Paramount+ Subscription Terms Australia

LAST UPDATED: AUGUST 10, 2021

Welcome to the Paramount+ Service, provided by Network Ten All Access Pty. Ltd. (ACN 629 391 117) and CBS Interactive Inc. (“we”, “us”, “our”, or “Paramount Streaming Australia”). These Terms of Use, along with our Privacy Policy (collectively “Terms”) govern your use of the Paramount+ Service, including the website, application, user interfaces, content, features and functionalities, and other products and services associated with the Paramount+ Service (collectively, the “Service”).

Please review these Terms carefully before using the Service because they affect your rights. By using the Service, you accept these Terms and agree to be legally bound by them.

1. Changes These Terms of Use are effective as of the Effective Date above. If you have not reviewed the Terms of Use since the Effective Date, please review these updated Terms of Use carefully before using the Service. We may change these Terms of Use in the future, so we encourage you to review periodically the Terms of Use. The most current version of the applicable Terms of Use (along with its effective date) will be linked from the Service. If you do not agree with any changes to these Terms of Use, your sole remedy is to cancel your subscription. If you continue to use the Service after we change these Terms of Use, you accept all changes.

2. Privacy Policy; Additional Terms Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Service, and you consent to our use of data in compliance with the Privacy Policy, as may be updated by Paramount Streaming Australia from time to time.

Sweepstakes, contests, and promotions on the Service may have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.

3. Registration Requirements and Access Controls To set up a user account, you must provide us with accurate and complete information, and must update the information when it changes.

4. Intellectual Property; Limited Use License The Service is protected by intellectual property and other laws in the U.S., Australia and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Service. As between you and Paramount Streaming Australia, Paramount Streaming Australia will retain all right, title, and interest in and to the Service. No transfer of ownership to any portion of the Service shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Service.

Subject to your compliance with these Terms, Paramount Streaming Australia hereby grants, and you hereby accept, a limited, non-exclusive license to access and view the Service for personal, non-commercial purposes in accordance with these Terms. You may not build a business or other enterprise utilizing any part of the Service, whether for profit or not. Except as expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Service; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Service; license or sublicense any part of the Service; or in any way exploit any part of the Service. In addition, except as expressly authorized by us in writing, you are strictly prohibited from modifying the Service; creating, distributing or advertising an index of any significant portion of the Service; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Service.

Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Service without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality.

5. Legal Complaints Paramount Streaming Australia respects intellectual property rights. If you believe that content on the Service infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.

6. Third-Party Content We may provide third party content (including advertisements) or link to third party websites on the Service. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to connect and/or link your account to certain third party social media sites (“Social Media Sites”), including, without limitation, Facebook and Twitter. BY CONNECTING OR LINKING YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE SOCIAL MEDIA SITE (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA SITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE. Please see our Privacy Policy for additional information.

7. Billing

8. Mobile Features In addition to the general terms applicable to the Service, the following terms apply to features designed for wireless devices (“Mobile Features”).

Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.

You may not transfer or copy any content from the wireless device on which you originally received content to any other device, including, without limitation, any computer or another wireless device.

You may not transfer or copy any content from the wireless device on which you originally received content to any other device, including, without limitation, any computer or another wireless device.

9. Acceptable Use Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:

If you violate this Section 9, Paramount Streaming Australia may terminate your access to the Service without notice, and take any other actions or seek any remedies permitted by law.

10. Access to Service and Accounts If necessary or convenient for operational or business reasons, we may take any of the following actions at any time:

Except where Paramount Streaming Australia takes such action as a result of your material breach of these Terms, if Paramount Streaming Australia determines there will be a material adverse impact on the Service you receive (or if you will no longer receive the Service), it will provide you with 30 days’ notice where reasonably practicable. To the fullest extent permitted by applicable law and subject to Section 13.1, we will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If Paramount Streaming Australia terminates your access to the Service, you must immediately stop using such Service. However, if we discontinue the Service before the end of your paid subscription period, or we terminate your account before the end of your paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the Service. If Paramount Streaming Australia terminates your access to the Service because you materially breached these Terms, you will not be entitled to any refund.

11. Unsolicited Submissions Paramount Streaming Australia does not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, suggestions, ideas or concepts. It is Paramount Streaming Australia’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any Paramount Streaming Australia creative work would be purely coincidental.

12. Indemnification You will defend, indemnify and hold harmless Paramount Streaming Australia, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Paramount Streaming Australia Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Service (including, without limitation use of your account, whether or not authorized by you). Paramount Streaming Australia retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 12 without Paramount Streaming Australia’s prior written approval.

13. Liability

14. Governing Law, Venue, and Jurisdiction These Terms and all claims as between you and us arising from or related to your use of the Service will be governed by and construed in accordance with the laws of the State of California, except California’s conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in San Francisco, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

To the extent permitted by law, you must file any claim or action related to use of the Service or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

For the avoidance of doubt, these terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

15. Miscellaneous We may be required by state/territorial or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the Service or delivering them to you via email. You may update your email address by visiting the Service. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Service, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. 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.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Service, or as otherwise.

If you do not agree to these Terms, you should immediately stop using the Service. If you want to delete your account, you must first cancel your subscription before you will be able to delete your account. Then, please use contact instructions posted on the Service.

Sections 4, 9-15 of these Terms will survive any termination of your access to the Service, whether we terminate your access or you voluntarily discontinue your use. Upon termination for any reason, the license granted in Section 4 will immediately terminate.