Terms of Use

Last Modified: August 1st, 2024

By using the Services (defined below), you are accepting the Terms of Use. Please read these Terms of Use carefully to understand your rights and responsibilities.

(Not applicable to Quebec residents or where excluded by applicable law) These Terms of Use contain an arbitration clause and a class action waiver clause. By using the Services, you are agreeing that you must pursue your claims in a binding arbitration proceeding (and not a class action) basis.

Welcome to Pluto TV. This is the official Terms of Use Agreement (“Agreement”) for the Pluto TV website, application or other interactive service that includes an authorized link to this Agreement and all other websites, applications and other interactive services you also use that are offered by Pluto Inc. (“Pluto”, “we,” “us” or “our”) (collectively, all such websites, applications and other interactive services, the “Services”). The Services are owned, operated and/or provided on behalf of Pluto, which offers television channel or programming services (such as television networks, websites, applications or other interactive services) and offers other products and services under various brands. In connection with Pluto’s operation of the Services, it is utilizing the materials and services of Viacom International Inc. (“VII”) and the other Affiliates (the “Pluto/VII Entities”). “Affiliates” refers to VII and its parent company, Paramount Global, and all affiliates that Paramount Global directly or indirectly owns or controls.

This Agreement covers the following areas:

  1. Eligibility; Additional Terms; Binding Agreement.
  2. Registration.
  3. Modifications to this Agreement.
  4. Ownership of Intellectual Property.
  5. Advertising.
  6. Rules of Conduct.
  7. Shopping.
  8. Text Messaging Marketing and Promotions.
  9. Postings.
  10. Contest, Sweepstakes, Auctions and Other Promotions.
  11. Certain Products or Services.
  12. Hyperlinks to Third Party Sites.
  13. Deactivation/Termination of Your Registration or Use.
  14. Disclaimers and Limitations of Liability.
  15. Indemnification.
  16. Ads and Malware
  17. Privacy.
  18. Resolution of Disputes; Binding Arbitration; No Class or Representative Actions or Arbitrations.
  19. Governing Law and Jurisdiction.
  20. Miscellaneous Terms.

1. Eligibility; Additional Terms; Binding Agreement

You must be at least 18 years of age (or if higher, the age of majority in your jurisdiction of residence) (“Services Minimum Age”) to use the Services, provided that you may use the Services if you are under the Services Minimum Age if and only if you have the permission of your parent or legal guardian to use the Services, your use of the Services is subject to your parent or legal guardian’s supervision and control, and your parent or legal guardian reads this Agreement with you. Notwithstanding the foregoing, in order to sign up for a user account, you must be at least 18 years of age (or if higher, the age of majority in your jurisdiction of residence).

There may be certain areas on the Services for which you must be at least a certain age to access. If you are not yet the required age for such areas, and/or do not meet any other eligibility requirements of the Services, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the areas and/or Services (as applicable) immediately because by using or attempting to use the areas and/or Services, you certify that you are at least the required age for the areas and meet all other eligibility requirements of the Services and agree to all of the terms and conditions of this Agreement. If you are a parent or legal guardian of a child under the Services Minimum Age, by allowing your child to use the Services, you are subject to the terms of this Agreement and you are responsible for your child’s activity on the Services. You acknowledge that users may be exposed to content that you find objectionable on the Service, and it is your responsibility to determine whether the content on the Services is suitable for you or, if applicable, any child using the Services pursuant to your supervision and control. Some content may not be suitable for individuals under the Services Minimum Age. 

These terms and conditions regarding your use of the Services constitute a legally binding agreement between you, on the one hand, and Pluto, on the other hand.  

In this Agreement, the term “Services” includes all websites and web pages within or associated with the Services (such as third level domain names and other subdomains) as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Services. By using the Services, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and/or services which will be presented in conjunction with those products and/or services (“Additional Terms”), including, but not limited to, any terms that may be provided on the Services relating to the submission of content, media and materials you submit for posting on the Services (“User Content Submission Agreement”) and the rules of participation (“Rules”) which govern certain activities and services such as voting and contests and sweepstakes. The Services’ Additional Terms and the Privacy Policy for the Services (see the Privacy Policy tab for the Services) (“Privacy Policy”) are hereby incorporated in this Agreement by reference. If there is a conflict between this Agreement and Additional Terms for the activity which you choose to participate in, the Additional Terms shall govern. This Agreement will remain in full force and effect as long as you are a user of the Services and, in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement (including, but not limited to, the Privacy Policy and any Additional Terms), such as any indemnifications, warranties and limitations of liability.

