TERMS OF SERVICE
Last modified: December 19, 2017.
These Terms of Service (the “Terms of Service”) govern your use of the websites located at TMRGInc.com, RelevantKnowledge.com, PremierOpinion.com, DigitalReflectionPanel.com, and VoiceFive.com (each a “Site”), which are operated by comScore, Inc. (“we,” “us,” or “our”). The Terms of Service also govern your use of any software, applications, configuration files, meters, or other tools or programs (collectively, “Software”), that you access, use, or install in connection with your participation in our panels or surveys. Your agreement to the Terms of Service 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.
Table of Contents
Binding Effect; Modification to these Terms of Service
These Terms of Service are a binding agreement. 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. 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.
Age Requirements for General Use of this System
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.
Use of the Software is additionally restricted to those individuals:
- that are not employed or related to an individual employed by a market research company other than by us or our affiliates;
- that allow their computers to be configured to use the Software; and
Software License and Ownership
As between you and us, all trademarks, service marks, 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. Upon our reasonable request, you shall 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.
Restrictions on Use
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.
Restricted Transmission: You agree not to use any device, software or routine to interfere with the proper functioning of the System. In using the System, you may not:
- transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
- transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
- transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or Derivative Works (as defined below) with respect thereto, without first obtaining permission from the owner or right holder;
- transmit any information, software or other material which contains a virus or other harmful component;
- use any software, tool, data, device or other mechanism to navigate or search the System other than the search engine provided by us or generally available browsers;
- frame or utilize framing techniques to enclose any aspect of this System, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
- use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Other Restrictions: Additionally, you are prohibited from violating or attempting to violate any security features of this System, including, without limitation:
- accessing content or data not intended for you or logging onto a server that you are not authorized to access;
- attempting to probe, scan, or test the vulnerability of this System, or any associated system or network, or to breach security or authentication measures without proper authorization;
- interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this System, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- using this System to send commercial e-mail, including, without limitation, promotions, or advertisements for products or services;
- forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
- transferring, distributing, selling, leasing, licensing or otherwise making any aspect or portion of the System available to a third party;
- reproducing, copying, translating, modifying, adapting, decompiling, disassembling, creating any derivative work of, translation of, enhancement, upgrade, addition, development or improvement to an underlying intellectual property asset (“Derivative Works”) of the System, or reverse engineering the object code version of or otherwise attempt to secure the source code of all or any part of the System or access the System in order to build a similar or competitive product or service;
- obfuscating, removing or altering any of the logos, trademarks, internet links, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the System; or
- accessing or using the System in any way that is adverse to our then current acceptable use policies and agreements.
In addition to breach of contract claims, any violation of system or network security may additionally subject you to civil and/or criminal liability.
Copyrights, Trademarks, and Other Proprietary Rights of the Site
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.
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.
User Communications; Visitor Content
Sweepstakes, Contests and Promotions
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” or other Terms of Service of the applicable Promotion. 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.
Third-Party Links and Retailers
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) as well as the location of participating retailers. 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).
THIS SYSTEM AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SYSTEM ARE PROVIDED “AS IS” AND 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.
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.
Limitation of Liability
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 ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SYSTEM 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 THE COLLECTIVE LIABILITY OF US AND 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 $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.
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 give you responses or notices by e-mail to the address most recently provided by you, posting to this System, or by written communication sent by U.S. Postal Service and/or FedEx to the address most recently provided by you.
Governing Law: These Terms of Service and your use of this System 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 this System (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.
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 OTHER VISITORS 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.