Consumers set up a blockbuster holiday season at the Box Office
This website, www.comscore.com (“Site”), and the Comscore mobile application (“Software”), are operated by Comscore, Inc. (“we,” “us,” or “our”).
These Terms of Service (the “Terms of Service”) govern your use of this Site and the Software, and your agreement is a condition precedent to using this Site and the Software (“collectively, the “System”). If you are a Software user, please pay particular attention to the “Software License & Ownership” and “Restrictions on Use” sections below.
BY CLICKING THE “ACCEPT” BUTTON, USING THE SITE, AND/OR DOWNLOADING THE SOFTWARE, YOU ACCEPT THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY ITS TERMS, AND YOU ACKNOWLEDGE AND AGREE TO THE PRIVACY POLICY, WHICH IS EXPRESSLY INCORPORATED HEREIN.
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These Terms of Service are a binding agreement between us and you. We may revise and update these Terms of Service from time to time. We will post a notification on this System in the event of any material changes to these Terms of Service. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this System. However, any changes to the dispute resolution provisions will not apply to any disputes for which we have actual notice on or before the date the change is posted on the System. We will not be liable if, for any reason, all or part of this System is ever unavailable. From time to time, we may restrict access to all or some of this System. Please check these Terms of Service periodically for changes. Your continued use of this System following our posting of any changes to these Terms of Service means that you accept those changes. Without limitation to the foregoing, this provision does not apply in New Jersey.
Use of and participation on the System is restricted to those individuals who are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the System, you hereby represent that you are at least 18 years of age, or in possession of consent by a legal parent or guardian who has entered into the terms herein on your behalf. Use of the Software is additionally restricted to those individuals that agree and allow the Software to operate as described herein, including allowing the Software to automatically upgrade provided that any such upgrades do not change the functionality of the Software beyond what is described in these Terms of Service and the Privacy Policy.
We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. Please note you cannot use the Site if you are under 13 years of age.
Subject to these Terms of Service and the Privacy Policy, we hereby grant you a limited, revocable, non-exclusive and non-transferable right and license to access and use the Software, solely for your own use and enjoyment. We have no obligation to deliver or otherwise make available to you any copies of any Software, whether in object code or source code form.
As between you and us, all right, title and interest in and to all trademarks, service marks and logos, patents, copyrights, trade secrets and other proprietary and intellectual property rights (collectively, “IPR”) in or related to the Software, and our confidential information and any Derivative Works (as defined below) for any of the foregoing regardless of who created it (collectively, “Our Assets”) are and shall remain our exclusive property, whether or not specifically recognized or perfected under local applicable law. Our Software incorporates and implements patented technologies. For more information visit http://www.comscore.com/patents.
You shall not take any action that jeopardizes or could jeopardize Our Assets. You hereby irrevocably assign, transfer and convey to us without further consideration all of your right, title and interest (if any) in and to Derivative Works of Our Assets made by you. Should we deem, in our sole and absolute discretion, that your actions have jeopardized Our Assets you agree to execute and deliver to us all instruments and other documents, and shall take such other actions reasonably requested by us, so that we may protect and defend our rights in and to Our Assets.
Solely for Personal or Internal Use: You may browse this System and all associated content solely for your personal use. This System or any portion of this System may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to System Access: To access parts of this System or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this System that all the information you provide on this System is correct, current and complete. You agree that all information you provide to register with this System or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Restricted Transmission:
You agree not to use any device, software or router to interfere with the proper functioning of the System. In using the System, you may not:
Other Restrictions: Additionally, you are prohibited from violating or attempting to violate any security features of this System, including, without limitation:
Any violation of system or network security may additionally subject you to civil and/or criminal liability.
When accessing this System, you agree to obey the law and to respect the IPR of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any Visitor Content (defined below) that you provide or transmit to us.
All content on this System, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on this System are the property of their respective owners, including, in some instances, us and/or our partner companies. Unless expressly stated herein, nothing contained on this System should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by us or by any third party.
These Terms of Service permit you to use the Site for your personal, non-commercial use only. You may print or have printed by any third party any downloadable material contained on this System provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the us. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
If the Comscore Application you are using includes Google Maps features and content, then the use of Google Maps features and content is subject to the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html, and the Google Privacy Policy at https://www.google.com/policies/privacy/.
