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As of August, 2016
PLEASE READ THE FOLLOWING TERMS OF SERVICE FOR THE NIELSEN SERVICES. BY CHECKING THE BOX ON THE REGISTRATION PAGE, YOU CONFIRM THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY LICENSING THE SERVICE (“COMPANY”) AND/OR AUTHORIZED USER (EACH, A “USER”), AND THAT USER CONSENTS TO BE BOUND BY THESE TERMS AS A CONDITION TO USING THE NIELSENSERVICE, THROUGH THE WEBSITE PORTAL. IF USER DOES NOT ACCEPT ANY OR ALL OF THE TERMS, USER’S ACCESS TO THE SERVICE WILL BE DENIED.
GENERAL. These Terms of Service and any service specific terms and conditions (collectively, “Terms”) apply when the User views, accesses, or uses the Nielsen services through the proprietary Nielsen website portal (“Website”) through any devices (“Devices”). The Website provides Users access to Nielsen’s proprietary information, technology, data, images, graphics, sounds, software and other components, including third party content (collectively referred to as the "Content"). In the event that User is an authorized representative of a Company that licenses the Website and/or the services under service agreement(s) or other agreement(s) (“Service Agreements”), User’s access to and use of the Website and services is subject to these Terms in addition to the terms and conditions of the Service Agreements. In the event of a conflict between these Terms and the Service Agreements, these Terms shall govern with respect to Company’s and User’s receipt and use of the Service and/or Content through the Website, but the Service Agreements will continue to govern in all other respects. Nielsen may revise these Terms, in whole or in part, at any time in its sole discretion and will post such revised Terms. User’s continued access to Website and/or Content will be subject acceptance of the revised Terms. Nielsen may update or provide new versions of the Website from time to time.
OWNERSHIP. All Content is protected by U.K. and international intellectual property laws and is owned or controlled by Nielsen or third parties. Nielsen and such third parties reserve all right, title and interest in the Content. Any unauthorized use of the Content may violate copyright, trademark and other laws and intellectual property rights of Nielsen or third parties and may give rise to a claim for damages and/or be a criminal offense. The Content contained in the Website is provided for lawful purposes only. Such prohibited uses are set forth below.
PROHIBITED USES. The Website and Content shall be used solely for User’s or Company’s internal business purposes. Except as specifically permitted under the terms of Company’s Service Agreements with Nielsen or otherwise permitted by Nelsen in writing, User shall not (i) transfer, share, copy, republish in any medium, sublicense, lease, rent, lend, distribute or disclose the Website and/or Content, in part or in whole, to any third parties; (ii) incorporate the Content, or any portion thereof, in any other material or work distributed or disclosed to others; (iii) reuse or "scrape" any Content for use in another service, website, or application; (iv) modify, distribute, decompile, reverse engineer or copy any part of the Website and/or Content; or (v) use, or permit or allow the use of, any part of the Website and/or Content in any legal or government proceedings (including, but not limited to, any use in litigation and/or use with any governmental investigatory, regulatory or other body or authority). User’s obligations under this section are not changed in any way by the publication of Content, in whole or in part, in any manner whatsoever by Nielsen or by others.
PERMITTED USES FOR INDIVIDUAL USERS. User may disclose Limited Excerpts (meaning Content that is not of sufficient quantity or quality as to have independent commercial value, as determined by Nielsen in its sole discretion) to third parties solely for marketing and promotional purposes and in an editorial context; provided, however, that such Limited Excerpts are properly sourced to Nielsen and are rounded estimates and not actual, specific numbers, do not claim Nielsen as the source of any independently generated information, and are not presented in a misleading manner.
USER IDs AND PASSWORDS. Access to the Website requires the use of identifiers ("IDs") and passwords provided or authorized by Nielsen. Accounts may not be registered using false personal information, or created for anyone other than authorized Users or through unauthorized means (for example, by using an automated device, script, or bot). User is fully responsible for maintaining the confidentiality and ensuring proper authorized use of, and all activities that occur under its IDs, passwords, and accounts set up through the Website. User may not share IDs or passwords with any party. Nielsen may revoke and/or change ID's, and reserves the right to suspend access to the Content through the Website in the event of any breach of these Terms or the Company’s Service Agreements with Nielsen.
DISCLAIMER OF WARRANTY. USER ACKNOWLEDGES AND AGREES THAT POSSIBLE ERRORS MAY OCCUR IN THE APPLICATION WHICH MAY CAUSE TEMPORARY INTERRUPTIONS TO THE USE OF THE DEVICES OR LOSS OF DATA. NIELSEN DISCLAIMS ALL LIABILITY FOR ANY POSSIBLE DAMAGES OR LOSSES RELATED TO THE WEBSITE AND/OR CONTENT. THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS-IS" AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF THE WEBSITE AND CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE USE OF THE WEBSITE AND CONTENT IS AT USER’S SOLE RISK.
LIMITATION OF LIABILITY. NIELSEN WILL NOT BE LIABLE FOR THE CORRUPTION, UNAUTHORIZED USE OR DISCLOSURE, OR ERASURE OF INFORMATION, DATA, SOFTWARE OR OTHER CONTENT TRANSMITTED, RECEIVED OR STORED ON THE WEBSITE OR INTERNET SERVICE PROVIDER SYSTEM. NIELSEN RESERVES THE RIGHT TO SUSPEND THE WEBSITE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER NIELSEN NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO DIRECT DAMAGES) ARISING FROM YOUR USE OF THE WEBSITE AND/OR CONTENT, INCLUDING DAMAGES RELATED TO LOSS OF DATA OR PROFITS.
INDEMNIFICATION. User agrees to defend, indemnify and hold Nielsen and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from: (i) User’s use of the Website and/or Content; (ii) violation of any intellectual property or other rights of any third parties; or (iii) any violation of these Terms by the User.
GOVERNING LAW; WAIVER. These Terms and the parties’ respective rights and duties shall be interpreted and governed in accordance with the laws of England and Wales, parties irrevocably submit to the exclusive jurisdiction of the English Courts. No waiver by either party of any breach of these Terms by the other shall be a waiver of any preceding or subsequent breach thereof.
ENTIRE AGREEMENT. These Terms and Nielsen’s Privacy Policy, incorporated herein by reference, constitutes the entire agreement between the parties with respect to the Website and Content, and supersedes all prior negotiations and agreements, whether oral or written.
