International Box Office Essentials®
International Box Office Essentials
Terms of Service/Use
Terms of Service.
These Terms of Service/Use (“TOS”) govern your use of the International Box Office Essentials system, website and related services (collectively, "Box Office Essentials") and the data, information and reports that are (i) available at or obtained from Box Office Essentials, (ii) delivered by scheduled or ad hoc export from Box Office Essentials, and/or (iii) delivered as data feeds from Box Office Essentials or any related data storage system, warehouse or database (all of the foregoing being collectively referred to as “Box Office Essentials Data”). By accessing or using Box Office Essentials, you hereby agree to these TOS for the benefit of Rentrak Corporation and its affiliate comScore, Inc. (collectively, "comScore"). If you or your company has entered into a service agreement or other agreement with Rentrak Corporation or comScore, Inc. with respect to Box Office Essentials (“Service Agreement”), that agreement also governs your use of Box Office Essentials and Box Office Essentials Data (for clarity, references in these TOS to the "Service Agreement" herein shall only apply if you or your company has entered into such an agreement). You and your company using Box Office Essentials and Box Office Essentials Data are referred to in these TOS as the “User.”
Limited Right to Use Box Office Essentials System and Data; Restrictions.
User's right to use Box Office Essentials and Box Office Essentials Data shall be subject to these TOS and the Service Agreement, and shall further be subject to the following restrictions unless otherwise expressly provided in the Service Agreement or otherwise expressly agreed by comScore in writing: (a) Box Office Essentials and Box Office Essentials Data are not intended to be used (i) in connection with research where the primary use of such data or site is for making investment decisions, or (ii) for reporting or calculating royalties or other fees based on, or otherwise measuring, usage of content, and any use of Box Office Essentials or Box Office Essentials Data for such purposes shall be at User's sole risk; (b) Box Office Essentials and Box Office Essentials Data are for User's internal use only, and User shall not have the right to sell, transfer, license, copy, disclose, display, publish, distribute or disseminate any Box Office Essentials Data; (c) User shall not directly or indirectly use any automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or extract any Box Office Essentials Data, nor will User download or extract data in a manner that comScore finds objectionable (e.g., downloads of large amounts of data, or repeated frequent downloads of the same or similar updated data); and (d) all Box Office Essentials Data shall be “comScore Confidential Information” as defined in the “Confidentiality” paragraph below.
Modification of Box Office Essentials.
comScore reserves the right at any time to revise and modify Box Office Essentials and to alter its features, specifications, capabilities and/or functions, without notice to User except as otherwise provided in the Service Agreement.
Termination of User Rights.
comScore shall have the right to terminate User's rights under these TOS, including the right to access Box Office Essentials and/or user Box Office Essentials Data, upon ten (10) days prior written notice for any reason, or immediately if User breaches any of its obligations under these TOS, subject to the provisions of the Service Agreement. Within 30 days after expiration or termination of User's rights under these TOS, User shall certify in writing to comScore that it has returned or destroyed (at comScore's election) all electronic or hard copies of Box Office Essentials Data which are then in User's possession, including but not limited to copies residing on leased servers, at hosting services, on disaster recovery servers, in backups or in archives, except with respect to disaster recovery servers, backups and archives where the return, removal or destruction of such data would not be commercially practical.
Ownership of Box Office Essentials.
comScore is the exclusive owner of the Box Office Essentials name, systems, websites and concept, the Box Office Essentials Data as presented by the Box Office Essentials system, and all copyright, trademark, patent and other intellectual property rights therein, and nothing in these TOS shall be construed as granting to User any intellectual property rights therein. All rights not granted to User are expressly reserved to comScore.
Confidentiality.
