Kantar Consulting App Terms and Conditions

Terms of Use

Please read these Terms of Use before using the Kantar Consulting Event website via a browser or mobile app (hereinafter, the “Site”). By accessing, browsing, using or continuing to use this Site you are agreeing to be bound by the following Terms of Use.

Through the Site, you will be able to access certain information, products, offerings and services that are made available to authorized users by Kantar Consulting (collectively, the “Kantar Consulting Content”). In exchange for such access, you agree that Kantar Consulting and its affiliated companies may revise the Terms of Use and/or its Privacy Policy at any time without notice to you.

1. Permitted Use of Site

Kantar Consulting owns or licenses the Site, including the Kantar Consulting Event Content and the technology underlying the Site (the “Technology”). You may access, download, view, copy and print Kantar Consulting Event Content for personal, informational, non-commercial purposes provided that you do not alter the Kantar Consulting Event Content in any way, keeping all copyright and other notices on the Kantar Consulting Event Content and that you are at least eighteen (18) years of age. Otherwise, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Kantar Consulting Event Content or Technology from the Site in whole or in part without the prior written consent of Kantar Consulting.

Access to certain areas of the Site may be restricted to clients to whom Kantar Consulting has issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from Kantar Consulting (or from your employer if your employer has been authorized by Kantar Consulting to issue such passwords). You may not use another person’s password to access the Site.

2. No Unlawful or Prohibited Use

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting the generality of the foregoing, you may not:

(a) access or use the Site in any manner that could damage, disable, overburden, or impair any Kantar Consulting information, products, offerings, services, technology, computer systems or networks;

(b) attempt to gain access to any parts of the Site or Kantar Consulting’s information, products, offerings, services, technology, computer systems or networks that you are not authorized to access;

(c) interfere or attempt to interfere with the proper working of the Site or any Kantar Consulting accounts, computer systems or networks;

(d) reverse engineer, decompile or dissemble any portion of the Site;

(e) use any robot, spider, scraper or other automated means to access the Site or any Kantar Consulting accounts, computer systems or networks without Kantar Consulting’s express written permission;

(f) transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s accounts, computer systems or networks; or

(g) upload, email, post, publish, distribute or otherwise transmit any content of whatever nature that: (i) is false or misleading; (ii) is obscene; (iii) is defamatory; (iv) is harassing or invades another’s privacy, or promotes bigotry or racism; (v) infringes another’s rights, including, but not limited to, intellectual property rights; (vi) constitutes unsolicited bulk e-mail, “junk mail,” “spam” or chain letters; or (vii) violates any applicable laws. By uploading, emailing, posting, publishing or otherwise transmitting any content, information or material of any type, you automatically grant (or warrant that the owner of such rights has expressly granted) Kantar Consulting a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. Kantar Consulting has no obligation to monitor any content that you upload, email, post, publish, distribute or otherwise transmit via the Site. Kantar Consulting does, however, reserve the right to review all content and to remove any content, at its sole discretion.

3. Termination of Use

You agree that Kantar Consulting may monitor your activity on the Site and may terminate or limit your access to the Site at any time, for any reason, with or without providing notice to you.

4. Third Party Web Sites, Products and Services

The Site provides links to Web sites and access to content from third parties. These linked sites are not necessarily under Kantar Consulting’s control. You agree that Kantar Consulting is not responsible for content provided on third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Kantar Consulting is not responsible for: (a) the quality, performance or suitability of third party products or services; and/or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased third party products or services. You agree that Kantar Consulting is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

5. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, ALL CONTENT AND TECHNOLOGY CONTAINED THEREIN AND ANY SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KANTAR CONSULTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KANTAR CONSULTING MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, ANY CONTENT OR TECHNOLOGY CONTAINED THEREIN OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS.

THIS SITE CONTAINS CONTENT THAT CONSISTS OF THE RESULTS OF RESEARCH, ANALYSIS AND OPINIONS, UTILIZING METHODS AND PRACTICES THAT KANTAR CONSULTING DEEMS APPROPRIATE.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. KANTAR CONSULTING SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

KANTAR CONSULTING RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

6. Limitation of Liability

IN NO EVENT SHALL KANTAR CONSULTING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, OFFERINGS OR SERVICES DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SITE. IN NO EVENT SHALL KANTAR CONSULTING’S LIABILITY RELATED TO YOUR USE OF THE SITE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE.

7. Indemnity

You agree to defend, indemnify and hold harmless Kantar Consulting, its officers, directors, employees, business partners and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your access to or use of the Site, including, without limitation, your uploading, emailing, posting, publishing or otherwise transmitting Content; your violation of the Terms of Use; or your violation of applicable law or any agreement or terms with a third party to which you are subject.

8. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Kantar Consulting outside the U.S.

9. Copyright Policy; Digital Millennium Copyright Act (“DMCA”)

It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Kantar Consulting Event Site.

Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), Kantar Consulting has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA.

If you believe your copyrights are being infringed by a user of the Site, please send an email “Notice of Claimed Infringement” to the attention of Howard Zimmerman, Vice President – Legal at howard.zimmerman@kantarconsulting.com. The Notice of Infringement must contain information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A). Such provisions provide that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

10. Equitable Relief

You acknowledge that any breach by you of the provisions of these Terms of Use will cause irreparable damage to Kantar Consulting and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Kantar Consulting will be entitled to injunctive relief for any breach of this Agreement.

11. Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of New York (without reference to the principles of conflicts of laws thereof).

12. Copyright/Trademark Information

Kantar Consulting is a registered trademark of the WPP Group USA, Inc. and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.

13. Contact Information

If you have any questions regarding these Terms of Use or the Site, please contact Howard Zimmerman, Vice President – Legal, Kantar Consulting, 501 Boylston Street, Suite 6101, Boston, Massachusetts 02116, USA.