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Restrictions on Use
All the Web products and services, information, materials, data, images, graphics, sounds and other components on the Nielsen Site (the “Contents”) are copyrighted and owned or controlled by Nielsen unless otherwise noted. Any unauthorized use of the Contents on the Nielsen Site may violate copyright, trademark and other laws and intellectual property rights of Nielsen or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the Nielsen Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Nielsen. The Contents on the Nielsen Site are provided for lawful purposes only.
U.S. Government Restricted Rights
The Contents on the Nielsen Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Contents by the U.S. government constitutes acknowledgment of Nielsen’s proprietary rights in the Contents.
Digital Millennium Copyright Act
Nielsen has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Nielsen reserves the right to remove any Contents contained in or posted to the Nielsen Site that allegedly infringes another person’s copyright. Notices to Nielsen regarding any alleged copyright infringement on a Nielsen Site should be directed to Nielsen’s General Counsel’s Office, at 85 Broad Street, New York, NY 10004, U.S.A, tel. +1 646 654 5000.
Restriction of Liability
NIELSEN WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. NIELSEN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF NIELSEN OR AN AUTHORIZED NIELSEN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. NIELSEN’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
All remarks, suggestions, ideas, graphics, or other information communicated to Nielsen through the Nielsen Site (together, the “Submission”) will, upon communication, give Nielsen the right to use the Submissions. Nielsen will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Nielsen operations or Contents. Except as noted below in this paragraph, Nielsen will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You agree to indemnify, defend and hold Nielsen harmless for any liability arising due to the use or distribution of those materials. You further grant Nielsen the right to use your name in connection with the reproduction or distribution of such material.
Except as otherwise described, all Contents on the Nielsen Site are made available only to provide information about Nielsen and its services. Nielsen controls and operates the “Nielsen.com” site and makes no representation that the Contents on such Nielsen Site are appropriate or available for use in other locations. Other Nielsen Sites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use the Nielsen Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws.
The Contents on the Nielsen Site could include technical inaccuracies or typographical errors. Also, Nielsen may make changes or improvements to the Nielsen Site at any time. THE CONTENTS ON THE NIELSEN SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. NIELSEN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NIELSEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NIELSEN SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIELSEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE NIELSEN SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NIELSEN MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE NIELSEN SITE. YOU (AND NOT NIELSEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. FURTHER, information contained ON THE NIELSEN SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. NIELSEN SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE NIELSEN SITE.
ANY REFERENCE TO NIELSEN OR THE INFORMATION CONTAINED ON THE NIELSEN SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.
Nielsen or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the Nielsen Site and all related documentation and all copies and installations. Nielsen may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of Nielsen, provided, however, that Nielsen shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.
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