TERMS OF USE

Last Updated: July 20, 2020

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION IN SECTION 14 BELOW.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SITE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

  1. Acceptance of Terms

These Terms of Use (“Terms”) apply to the website www.paramountmovies.com and to any website, mobile application or service to which this Terms is linked (the “Site”), an e-commerce service owned and operated by Paramount Home Entertainment Inc. (“We”, “Us”, “Company” or “Paramount”). These Terms apply only to this Site, whether the desktop or mobile version, and not any other site or service operated by Paramount or any Paramount parent or subsidiary. By using or otherwise accessing the Site, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms, and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. If you do not agree to the Terms, then you may not access or use the Site. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy and place an order on your behalf.

  1. Ownership of Content

The Site and all of the products, text, images, audio, code and other material it contains or provides, including but not limited to movies made available for purchase (collectively, the “Content”) is owned by or licensed to Paramount or other authorized third parties, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Movie Content (or other Content made available to order or purchase through the Site or a third-party service) is licensed to you, and is not sold, transferred or assigned to you. Subject to your compliance with these Terms, you have a limited right to access the Content solely for your personal, non-commercial use. Unless expressly permitted in writing by Paramount, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Content. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) duplicate, reproduce, transfer, record or create copies of Content or any portion thereof (including, without limitation, by “burning”, P2P file-sharing, posting, uploading or downloading) onto any physical medium, memory or device except as permitted herein, including, without limitation, CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable format.

Nothing contained in these Terms or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Paramount or such third party that may own the Content or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Any use of the Content other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright and/or patent infringement.
Paramount may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.

  1. User Information

In order to access certain content, material, products or services or to make purchases on the Site, you may be asked to provide certain information including name, phone number, email address, shipping address, billing address, and payment details. Additional information may be collected by Paramount or its third-party providers for security and anti-fraud  or other purposes. You represent that the information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.  Any personal information that you provide to us via the Site is subject to our Privacy Policy.

We do not sell your identifying information such as your name, email address, phone number, or postal address. Some of our brands share identifiers such as cookies and the advertising identifier associated with your mobile or internet-connected device with our advertising partners, and those partners use and share those identifiers to show advertisements that are targeted to your interests. Where a brand does this, it will give you the opportunity to opt out by clicking the “Do Not Sell My Personal Information” link on the home page of the relevant website, mobile and online application, or other service. Please note that when you use these tools on our websites, you will need to renew your choices if you clear your cookies or use a new browser or device.

In addition to the disclosures above, we also disclose personal information to companies to provide analytics services and display advertisements on our Services. These providers may use cookies, web beacons, device identifiers, and other tracking technologies which collect information about your use of our Services. This information may be used by us and others to determine the popularity of our Services, deliver advertising and content targeted to your interests on our Services and on other websites, apps, and other services and to better understand your online activity. You can find more information about this practice or to opt out of your web browsing activity for interest-based advertising purposes, by visiting aboutads.info/choices. Your device may also include a feature that allows you to opt out of the use of information about your use of mobile and online applications for interest-based advertising purposes (“Limit Ad Tracking” on iOS devices or “Opt Out of Personalized Ads” on Android devices).

Please visit http://srp.viacom.com/sitefaq.html for more information on certain key third-party partners that we use in connection with the Services, including partners that provide online behavioral advertising, sometimes called personalized advertising or tailored advertising, and your choices regarding the use of your information.

  1. Orders
  1. Payment

You understand we may use a payment platform or third-party payment processor to process payments, including credit card transactions, made through the Site. By placing an order, you are expressly agreeing that Paramount and its vendors and partners are authorized to charge you any applicable purchase fees or taxes (which may not have been shown to you at the time of purchase, but as indicated in your purchase confirmation email) and any other charges you may incur in connection with your use of the Site to the credit or other payment card or method you provide.  You further agree that we and our payment platform or third-party payment processor may store and use the payment information you provide. For purposes of identification and billing, you agree to provide accurate, complete, and updated information required.

The fees and charges for selected products, applicable taxes and any other fees incurred will automatically be charged to your provided payment method. Fees are payable only in U.S. dollars. Paramount may change the fees and charges in effect or add new fees and charges from time to time.

In some cases, when you purchase digital Content via third party websites, apps or retailers, you may be billed by the operators of such operator which may handle its own billing. Your billing and payment information will be subject to the privacy policies of those third party operators. These transactions still will be subject to these Terms as well as any applicable additional terms of the third party.

All sales are subject to our shipping and return policies, which shall be made available to you on the Site or otherwise delivered to you with your purchased goods. All refunds are in Paramount’s sole discretion.

  1. Order Changes

We reserve the right to refuse any order you place through the Site. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may, in our sole discretion, limit quantities of a product purchased or cancel orders. These restrictions may be imposed on a per-person, per-credit card, per-household, per-order, or any other basis. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.  If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order or arrange for replacement goods of equal value.

