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Restriction on use
All the Web products and services, information, materials, data, images, graphics, sounds and other components on the NielsenIQ Site (the “Contents”) are copyrighted and owned or controlled by NielsenIQ unless otherwise noted. Any unauthorized use of the Contents on the NielsenIQ Site may violate copyright, trademark and other laws and intellectual property rights of NielsenIQ or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the NielsenIQ Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of NielsenIQ. The Contents on the NielsenIQ Site are provided for lawful purposes only.
U.S. government restricted rights
The Contents on the NielsenIQ 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 NielsenIQ’s proprietary rights in the Contents.
Restriction of liability
NielsenIQ 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. NielsenIQ 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 NielsenIQ OR AN AUTHORIZED NielsenIQ 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. NielsenIQ’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 NielsenIQ through the NielsenIQ Site (together, the “Submission”) will, upon communication, give NielsenIQ the right to use the Submissions. NielsenIQ 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 NielsenIQ operations or Contents. Except as noted below in this paragraph, NielsenIQ 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 NielsenIQ harmless for any liability arising due to the use or distribution of those materials. You further grant NielsenIQ the right to use your name in connection with the reproduction or distribution of such material.
Except as otherwise described, all Contents on the NielsenIQ Site are made available only to provide information about NielsenIQ and its services. NielsenIQ controls and operates the “NielsenIQ.com” site and makes no representation that the Contents on such NielsenIQ Site are appropriate or available for use in other locations. Other NielsenIQ 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 NielsenIQ 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 NielsenIQ Site could include technical inaccuracies or typographical errors. Also, NielsenIQ may make changes or improvements to the NielsenIQ Site at any time. THE CONTENTS ON THE NielsenIQ 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. NielsenIQ DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NielsenIQ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NielsenIQ SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NielsenIQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE NielsenIQ SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NielsenIQ MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE NielsenIQ SITE. YOU (AND NOT NielsenIQ) 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 NielsenIQ SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. NielsenIQ SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE NielsenIQ SITE.
ANY REFERENCE TO NielsenIQ OR THE INFORMATION CONTAINED ON THE NielsenIQ SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.
NielsenIQ or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the NielsenIQ Site and all related documentation and all copies and installations. NielsenIQ 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 NielsenIQ, provided, however, that NielsenIQ 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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