Last Updated: August, 2013
You may access one or more Scarborough-hosted pages from the home page at www.scarborough.com (the “Home Page”). These Terms and Conditions apply to each of the Scarborough-hosted pages which are collectively referred to as the Site. Except as provided in this paragraph, Scarborough prohibits site caching, the use or posting of unauthorized hypertext links to the Site and the framing of any content available through the Site. You may link to the Site only via the Home Page or such other gateway page as designated by Scarborough. Links can be by text only and may only read "ScarboroughBy linking to the Site, you acknowledge and agree that, other than as set forth herein, all rights to the Scarborough trademarks or service marks used on the Site, the Content appearing on the Site and the design of the Site belong to Scarborough. You must not misrepresent your relationship with Scarborough or present false or misleading impressions about Scarborough. No links to the Site may be used in a manner that implies or suggests that Scarborough approves or endorses you, your website or your goods and services (in all cases, except as Scarborough may have agreed separately with you in writing).
The Site is controlled and/or operated from the United States and is not intended to subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3. Information You Submit
4. Rules for Site Use
By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following "Rules of Conduct" as updated from time to time by us. You will not:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking" or "phreaking."
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or "investment opportunity," or any other form of solicitation.
- Any material non-public information about a company without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including any of our (or our affiliates’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services or solicit funds without our express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without our express prior written consent.
- Create a database by systematically downloading and storing all or any Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.
- We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct.
5. Copyrights, Trademarks and Other Intellectual Property
All material and content contained on this Site, including but not limited to Scarborough data and estimates, software, text, graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons and the compilation of all content on this Site, are the property of Scarborough and/or its third party providers, as the case may be, and are protected by United States and international laws. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download material available on this Site for your personal use if you are a visitor, for business purposes if you are a customer or a Scarborough, Arbitron or Nielsen employee , provided that (i) you keep intact all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on this Site as opposed to in the software. Scarborough maintains a “Media Resources” area of the Site which permits you to download certain Scarborough artwork, including, Scarborough logos for use on powerpoint presentations and other business documents. You must follow the directions and instructions set forth therein if you would like to use the artwork set forth therein. Otherwise, images of the Scarborough logo may only be used for link purposes and only be made with the express written permission of Scarborough. Any requests for such permission or for permission to link to the Site in a manner other than as permitted herein should be addressed to Scarborough at 770 Broadway, New York, New York, U.S.A. You acknowledge that you do not acquire any ownership rights by downloading material from this Site. This Site and its contents are provided for lawful purposes only. Tel: +855-807-2272
All trademarks, service marks, and trade names are proprietary to Scarborough and/or other intellectual property owners, where indicated. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
You may not redistribute, sell, de-compile, reverse engineer, modify, disassemble, or otherwise reduce the Software to a human-readable form.
Except for allowing individuals to use this Site or link to this Site as set forth herein, users are not granted a license or any other rights from Scarborough, including the intellectual property rights or other proprietary rights of Scarborough or third parties.
6. Unsolicited Submissions
Notwithstanding anything to the contrary in this Agreement, we do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions ("Unsolicited Submissions"), whether related to the Site or otherwise. We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become our sole property. We have no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.
7. Passwords and Security
You may need to register to use certain parts of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
8. Export/Import Compliance Notice
By downloading software or data, you assume responsibility for complying with applicable export/import laws and regulations and agree not to export or re export this software or data without applicable export authorization. You may not download, export or re export software or data obtained from this Site or any copy or adaptation in violation of any laws, regulations, transaction or export controls or economic sanctions imposed by the U.S. government regarding any country, government, entity or person. You are not granted the right to use or export Scarborough’s software or data outside of the United States. If, despite Scarborough’s prohibition, you choose to export any Scarborough software or data, please be aware that you must determine whether an export license will be required and, if it is, then you must obtain a license from the appropriate United States Commerce or State Department.
9. Linked Sites and Feeds
The Site may provide links to or feeds from other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR ACCESS TO AND USE OF THIRD PARTY WEBSITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.
In the event that you establish a link to the Site, Scarborough shall have no responsibility or liability for any content appearing on your website. You shall indemnify and defend Scarborough against all claims against Scarborough arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Scarborough reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Site from your website. This is not a license, but subject to your compliance with the above terms, Scarborough agrees to grant you the use of the "Scarborough" name solely for the purpose of establishing a link to the Site as permitted hereunder. Except for the limited permission to use the "Scarborough" name as set forth in this paragraph, you may not use any of Scarborough's trademarks or service marks for any other purpose without the express written permission of Scarborough. Scarborough may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the "Scarborough" name and your right to link to any pages on the Site. In such event upon request, you agree to immediately remove all links to the Site and to cease using the "Scarborough" name for linking purposes. Thereafter, any future links to the Site will require the express written permission of Scarborough.
10. Applicable Law
You agree that this Agreement (and any claim or dispute arising out of or relating to this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its conflict of law rules. Any disputes, actions or proceedings relating to this Agreement or your access to or use of the Site must be brought in the federal or state courts in the City and County of New York, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Scarborough from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and expenses) arising from or relating to (i) your use of the Site and/or any material or content you submit, download, or transmit through the Site; (ii) your breach of this Agreement or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. Scarborough reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Scarborough in asserting any available defenses. This obligation survives the termination of this Agreement.
We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful or infringes such third party’s rights). Sections 2, 5, 6, 8, 10, 11, 12, 13, 14, 15, and 16 shall survive any expiration or termination of this Agreement.
13. Disclaimer of Warranties
USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS. SCARBOROUGH DOES NOT WARRANT THAT THE SITE (OR ANY PART OF IT) IS OR WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, ERROR-FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. SCARBOROUGH MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, ANY SERVICES PROVIDED ON THE SITE OR ANY INFORMATION OR DATA THAT ARE AVAILABLE, ADVERTISED, OR PROVIDED THROUGH THIS SITE. ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, SCARBOROUGH AND ITS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF ANY DATA OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT SCARBOROUGH IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING ANY INFORMATION CONTAINED ON OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE; OR (3) EMAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT SCARBOROUGH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE OR ANY ADVICE OR INFORMATION OBTAINED BY YOU FROM SCARBOROUGH WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, SCARBOROUGH IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE FOLLOWING DAMAGES, EVEN IF SCARBOROUGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA (INCLUDING LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE AND UNAUTHORIZED INTERCEPTION OF ANY SUCH DATA) OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, INFORMATION OR SENDING OR RECEIVING EMAILS AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFICATION WITH THE SITE IS TO STOP USING THE SITE. SCARBOROUGH'S LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMES, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com E-mail communications are not necessarily secure, so please do not include sensitive information in any e-mail to us.
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