forth below), any Monthly Fee will be automatically charged as set forth above

CBSDM reserves the right to charge or change premium prices for Wireless Alerts at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. CBSDM will notify you by text message if a change in price is pending, and you will be asked to re-confirm your subscription.

Stop Wireless Alerts. To stop Wireless Alerts, you must text the word "STOP", "CANCEL", "END", "UNSUBSCRIBE" or "QUIT" to 55888 for ET To Go or 99888 for CBS News To Go and CBS Sports Mobile Alerts. [NOTE: Please include the STOP information for all Wireless Alerts services on which this EULA will be posted or revise the prior sentence to read: To stop Wireless Alerts, reply with the word "STOP", "CANCEL", "END", "UNSUBSCRIBE", or "QUIT" to a wireless message or text with any of the prior words to the short code on the sign-up page for your Wireless Alerts] CBSDM will process your request automatically (within one business day at the latest). If you stop Wireless Alerts in the middle of your monthly cycle, you will not be charged for the following month, but you will not receive any refund for the current monthly billing cycle.

Refunds. CBS will not provide any refunds, however, if you have technical problems receiving the Wireless Alerts, please contact your carrier regarding your remedies.

No Equipment Provided. CBSDM will not be obligated to, and you acknowledge that CBSDM will not, provide any wireless device or service or any other equipment or service in connection with your use of the Wireless Alerts. You will be solely responsible for all wireless devices and services through which you can access the Wireless Alerts and the Wireless Content.

Wireless Alerts Support. For assistance with the Wireless Alerts service or for order/cancellation inquiries, please contact us at wirelessalerts@cbs.com, or call 1-800-915-9892. For assistance with billing questions, please contact your wireless carrier directly. [NOTE: Please confirm that this number is generally applicable to all wireless alerts offered by CBSDM]

4. Accounts

If you choose to provide information to CBSDM, you agree to provide only true, accurate, current and complete information and you agree to update that information to ensure that it remains current and accurate. 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 information or portion of a CBS web site using your name, user name or password in whole or in part. CBSDM will not be liable to you for any loss or damage arising from you account. Information we save about you in connection with your account and the Wireless Alerts may be combined with other information we learn about you through other CBS web sites.

5. Additional Restrictions

You agree not to do any of the following in connection with Wireless Alerts:

a. impersonate any person or entity, or otherwise disguise the origin of any content transmitted to CBSDM, including forging any TCP/IP packet header or any part of the header information in any transmission to a CBS web site for any reason;

b. violate any applicable local, state, federal or international law, rule or regulation; or

c. use information, a wireless account number, a Wireless Device or any financial information that does not belong to you or for which you do not have permission to use.

6. Disclaimer of Warranties.

THE WIRELESS ALERTS, INCLUDING, WITHOUT LIMITATION, ALL WIRELESS CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT VIA THE WIRELESS ALERTS OR ANY CBS WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CBSDM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE WIRELESS CONTENT MADE AVAILABLE TO YOU THROUGH THE WIRELESS ALERTS; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WIRELESS ALERTS; (C) THE ABILITY OF THE WIRELESS ALERTS TO WORK WITH ANY PARTICULAR WIRELESS DEVICE; OR (D) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WIRELESS ALERTS, YOUR WIRELESS DEVICE, OR ANY CBS WEB SITE. CBSDM DOES NOT WARRANT THAT THE WIRELESS ALERTS, THE FUNCTIONS CONTAINED IN THE WIRELESS ALERTS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETE, ACCURATE, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WIRELESS ALERTS OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CBSDM DOES NOT REPRESENT OR WARRANT THAT YOUR ACTIVITIES OR USE OF THE WIRELESS SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WIRELESS ALERTS, INCLUDING, WITHOUT LIMITATION, THE WIRELESS CONTENT, 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 WIRELESS ALERTS, INCLUDING, WITHOUT LIMITATION, THE WIRELESS CONTENT. FURTHER, CBSDM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

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.

7. Limitation of Liability.

NEITHER CBSDM NOR ITS PARENTS, SUBSIDIARIES OR AFFILIATES WILL BE LIABLE FOR THE USE OF THE WIRELESS ALERTS OR ANY DAMAGE TO ANY USER'S COMPUTER OR WIRELESS DEVICE, 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.

UNDER NO CIRCUMSTANCES WILL CBSDM OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE WIRELESS ALERTS, ANY CBS WEB SITE OR YOUR WIRELESS DEVICE OR ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CBSDM OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WIRELESS ALERTS, ANY WIRLESS CONTENT, ANY CBS WEB SITE OR YOUR WIRELESS DEVICE, EVEN IF FORESEEABLE OR CBSDM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER IN AN ACTION BASED IN TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. 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 WILL CBSDM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE MONTHLY CHARGE FOR THE MONTH IN WHICH THE ALLEGED DAMAGE, LOSS, OR CAUSE OF ACTION WAS INCURRED.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CBSDM'S ACTS OR OMMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY CBSDM PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW OR MOTION PICTURE, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY CBSDM PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW OR MOTION PICTURE OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

BY AGREEING TO THIS EULA, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU 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."

8. Indemnity.

You agree to defend, indemnify and hold harmless CBSDM and its parents, subsidiaries, and affiliates 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 your breach of this EULA, including, without limitation, your use of the Wireless Alerts, the Wireless Content, or a CBS web site. Notwithstanding the foregoing, CBSDM 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 CBSDM under the terms and provisions of this Section 8 and in no event will you settle any such claim without CBSDM's prior written approval.

9. Governing Law; Jurisdiction and Venue.

THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS WILL 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. Any cause of action filed by you with respect to this EULA or use of the Wireless Alerts must be filed within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred.

10. Termination/Modification.

You understand and agree that CBSDM may modify, suspend or discontinue the availability of the Wireless Alerts. CBSDM may also impose limits on certain features and services or restrict or deny your access to parts or all of the Wireless Alerts in its sole discretion without notice or liability of any kind.

You understand and agree that CBSDM will determine your compliance with this EULA in its sole discretion. CBSDM reserves the right to terminate this EULA (and the license contained in this EULA) at any time in its sole discretion without notice or liability of any kind. Any violation of this EULA may be referred to law enforcement authorities. Upon termination of your user account or the license granted by CDSDM, or upon demand by CBSDM, you must destroy all materials obtained from CBSDM and all related documentation, including, without limitation, any Wireless Alerts. In the event of any termination by CBSDM, you will not be entitled to any refund of Monthly Charges or other fees.

11. Miscellaneous.

You agree to comply with all rules, laws and regulations that are applicable to your use of the Wireless Alerts, including, without limitation, those governing your transmission or use of any software or data. This EULA contains the sole and entire agreement between the parties with respect to the use of the Wireless Alerts and supersedes any and all other prior or contemporaneous written or oral agreements between them. Captions contained in this EULA are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this EULA or the intent of any provision of this EULA. No waiver of any of the terms in this EULA will be of any force or effect unless made in writing and signed by a duly authorized officer of CBSDM. It is the intent of the parties to this EULA that neither this EULA, nor any covenant in this EULA, will be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties to this EULA that said rule not be applicable to this EULA. You may not assign or transfer any of the rights or obligations that arise under this EULA to any third party without the prior written consent of CBSDM. If any provision of this EULA will be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action will be strictly construed and will not affect the validity or effect of any other provision of this EULA.