Digital codes for electronic redemption of Content may be included with physical media such as a DVD, Blu-Ray, and/or 4K/UHD disc(s) or be sold by an authorized dealer on a standalone basis.  Digital codes that are included with a physical media (“Combination Pack Codes”) may not be sold separately and may be redeemed only by an individual who obtains the code with the physical media, or by a family member of that individual.  Combination Pack Codes are not authorized for redemption if sold separately. You may use digital codes to obtain licensed access to Content only as specifically authorized under these Terms and terms of the third party operator through which you access or download the Content.  Digital codes sold, distributed, purchased, or transferred in a manner inconsistent with these Terms  are subject to being invalidated.

  1. ErrorsInaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

  1. Restrictions on Use

As a condition of using and accessing the Site and Content, you agree that you will not:

You agree to report any violation of these Terms by others that you become aware of. You are advised that Paramount will aggressively enforce its rights to the fullest extent of the law.

  1. Modification of Terms of Use

Except for Section 14, providing for binding arbitration and waiver of class action rights, Paramount reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Site by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

  1. Indemnity

BY USING THIS SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PARAMOUNT AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICER AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS PROPERTY AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.

  1. Disclaimers & Warranties and Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE SITE AND ALL CONTENT AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Paramount reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Paramount is not liable in case of stock outage or unavailability of products.

YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS PROPERTY OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).

BY ACCESSING THIS 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A NEW JERSEY RESIDENT, OR A RESIDENT OF ANOTHER STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE ABOVE LIMITATIONS SPECIFICALLY DO APPLY TO YOU.

Paramount makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Site and/or the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Paramount.

The Internet may be subject to breaches of security. Paramount is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Paramount any information. Paramount makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

  1. Links

The Site may link to other websites, applications or resources. Because Paramount has no control over such sites, applications and resources, you acknowledge and agree that Paramount is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Paramount shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  1. Termination and suspension

Paramount reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Site or associated services (or any part thereof), with or without notice. You agree that Paramount shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or associated services.

We may terminate or suspend all or part of your access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Site will immediately cease.

The following provisions of the Terms survive any termination of these Terms: OWNERSHIP OF CONTENT; INDEMNITY; LIMITATION ON LIABILITY; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; MISCELLANEOUS.

  1. No third party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

  1. Notice and procedure for making claims of copyright infringement

Paramount respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. Our Copyright Agent may be reached at copyrightagent@paramount.com or by mailing:

Paramount Pictures
Attention: Copyright Agent
5555 Melrose Avenue
Admin Building, Suite 121
Hollywood, CA 90038

If you believe that any Content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Company's Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  1. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. By agreeing to these Terms, you agree to resolve any and all disputes with Paramount as follows:

  1. Initial Dispute Resolution

Please email us at termsofuse@paramount.com to address any concerns you may have regarding the Site. The parties shall use their best efforts through our customer service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

  1. Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered as set forth in this Section.

All disputes shall be resolved before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in each case applying the rules and procedures in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. You can find the JAMS rules and procedures here at this link.

To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:

JAMS
1925 Century Park East, 14th Floor
The Watt Plaza
Los Angeles, CA 90067

and (c) send one copy of the Demand for Arbitration to Paramount at:

Paramount Pictures
Attention: Legal
5555 Melrose Avenue
Admin Building, Suite 121
Hollywood, CA 90038

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Paramount will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Paramount will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.

  1. Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PARAMOUNT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

  1. Exception - Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.  You and we agree that if either party has a good faith belief that a dispute falls within the jurisdiction of a small claims court, either party may elect to have such dispute adjudicated in such small claims court, even after the other party initiates an arbitration.  In such case, the party that initiated the arbitration agrees to dismiss or suspend the arbitration and seek to resolve the dispute in small claims court.  Any dispute regarding whether the Dispute is properly within the jurisdiction of a small claims court shall be resolved by the small claims court in the first instance (unless it is unwilling to do so) and not the arbitrator or JAMS. 

  1. 30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address:

Paramount Pictures
Attention: Legal
5555 Melrose Avenue
Admin Building, Suite 121
Hollywood, CA 90038

The notice must be sent within 30 days of June 26, 2020 or your first use of the Site, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Paramount also will not be bound by them.

Paramount will provide 60-days’ notice of any changes to this Section 14. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.

For any dispute not subject to arbitration you and Paramount agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and Paramount shall be governed by the laws of the State of California without giving effect to its conflict of law provisions.

  1. Miscellaneous
  1. Entire Agreement

These Terms (and any additional terms, rules, or conditions that Paramount may post on the Site) constitute the entire agreement between you and Paramount with respect to the Site and supersedes any prior agreements, oral or written, between you and Paramount. In the event of a conflict between these Terms and the additional terms, rules and conditions, the latter will prevail over the Terms to the extent of the conflict.

  1. Waiver and Severability of Terms

The failure of Paramount to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.

  1. Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

  1. Contact Us

Users with questions, complaints or claims with respect to the Site may contact us using the relevant contact information set forth above.