User agrees that it will restrict disclosure of comScore Confidential Information to its employees (and, if permitted under Service Agreement, to its consultants or independent contractors) with a need to know and will not disclose any comScore Confidential Information to any third party without comScore's prior written approval, except as specifically permitted in the Service Agreement. Notwithstanding the foregoing, it will not be a breach of these TOS for User to disclose comScore Confidential Information if required to do so under law or in a judicial or other governmental investigation or proceeding, provided comScore has been given prior notice and User has sought all reasonable safeguards against widespread dissemination prior to such disclosure. As used in these TOS, the term "comScore Confidential Information" means: (i) any and all Box Office Essentials Data and any other nonpublic information accessible by logging on to Box Office Essentials; (ii) any Box Office Essentials user manuals provided to User; and (iii) comScore's trade secrets, business plans, strategies, methods and/or practices that are not generally known to the public. Notwithstanding the foregoing, comScore Confidential Information specifically excludes: (A) information that is now in the public domain or subsequently enters the public domain by publication or otherwise through no action or fault of User, its employees or agents (provided, however, that the exclusion in this clause (A) shall not apply to any report generated by Box Office Essentials even if such report is based in part or wholly on data or information in the public domain); (B) information that is known to User without restriction, prior to receipt from comScore, from User's own independent sources as evidenced by User's written records, and which was not acquired, directly or indirectly, from comScore; (C) information that User receives from any third party reasonably known by User to have a legal right to transmit such information, and not under any obligation to keep such information confidential; and (D) information independently developed by User, its employees or agents provided that User can show that such persons had no access to comScore Confidential Information.
Passwords.
User accesses Box Office Essentials with a unique login and password, which User agrees to keep confidential. User agrees to notify comScore promptly if User has any reason to believe that any third party has unauthorized access to its login or password. User shall be responsible for any and all use of Box Office Essentials occurring under its login and password.
No Warranties.
BOX OFFICE ESSENTIALS AND THE SERVICES AND DATA AVAILABLE THROUGH SUCH SYSTEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMSCORE DOES NOT WARRANT THAT BOX OFFICE ESSENTIALS OR USER'S ACCESS TO BOX OFFICE ESSENTIALS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT BOX OFFICE ESSENTIALS DATA WILL BE ACCURATE, TIMELY OR COMPLETE, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.
Limitation of Liability.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SERVICE AGREEMENT, (A) IN NO EVENT SHALL COMSCORE, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS), ARISING FROM OR RELATING TO THE USE OF BOX OFFICE ESSENTIALS OR ANY BOX OFFICE ESSENTIALS DATA, INCLUDING DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE BOX OFFICE ESSENTIALS OR BOX OFFICE ESSENTIALS DATA OR FROM ERRORS, OMISSIONS OR OTHER INACURRACIES IN BOX OFFICE ESSENTIALS DATA, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) WITHOUT PREJUDICE TO THE FOREGOING LIMITATION, THE AGGREGATE LIABILITY OF COMSCORE AND ITS AFFILIATES TO USER UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR PRODUCT LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO COMSCORE BY USER FOR BOX OFFICE ESSENTIALS DURING THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD.
Indemnification.
User agrees to indemnify, defend and hold harmless comScore, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of (a) any breach of these TOS, including any use by User (or any person using User's login and password) of Box Office Essentials or Box Office Essentials Data in a manner not permitted hereunder, and (b) any use by User (or any person using User's login and password) of Box Office Essentials for any of the purposes described in clause (a) of the "Limited Right to Use Box Office Essentials System and Data; Restrictions" paragraph above and any representations or statements made by User to third parties in connection therewith.
Amendment of TOS.
comScore shall have right to update, amend or restate these TOS without the consent of User and without prior notice to User.
Choice of Law; Venue.
These TOS shall be subject to the same choice of law and venue provisions as are set forth in the Service Agreement. If no Service Agreement is applicable, then the following shall apply: These TOS will be governed by the laws of the State of Oregon. Any action or proceeding arising from or relating to these TOS shall be brought in a federal court in the State of Oregon or in state court in Multnomah County, Oregon, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
Severability.
If any provision of these TOS is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Attorney Fees.
If any legal action is brought to enforce these TOS, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case.
Conflicts.
In the event of any conflicts between the terms of these TOS and the Service Agreement, the terms of the Service Agreement shall control.
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