Effective Date: 04 May 2022
These terms and conditions of use (the “Terms”) govern your use of Paramount Press Express (the “Service”). By using the Service, you are bound by these Terms along with any other separately negotiated instrument pertaining to the Service. If you are using any Service on behalf of your employer, you represent that you have the authority to bind your employer to these Terms. In the event of a conflict between the terms of your employer’s separately negotiated instrument and these Terms, then the separately negotiated instrument shall govern.
2. License Grant
(a) This Service contains certain audio, text, still image, animated image, and/or audiovisual content owned or licensed by Paramount or its affiliates (collectively the “Content”) that Paramount makes available to users for legitimate news and promotional purposes. Paramount grants authorized users a limited, personal, non-transferable, non-assignable, non-exclusive, revocable license to access, view and download and repost the Content for use in connection with bona fide news and editorial reporting and dissemination of Content. Your license to Content terminates once the program, series or talent has left the applicable regular telecast schedule of Paramount or its affiliate, or once the program, series or talent ceases to be carried on a streaming service operated by Paramount or its affiliate. You are responsible for any claims, losses or damages arising from your use of the Content following termination of your license. As between Paramount and you, Paramount is the owner of all rights in the Content, and Paramount may use the Content in any way Paramount deems appropriate.
(b) You are responsible for and liable to Paramount and its affiliates for the actions of any third party to whom you provide access to the Content. The Content rights granted in these Terms will automatically terminate if you violate any of these restrictions. Paramount may terminate the grant of rights at any time upon notice to you in Paramount’s sole discretion. Upon termination for any reason, you must cease all use of the Content and delete any copies of Content in your possession.
(c) You are responsible for obtaining all necessary consents of any applicable guild(s) and/or any artists who appear in, or the Content on the Service, as well as any other consent(s) necessary for your use of the Content. You must obtain any necessary music synchronization licenses or other necessary consents in connection with the music used in the Content.
(d) You may post links to Content available on the Site subject to the restrictions in these Terms.
(e) You must comply with all applicable laws related to your use of the Service or Content.
3. License Restrictions
You may not use the Service or any Content from the Service to do the following or assist others to do the following:
(a) copy, distribute, publish, display or perform or create derivative works of the Content or Service contrary to the grant of rights in these Terms.
(b) sublicense, assign, sell, or lease the Service or Content to third parties without Paramount’s express written consent;
(c) use the Content for any commercial purpose unrelated to news or editorial reporting;
(d) remove any copyright, trademark or other proprietary notations from the Content;
(e) transfer the Content to a person or entity for purposes unrelated to news or editorial reporting;
(f) use the Content to promote third party brands;
(g) mirror the Content on any other server for public access;
(h) sell or lease any Content on a standalone basis;
(i) archive the Content;
(j) allow third parties to download any audio or audiovisual Content from your website, such that all Content must be streamed with digital rights management and not posted as a progressive download or downloadable file;
(k) edit or otherwise alter the Content, except to edit the length of the Content, provided such edits do not alter the literal or dramatic theme of the Content; or
(l) use the Content in any manner that is derogatory or defamatory to Paramount or any person or entity;
(m) transmit any material that is inappropriate, threatening, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that Paramount deems, in its sole discretion, to be otherwise objectionable in connection with the Content;
(n) frame the Service, display the Service in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Paramount and any third party or potentially deprive Paramount of revenue (including revenue from advertising, branding, or promotional activities);
(o) violate any person’s or entity’s legal rights (including intellectual property, privacy, and publicity rights);
(p) transmit files that contain viruses, spyware, adware, or other harmful code;
(q) advertise or promote goods or services using the Content without Paramount’s permission (including by sending spam);
(r) interfere with others using the Service or otherwise disrupt any Service;
(s) transmit, collect, or access personally identifiable information about other users without the consent of those users and Paramount;
(t) engage in unauthorized spidering, scraping, or harvesting Content, contacts or other personal information, or use any other automated means to obtain Content or Paramount information;
(u) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
(v) defeat any access controls, access Paramount systems or any portion of the Service that Paramount has not authorized you to access; or
(w) attempt to use another user’s account credentials, or allow anyone else to use your account credentials.
4. Registration and Access Controls
You are responsible for the confidentiality of your login credentials. You are responsible for all activities that occur from your login credentials. Your login credentials are for your personal use only. If you believe that someone is using any of your credentials, please contact Paramount immediately. Paramount is not responsible for any loss or damage resulting from your failure to notify Paramount of unauthorized use. You must provide Paramount accurate and complete information and must update such information when it changes.
Paramount may change these Terms at any time, so Paramount encourages you to review the Terms periodically. Paramount will notify you by posting a revised copy of these Terms online, or provide notice to you via email or any other means. Any changes to these Terms will become effective as of the date the revised Terms are posted. If you continue to use any Service after Paramount changes the Terms, you accept all changes effective as of the date of the revision. The date at the top of the Terms tells you when it was last updated. If you do not agree with the Terms or any changes Paramount makes, please do not continue to use the Service.