The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Services, transmit, receive or exchange data or communicate with the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding the use of the Services and it cannot be modified, except as specifically described below. This Agreement applies regardless of whether you are accessing the Services via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”).

2. REGISTRATION

You may be required to sign up for an account, and select a password and user name (“Pluto User ID”) in order to access and use certain features or functions of the Services. You must be at least 18 years of age (or if higher, the age of majority in your jurisdiction of residence) in order to sign up for a user account. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Pluto User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will keep all your registration information accurate and current, and if your account credentials are compromised or your account is misused, contact us at the address below.

If we offer user registration on the Services, to register as a member of the Services, there may be a few options for you to register. We may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Services. Please read our Privacy Policy, which provides additional information on options we may provide to register on the Services and the information we collect, use, disclose, manage and store. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. To the fullest extent permissible by law and except where excluded by applicable law, we are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

3. MODIFICATIONS TO THIS AGREEMENT

We reserve the right to revise the terms of this Agreement, at any time and from time to time, for any reason in our sole discretion by posting an updated Terms of Use Agreement without advance notice to you, unless required by applicable law. We shall post or display notices of material changes on the Services’ homepage and/or otherwise on the Services and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion, subject to applicable law. Once we post them on the Services, these changes become effective immediately or as otherwise indicated and, if you use the Services after they become effective, it will signify your agreement to be bound by the changes. If you do not agree with any of the changes, please discontinue your use of the Services. You should check back frequently and regularly review the terms and conditions of this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

4. OWNERSHIP OF INTELLECTUAL PROPERTY

The contents of the Services, including all Services' software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of Pluto, and any of its successors and assigns, and any of its respective licensors (for example, certain software on the Services may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Services” includes “Material” as well. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Services. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Pluto. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable laws. We require users to respect the copyrights, trademarks, and other intellectual property rights of Pluto and our licensors. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Services that infringes the copyright rights of others in accordance with applicable law and will disable the access to the Services and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the Services and to promptly end any infringement that might occur. 

5. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties, such as our advertisers, sponsors, or promotional partners, (collectively, the “Advertisers”) as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law and where not excluded by applicable law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

6. RULES OF CONDUCT

Your use of the Services is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password (where applicable). You are also prohibited from using the Services (or attempting to use the Services, or allowing, enabling or condoning others to use the Services) in a manner that:

7. SHOPPING

If we offer certain e-Commerce to enable you to purchase goods and services through the Services (the “E-Commerce Service” or “Shop”), additional terms (such as those available on or through the Shop page) apply to your use and access of the E-Commerce Service which are Additional Terms and incorporated herein by reference.

The Shop on certain Pluto websites, applications or other interactive services utilizes third party operational service providers. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. We and the Pluto/VII Entities are not responsible and have no liability whatsoever (except where excluded by applicable law) for goods or services you obtain through our third party operational service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Pluto and the Pluto/VII Entities do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We and the Pluto/VII Entities are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party operational service provider, even if the goods or services were shown on one of the web pages of the Services. We and the Pluto/VII Entities cannot ensure that you will be satisfied with any products or services that you purchase from any third party operational service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party operational service provider.

We and the Pluto/VII Entities do not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Services do not imply Pluto’s endorsement of such products. Furthermore, customer reviews seen in our Shop are provided by the third party operational service provider’s users and are subject to such third party operational service provider’s own community guidelines. We, the Pluto/VII Entities and our third party operational service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.