You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Visitor Content”) you transmit to us via this System, the Internet, e-mail or otherwise. You agree that all Visitor Content you submit to us is owned by you, and you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create Derivative Works from, distribute, perform, and display Visitor Content and to incorporate any Visitor Content in other works in any form, media, or technology now known or later developed, including, but not limited to, the right to publish Visitor Content or use Visitor Content on our System or in advertising of any type, with no obligation to pay you any consideration. We will not be required to treat any Visitor Content as confidential, and we may use Visitor Content in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind or as a result of any similarities that may appear in our future operations. Visitor Content does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information, all of which is subject to the privacy standards set forth in our Privacy Policy, which is expressly incorporated into these Terms of Service by this reference.
Notwithstanding the foregoing, ownership and use of all Visitor Content and personal information submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the “Official Rules,” other Terms of Service of the applicable Promotion, and the Privacy Policy. If you participate in a Promotion, such Terms of Service, may, for example, permit us to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your personal information with third parties providing services in connections with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions that may be of interest to you, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, your personal information may be disclosed on a winners list as required by law.
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) as well as the location of participating retailers. These links are provided for your convenience only. If you decide to access a Third-Party Site linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Site. We have not reviewed all of the Third-Party Sites linked to this System and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products. While we provide links and locations of participating retailers and vendors who sell their products on-line, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this System and the links placed upon it. We therefore welcome any feedback on not only our own System, but also for Third-Party Sites and retailers we link to and/or identify on our System as well (including if a specific link does not work).
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THIS SYSTEM AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SYSTEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THIS SYSTEM’S INFORMATION, PRODUCTS, GRAPHICS AND/OR OTHER MATERIALS, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SYSTEM OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Further, all of the information in this System, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this System, and we do not undertake any obligation to update such information after it is posted or to remove such information from this System if it is not, or is no longer, accurate or complete.
You acknowledge and agree that we will not be liable under any circumstance to you or any other party, person, or entity for any damages or losses that may result from the following: (i) termination, suspension, loss or modification of the service provided; (ii) use or inability to use the System; (iii) interruption of business; (iv) access delays or access interruptions to the System; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) loss or liability resulting from errors, omissions or misstatements in any and all information or services provided; (vii) loss or liability resulting from unauthorized use or misuse of your username or password; (viii) violation of any third party rights, including, but not limited to, rights of publicity, rights of privacy, intellectual property rights and any other proprietary rights; and (ix) any other matter relating to your use of the System.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR THE INABILITY TO USE, THIS SYSTEM, THE MATERIALS ON THIS SYSTEM, ANY WEBSITES LINKED TO IT OR ANY MATERIALS ON SUCH OTHER WEBSITES, OR THE PERFORMANCE OF OUR PRODUCTS OR SERVICES, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY OR THE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, IF YOU ARE A USER OF THE SITE AND NOT THE SOFTWARE, EXCEED ONE HUNDRED DOLLARS ($100), OR IF YOU ARE A USER OF THE SOFTWARE, THE TOTAL LICENSE FEES PAID TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You acknowledge and agree that the limitations contained in this Section are an essential precondition to your use of the System.
You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers, and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged, settled, or finally adjudicated), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms of Service or any activity related to your account and use of the Site (including negligent or wrongful conduct) by you or any other person accessing this System using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
We may communicate with you by email sent to the most recent email address provided to us by you or by direct mail to your last known mailing address. All notices shall be deemed effective upon transmission by us. However, in no event shall we be liable to you for choosing to send notice in one manner or format over another.
Governing Law: All matters relating to the Site and these Terms of Service, and any dispute or claim arising therefrom or related thereto shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New York, U.S.A., without giving effect to any principles of any choice of law provisions.
Timing of Claims: Any cause of action or claim you may have with respect to, or arising out of, these Terms of Service, this System or your use of this Site (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. You acknowledge and agree that any claim or cause of action not commenced within one (1) year is permanently barred.
Arbitration and Venue: In the event of any controversy or claim arising out of or relating to this these Terms of Use, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of sixty (60) days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in New York City, New York, U.S.A. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without our prior written consent.
Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST ANOTHER PARTY IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Some jurisdictions, such as the State of New Jersey, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms of Service remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service. We may assign our rights and duties under these Terms of Service to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service. If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with our Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our services may receive consideration for their endorsement.
If you have any questions or comments regarding these Terms of Service, our Privacy Policy, or this System, please feel free to contact us by e-mail at privacy@comscore.com.