Site is owned and operated by KANTAR MEDIA, which owns
or licenses all the material on this Site.
grants each paid subscriber ("Subscriber," “Licensee” or
"you") one limited, non-exclusive, non-transferable license (the
"License") to use this Web site (this "Site" or
“Licensed Product”). Subscriber may purchase additional licenses from
KANTAR MEDIA. Subscriber shall receive one password and user identification for
each license. Only one user per Personal Identification Number at a time
may access the Site.
this Site provided hereunder and any output thereof may only be given or
made available to employees of the LICENSEE (and with respect to
Publishers, LICENSEE’s rep firms with permission from the LICENSEE for use
exclusively in sales/marketing efforts related to the LICENSEE’s business.)
to Agencies or Manufacturer In-House Agencies, this License Agreement does
not cover the use of this Site or any output thereof in connection with
Licensed Products assigned to another agency or to a manufacturer’s
in-house agency, unless otherwise noted on LICENSEE’s contract.
reserves the right to periodically change Subscriber’s user login and
B. OWNERSHIP, COPYRIGHT,
CONFIDENTIALITY AND RESTRICTED USE
Products are copyrighted by KANTAR MEDIA. As the LICENSEE, you have access to
and own your output from the Licensed Products, but KANTAR MEDIA retains the
copyright of the Licensed Products’ text and data and all copies of such
text and data regardless of the form or media in or on which the original
and other copies may exist. Unauthorized copying and distribution of the
Licensed Products is expressly forbidden.
acknowledges that the Licensed Products consist of trade secrets and other
confidential and proprietary information, data and technology and are the
sole and exclusive property of KANTAR MEDIA or third party providers that have
licensed KANTAR MEDIA to use and sublicense portions of the Licensed Products
(collectively, “Third Party Licensors”). LICENSEE agrees to keep the
Licensed Products strictly confidential and acknowledges that any
unauthorized use, disclosure, reproduction or distribution of the Licensed
Products would cause irreparable harm to KANTAR MEDIA and/or such Third Party
contains copyrighted material, trademarks and other proprietary
information, including, but not limited to artwork, photographs, graphics,
animations, images, text, data and code (collectively, the
"Content") which are the property of their respective owners.
Downloading the Content does not transfer title to the Content, or any
intellectual property rights therein, to Subscriber. It is illegal to
duplicate, download or distribute any Content from this Site except for
Subscriber's business use. You may not modify or alter the Content in any
way, nor incorporate the Content into any materials that are publicly
distributed or displayed, except as specifically described elsewhere in these
Content in any form, including on any online service, the Internet or any
other telecommunications medium which now exists or shall exist in the
future. Republication or redistribution of the Content, including by
framing or similar means, is expressly prohibited.
or layout of this web site, or of any other web site owned, operated,
licensed or controlled by KANTAR MEDIA, is protected by federal and
international law and other intellectual property proprietary rights and
may not be copied or imitated in whole or in part. Subscriber must keep the
Content, passwords and user identification numbers strictly confidential
and will be liable for any unauthorized uses thereof.
publicly post content, passwords or logins [PINs] on any online service,
the Internet or any other telecommunications medium which now exists or
shall exist in the future. Licensee cannot create any electronic link
or other utility (including but not limited to robots) that would allow for
data extraction from or unauthorized access to the KANTAR MEDIA data and
website from an online service, the Internet or any other telecommunication
medium which now exists or shall exist in the future.
present data from the Licensed Products, and analysis derived from such
data, to their clients and prospective clients in the normal course of
business, subject to the use restrictions set forth elsewhere in these
incorporate limited data from the Licensed Product in promotional
materials. All LICENSEE promotional materials that make use of the data
contained in the Licensed Products shall be submitted to and approved by
KANTAR MEDIA prior to general publication. Any such promotional materials shall
include “KANTAR MEDIA™ APPROVED” with Licensed Product name and year produced
or other suitable KANTAR MEDIA™ credit line.
party shall use the names, trademarks, or logos of the other party in any
advertising or promotional materials without the prior written consent of
the other, except that LICENSEE may make reference to the names,
trademarks, or logos of KANTAR MEDIA in Output produced in conformity with the
shall not use the Licensed Products in any legal proceeding, except in the
case of a court order and then only after the LICENSEE’s having acted to
preserve KANTAR MEDIA’s right to seek protection.
Violation: An initial violation generally results in a warning letter to the
offending party. Depending on the violation (dissemination of inaccurate
data), the offender may be required to send a corrective piece to its
Violations: Repeated or extensive violations may require other available
legal remedies, which may entail substantial financial consequences for the
C. LIMITATION OF WARRANTY AND
DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL
BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES OR OTHER
DAMAGING ELEMENTS, OR THAT KANTAR MEDIA WILL CORRECT ANY ERRORS, OMISSIONS OR
DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR
HARDWARE, SOFTWARE OR OTHER EQUIPMENT.
IN NO EVENT
WILL KANTAR MEDIA OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
LICENSORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THIS SITE OR THE CONTENT, EVEN IF KANTAR MEDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL LIABILITY OF KANTAR MEDIA
OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS,
SUPPLIERS OR DISTRIBUTORS EXCEED THE LICENSE FEES PAID, IF ANY, BY YOU TO
KANTAR MEDIA TO ACCESS OR USE THIS SITE.
D. OTHER LEGAL INFORMATION
KANTAR MEDIA may
upgrade, alter or discontinue the Site or access thereto, and may modify the
Licensed Products’ underlying research models and methodology, at any time
is responsible for obtaining, installing and maintaining all equipment
needed to access and use the Site and shall ensure that the equipment is
compatible with the Site. Subscriber is responsible for all
telecommunications charges required to access and use the Site and for all
taxes and other government charges relating to Subscriber's use of the
of Use shall be governed by and construed in accordance with the laws of
the State of New York, U.S.A., without regard to its conflict of laws
parties hereto relating to the use of this Site and supersedes any and all
prior written or oral agreement or understandings between the parties with
respect to this Site, and cannot be changed or terminated orally. The
not affect the validity or enforceability of any other provision of these
and License without notice, if, in the sole discretion of KANTAR MEDIA, you
reason. Upon termination, you must destroy all materials obtained from this
Site, copies and related documentation thereof. In addition, KANTAR MEDIA
reserves the right to terminate this Site without notice.
KANTAR MEDIA. All rights reserved.
KANTAR MEDIA, MARS Medical, FOCUS, MEDIA-CHEK, MORe and JARSCAN are registered
trademarks of KANTAR MEDIA.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
If you do not agree with these terms you will not be able to access this