8. TEXT MESSAGING MARKETING AND PROMOTIONS

The Services through Pluto may provide you with the opportunity to register for special Promotions, services, news, programming and information (collectively, “Text Service(s)”) delivered via text messaging on wireless Devices such as mobile phones and, if we do so, we will obtain appropriate consent for any Text Services in accordance with the nature of the Text Service and applicable laws, rules and regulations. The Information requested or transmitted as part of the registration process includes your wireless telephone number and may include other information, such as your preferences regarding goods or services, choices of music or artists, or other similar survey information and/or an email address. Depending on the Text Service and the Information collected, you may also be required to confirm your agreement to this Agreement (including, but not limited to, the Privacy Policy and Additional Terms).

If you register for Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall the Services or any programming services available on the Services be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.

You understand, acknowledge and agree that the Services may, at its sole discretion and without liability to you or any user, terminate its offer of any specific Text Service or all Text Services at any time without advance notice. The Services may provide notice of terminations or changes in services on the Services.

9. POSTINGS

Your comments, suggestions and information are important to us. Portions of the Services may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media, materials or other information (collectively, “Posts” or “Postings”). If the Services provides a User Content Submission Agreement, such terms govern any User Content (as defined therein) which are also Postings under this Agreement and such User Content Submission Agreement are Additional Terms under this Agreement.

9.1 Responsibility for Postings; Our Right to Review, Monitor, Edit and/or Screen and Take Other Actions.

You understand, acknowledge and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you (including, but not limited to, Postings made under your name, user name and/or email address) upload, post, email, transmit or otherwise make available via the Services. Except for the licenses, authorizations, consents and rights granted hereunder (including, but not limited to, as described in any User Content Submission Agreement that may be posted on the Services), as comprehensive and broad as they may seem or actually be, we acquire no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content.

Postings do not reflect the views of the Services (or any programming services thereon), and the Services (and any programming services thereon) do not represent or guarantee the truthfulness, accuracy or reliability of any Posting or endorse or support any opinions expressed in any Postings. Neither the Services nor any affiliated programming services on the Services control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing and being displayed on the Services. The Services reserve the right to review, monitor, edit and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable to the Services or any of our affiliated programming services thereon, or for any reason or for no reason whatsoever; provided, however, that neither the Services nor any programming service on the Services shall have any obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make.

If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Services; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Services.

The amount of storage space on the Services per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Postings are subject to all of the terms of this Agreement, including, but not limited to, the Rules of Conduct.

9.2 Grant of Rights; Representations, Warranties and Covenants.

If a Posting originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting, you reaffirm such agreement that): (i) you specifically authorize the Services to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (ii) you represent, warrant and covenant that (A) the Posting is original to you and/or fully cleared for use as contemplated herein, (B) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Posting does not contain libelous, tortious, obscene or otherwise unlawful material or information, (D) the Posting, and the Services’ exercise of the rights you grant to us to the Postings, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (E) the Posting shall not be injurious to the health of any user, (F) neither the Services nor the Pluto/VII Entities shall be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of the Posting, and (G) all of the information provided by you associated with your Posting is complete and accurate; and (iii) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant to the Services and the Pluto/VII Entities that (A) you have the right to grant the Services the right to use all such Postings as described above, (B) the Posting was produced in compliance with all applicable laws and regulations and (C) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and our policies regarding governmental certification procedures relating thereto, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a passport, driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, the Services reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and (where applicable) record-keeping purposes.

Upon the request of the Services, you will promptly furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.

Notwithstanding anything to the contrary, you also understand and agree that to the greatest extent permitted by applicable law, the Services and the Pluto/VII Entities shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting.

9.3 Claims Regarding Content.

If you believe that any content on the Services (including, without limitation, Postings) violates any of the terms of this Agreement, please email us at information@viacom.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, the Services and/or its Advertisers, operational service providers and suppliers may conduct promotions on or through the Services, including, but not limited to, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms, such as the rules governing any voting relating to a Promotion and other rules relating to the Promotion, which will be posted or otherwise made available to you and, for purposes of each Promotion, are Additional Terms and will be deemed incorporated into and form a part of this Agreement.

11. CERTAIN PRODUCTS AND SERVICES

11.1 RSS Feeds and Podcasts.

The Services may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Services that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or (if permitted) transferred to another Device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.