6. Monitoring and Submissions
Paramount may monitor your use of the Service at any time without restriction. If you submit Content of any kind to the Service, you grant Paramount a nonexclusive, royalty-free, perpetual right to use; reproduce; modify; adapt; publish; translate; create derivative works from; distribute; and display such Content throughout the world in all media.
7. Paramount Rights
Paramount may take any of the following actions in Paramount’s sole discretion at any time and for any reason without any liability and without giving you prior notice:
(a) Restrict or terminate your access to any Service;
(b) Change or discontinue any Service;
(c) Deactivate your Service accounts and delete all related information and files in your accounts;
(e) Terminate any links to Content that you may have embedded; and
(f) Remove Content or user submissions.
8. Claims of Copyright Infringement
If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on the Service infringes your copyright, you may notify us using the contact information below. When we receive a notice, we will take appropriate action to address the allegation of infringing material. Your notice must include:
(a) The signature of the copyright owner or owner’s agent, in physical or electronic form.
(b) Identification of the: (i) copyrighted work(s) infringed; (ii) the infringing activity; and (iii) the location of the infringing activity (typically by providing the URL).
(c) Contact information of the notice sender, including an email address.
(d) A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law, and
(e) A statement that the information provided is accurate and the notifier is authorized to make the complaint on behalf of the intellectual property or copyright owner.
Designated agent for claims of copyright infringement: Designated Copyright Agent, 1515 Broadway, 51st Floor, New York, NY 10036 E-mail address of designated agents: email@example.com and firstname.lastname@example.org
9. Cookies and Other Tracking Devices
When you use the Service, Paramount and its service providers may collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use the Service and related applications, your browser and devices communicate with servers operated by Paramount, its business partners, and service providers to operate the Service.
10. Disclaimer of Warranties
Paramount does not warrant: (1) that the Service will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the Service or the hardware, software or information systems hosting or enabling access to them are free of viruses or other harmful code; or (4) that the Service or information available through the Service will continue to be available. Paramount disclaims any express or implied warranties, including non-infringement, merchantability, fitness for a particular purpose, and title. The Service including all related hardware, software and information systems made available to you are provided “as is,” “as available,” and “with all faults.”
Your access to and use of the Service is at your risk. If you are dissatisfied with the Service or any of the Content, your sole and exclusive remedy is to discontinue accessing and using the Service.
Any damages you may incur that arise out of Paramount’s acts or omissions, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting exploitation of any website, property, product, program, television show, motion picture, or other audio/visual Content.
You acknowledge that you may be waiving rights with respect to claims that are unknown or are unsuspected. Accordingly, you hereby waive the benefit of any law, including, to the extent applicable, California civil code § 1542, that otherwise might limit your waiver of such claims. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.
11. Limitation of Paramount Liability
Paramount, its affiliates, and their respective vendors, partners, clients, licensees, licensors, service providers, third-party Content providers, and all officers, directors, shareholders, employees and agents have no liability to you or any third party for any loss or damages of any kind whatsoever in connection with the Service and any user submissions even if foreseeable or even if Paramount has been advised of the possibility of such damages, whether caused in whole or in part by Paramount. You hereby assume all risk and liability arising from your use of the Service. If any limitation of liability is held to fail its essential purpose or is otherwise deemed to be unenforceable, then the maximum cumulative liability of Paramount, arising out of your use of the Service, shall not exceed your direct damages, if any. The limitations in this section apply to all causes of action. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you. In the event of a dispute, you may not under any circumstances enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Service, any Content, or the Paramount programming where the Content is derived from.
You must indemnify, defend, and hold harmless Paramount, its affiliates, and licensors, and all officers, directors, shareholders, employees and agents of all of the foregoing from and against all third party claims, demands, damages, liabilities and costs (including attorneys’ fees) arising out of or in connection with: (a) your use of the Service, including use of or reliance on any Content obtained through the Service; (b) your breach of these Terms; or (c) your violation of any applicable law as a result of your use of the Service. Paramount reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Paramount’s defense of such claim.
13. Choice of Law/Statute of Limitations
These Terms and your use of the Service are governed by the laws of the State of New York, and you irrevocably submit to the exclusive jurisdiction for all actions in the United States of America, New York State, New York County, and agree not to plead to the contrary. To the extent permitted by applicable law, you must bring any claim arising from these Terms within 1 year from the relevant date of your access to the Service that gave rise to the claim.
14. Complete Agreement
These Terms only govern your use of the Service, and other transactions between you and Paramount are subject to other applicable agreements, such as advertising sales terms and conditions. No changes by you to these Terms are valid without express written consent of Paramount in a writing pertaining to these Terms. Paramount may be required by state or federal law to notify you of certain events. Notices will be effective upon our delivering them to you in writing, which may include email. If you do not provide Paramount with accurate contact information, Paramount will not be responsible for failure to notify you. Paramount’s failure to exercise or enforce any provision in these Terms will not constitute a waiver of such provision. These Terms, including all additional terms, conditions, and policies contained or referenced in a mutually executed instrument between you and Paramount constitute the entire agreement between you and Paramount and supersede all prior agreements with respect to your use of the Service. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed and the remainder of the Terms will continue to be valid and enforceable.