PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY DOWNLOADING THE APPLICATION, YOU ACKNOWLEDGE AND AGREE TO THE TERMS BELOW AS A CONDITION TO USING THIS APPLICATION.
Nielsen Consumer LLC, with a principal place of business at 200 West Jackson Boulevard, Chicago, Illinois 60606 (“Nielsen” or “NielsenIQ”), a world leader in market research and consumer information, grants you the right to use its proprietary NielsenIQ Events Application (the “Application”) for your own internal non-commercial use in connection with certain NielsenIQ events to which you are invited and consents to you downloading the Application onto eligible mobile device(s) such as iPhone, iPads, mobile devices running Android, etc. (“Devices”).
These terms and conditions herein govern your use of the Application (the “Agreement”). When you set up an account with the Application, you are solely responsible for any activity that occurs through your account, and you may not share your username and password with any third parties. You may not register using false personal information, or create an account for anyone other than yourself or through unauthorized means (for example, by using an automated device, script, or bot). You must be at least 13 years old to create an account.
Using the application
You may use the Application to interact with Nielsen, including without limitation to provide feedback, take surveys, access your personalized agenda, share photos, and utilize the social interactive tool through the activity feed. You may download and install the Application on one or more Device(s) which you own or have the right to use for this purpose. You agree to:
• Use the Application only for private, non-commercial, authorized purposes and only in accordance with Nielsen’s instructions;
• Allow Nielsen to use the information collected through the Application for the purpose of hosting, planning, and future improvement of certain Nielsen events to which you are invited;
• Comply with all applicable laws and with this Agreement;
• Refrain from modifying, distributing, republishing, posting, uploading, transmitting, decompiling, reverse engineering or copying any part of the Application or the Contents (defined below);
• Refrain from reusing or “scraping” any data provided within the Application for use in another service or website; and
• Refrain from any malicious use of the Application.
Nielsen will collect information about your Application usage activity and any other information you provide for Nielsen’s business purposes. Nielsen’s servers log the standard technical information about your device, system, network, and application software, e.g., device model, operating system, language set, and the date and time of your visit. Nielsen will store your information for as long as needed for internal purposes and in accordance with law. Your information may be stored in the United States, or elsewhere, but in any event will be stored using administrative, managerial and technical measures to protect its confidentiality. Please remember that storage and communication of data cannot always be one-hundred percent secure. Please review the Privacy Notice for more details.
Nielsen shall have sole and exclusive ownership of all right, title, and interest in and to the Application and all copies thereof (including ownership of all copyrights and other intellectual property rights pertaining thereto). All the information, materials, data, images, graphics, sounds and other components in the Application (the “Content”) are protected by U.S. and international intellectual property laws and are owned or controlled by Nielsen or third parties. Nielsen and such third parties reserve all right, title and interest in the Application and Content. Any unauthorized use of the Content 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. The Content contained in and made available through the Application is provided for lawful purposes only. Nielsen may update or provide new versions of the Application from time to time.
NIELSEN and NIELSENIQ are registered trademarks or trademarks of The Nielsen Company (US), LLC in the United States of America and other countries under license for use to NielsenIQ. All rights to the Nielsen trademarks belong to Nielsen as described above. All other trademarks are the property of their respective owners. You understand that the reference to any such trademarks does not constitute or imply any sponsorship or endorsement.
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Nielsen respects the intellectual property rights of others and expects you to do the same. Nielsen reserves the right to remove any Content contained in or posted to the Application that Nielsen believes may infringe another person’s copyright. Notices to Nielsen regarding any alleged copyright infringement in the Application should be directed to the General Counsel of Nielsen at 85 Broad St., New York, New York 10004, U.S.A, tel. +1 646 654 5000.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER NIELSEN NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO DIRECT DAMAGES) ARISING FROM YOUR USE OF THE APPLICATION, INCLUDING DAMAGES RELATED TO LOSS OF DATA OR PROFITS.
YOU ACKNOWLEDGE AND AGREE THAT POSSIBLE ERRORS MAY OCCUR IN THE APPLICATION WHICH MAY CAUSE TEMPORARY INTERRUPTIONS TO THE USE OF THE DEVICE OR LOSS OF DATA. NIELSEN DISCLAIMS ALL LIABILITY FOR ANY POSSIBLE DAMAGES OR LOSSES RELATED TO THE APPLICATION. THE APPLICATION AND ALL CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE USE OF THE APPLICATION IS AT YOUR SOLE RISK.
You agree to defend, indemnify and hold harmless Nielsen from and against any and all claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of your breach of this Agreement or your infringement or violation of any intellectual property or other rights of any third party.
Nielsen may notify you of amendments to this Agreement with written notice. Should you not agree to the proposed amendment you are free to discontinue your use of the Application, in which case you should immediately uninstall the Application. Continued use of the Application will be deemed your acceptance of this Agreement as amended according to the written notification.
This Agreement is governed by the laws of the state of Illinois. Any dispute which cannot be amicably resolved concerning or arising from this Agreement or use of the Application shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in the state of Illinois. If a provision of this Agreement is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of this Agreement. The provisions of this Agreement that are intended to survive termination shall remain valid after any termination.
Nielsen reserves the right to terminate this Agreement at any time for convenience.
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