Content is Material and subject to all of the terms of this Agreement, even though you may download, copy and/or transfer to a Device, or through a Device to another Device, the RSS Feeds and associated Content.

By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Services do not warrant that its RSS Feeds will operate on all Devices. Please see the “Disclaimer and Limitations of Liability” section below for further details.

11.2 Mobile Applications.

If the Services offer products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), such as applications you download or text messaging services, these Mobile Application Services are governed by the Additional Terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the applicable Additional Terms, including, but not limited to, the terms presented to you in connection with your download of such Mobile Application Service. In addition, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.

Under no circumstances will the Services or any of the Pluto/VII Entities be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address using any Mobile Application Services.

11.3 Viral Features.

There may be portions of the Services, content, functionality or features (e.g., digital streaming media player(s)) (“Viral Features”) that we make available to users for your personal use. While we can change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit the Services or take advantage of any of these Viral Features, you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Services or any other form of link or re-direction of your connection to, with or through the Services, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Services or any of the Pluto/VII Entities, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if the Services’ or one of our affiliate’s logo(s) or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information or other information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how the Services collect and use your Personal Information and other information and certain of our relationships.

13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE

If the Services offer user registration and you are registered to use the Services, you may deactivate your account on the Services, at any time and for any reason, by logging in to your account, and then following the instructions on the Services to deactivate your account. If you are unable to deactivate your account on this Services using this method or otherwise have questions about how to deactivate your account, please contact us at information@viacom.com. 

We may terminate your use of and where applicable, registration on the Services, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. 

14. DISCLAIMER AND LIMITATIONS OF LIABILITY

To the fullest extent permissible by law and except where excluded by applicable law, the Services, and all Materials, goods and services and Postings are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied (including, without limitation, warranties of merchantability and fitness for a particular purpose) or any guaranty or assurance the Services will be available for use, or that all features, functions or operations will be available or perform as described. Without limiting the foregoing, to the fullest extent permissible by law and except where excluded by applicable law, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions relating to your use of the Services. You understand, acknowledge and agree that, to the fullest extent permissible by law and except where excluded by applicable law, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, Postings and Materials associated with your use of the Services.

You understand and agree that, to the fullest extent permissible by law and where not excluded by applicable law, the Services, Pluto, the Pluto/VII Entities, and their respective successors and assigns, and any of its and their respective officers, directors, employees, agents, representatives, licensors, operational service providers, Advertisers, or suppliers, shall not be liable for any loss or damage of any kind, direct or indirect, relating to the Services or this Agreement, including, but not limited to, compensatory, consequential, incidental, direct, indirect, special or punitive damages, however arising or caused, whether foreseeable or not, regardless of the form of action or the basis or characterization of the claim and even if advised of the possibility of damages. (For Quebec residents only): The foregoing paragraph does not apply to damages that result from the acts of Pluto or the Pluto/VII Entities.

Without limiting the foregoing, where not excluded by applicable law, the Services and Pluto disclaim all liability for any use not specifically authorized or that is in violation of this Agreement or the laws or regulations that may apply to you in any jurisdiction or country.

Notwithstanding any claim that a sole or exclusive remedy that is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that, to the fullest extent permissible by law and where not excluded by applicable law, your sole and exclusive remedy for any loss or damage shall be limited to having Pluto, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for Pluto, to refund any monies actually paid by you to us for the goods or services involved and to terminate and discontinue your use of the Services. You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Pluto assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or Postings. Some jurisdictions do not allow for the exclusion or limitation of certain warranties or the exclusion or limitation of incidental or consequential damages, so some of the exclusions and limitations described in this Agreement may not apply to you.

15. INDEMNIFICATION

You agree to indemnify, defend and hold the Services, Pluto, the Pluto/VII Entities and any programming services offered on the Services, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you.

Pluto reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Pluto in the defense of any such claim, action, settlement or compromise negotiations, as requested by Pluto.

16. ADS AND MALWARE

We take great care and pride in creating the Services. We are on the lookout for technical glitches that affect how the Services work. When we find them on our end, we will endeavor to fix them. Unfortunately, your Device may cause some glitches that affect how you see the Services — and that is beyond our control.

If you experience any unusual behavior, content or ads on the Services, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software that is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Services is working properly, sometimes Malware programs on your Device may interfere with your experience on the Services and on other sites that you visit.

We suggest that you take actions (such as installing reputable third party antivirus software) that may help to clean your Device and that could monitor or prevent future installations of Malware.

Please note that we cannot be responsible for the effects of any third party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you speak with a qualified technician for your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at information@viacom.com 

17. PRIVACY

We respect your privacy and the use and protection of your information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Information in connection with your use of the Services.

18. RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS (Not Applicable To Quebec Residents or where excluded by applicable law)

If you have any dispute with or claim against us or any of our Affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms of Use (a “Claim”), and the Claim is not resolved by contacting our Customer Service department, you and we each agree to attempt to resolve such Claim first through informal negotiation. If we do not resolve the Claim through informal negotiation, the Claim shall be resolved through (i) to the fullest extent permissible by law, binding arbitration or (ii) an individual action in small claims court in the judicial jurisdiction where you reside. If neither of us chooses to resolve the Claim in small claims court, or the small claims court determines that it lacks jurisdiction to resolve the Claim, the Claim must be resolved solely and exclusively by binding arbitration. To the fullest extent permissible by law, class arbitrations and class actions are not permitted under any circumstances. You and we agree that the U.S. Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury where applicable or to participate in a class action or class arbitration to the fullest extent permissible by law. This Section shall survive termination of these Terms of Use and the Services. 

Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to Pluto a written notice of your Claim or we must send a written notice of our Claim to you (“Notice”). Your Notice must (1) be sent by certified mail; (2) be addressed to: Pluto Inc., Attn: Business & Legal Affairs, 1515 Broadway, New York, NY 10036; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after receipt of the Notice of the Claim, either you or we may commence an arbitration or file a small claims court action to resolve the Claim. 

Any such arbitration shall be administered by the JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards (the “JAMS Rules”). Contact information for JAMS, as well as copies of the JAMS Rules and applicable forms, are available at http://www.jamsadr.com. In circumstances in which the JAMS Rules provide for an in-person hearing, such hearing will take place in the judicial jurisdiction where you reside, or otherwise in New York County, New York. Payment of the parties’ costs and fees owed to JAMS will be determined by the JAMS Rules and fee schedule and will be subject to any limitations on the costs and fees owed by you under the JAMS Consumer Arbitration Minimum Standards. You are not required to pay the fees and costs incurred by us if you do not prevail in the arbitration. You and we agree that, under JAMS Comprehensive Rule 6(e), any arbitration commenced by you or by us shall be consolidated with any other arbitration(s) submitted to JAMS if and only if the arbitrations: (a) involve the same legal claims or causes of action; (b) involve common issues of fact and law; (c) were filed by the same attorney(s) or law firm; and (d) are at a similar procedural stage. However, class or representative arbitrations are not permitted under any circumstances.

19. GOVERNING LAW AND JURISDICTION.

(Not applicable to Quebec residents) With the exception of the provision above that the enforceability of Section 18 is governed both procedurally and substantively by the FAA, this Agreement and your use of the Services is otherwise governed by, construed and enforced in accordance with the laws of the State of New York (without regard to that state’s conflict of laws rules).

(Not applicable to Quebec residents or where excluded by applicable law) With respect to any Claims not subject to arbitration or small claims court (as set forth in Section 18 above, to the extent permissible by law), you agree to jurisdiction in the state and federal courts in New York County, New York.

20. MISCELLANEOUS TERMS

This Agreement, together with any Additional Terms, our Privacy Policy and any other regulations, procedures and policies that we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use of the Services. This Agreement cannot be changed or terminated orally and may not be modified except as described in this Agreement. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, to the fullest extent permitted by law, no action relating to this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The section titles in this Agreement are for convenience only and do not have any legal effect.

By downloading any applications as part of the Services, you consent to automatically receive and install future updates to such applications.

The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.

This Agreement was last modified on the date indicated above and is effective immediately.