NIELSENIQ PORTAL SERVICES
TERMS AND CONDITIONS
Revised: February 2024
What’s new:
1. Users are prohibited from use of bots on NIQ services or content
2. Users are prohibited from use of any AI alongside NIQ Services or Content
Please read and accept our Terms and Conditions
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW, THE ENTITY LICENSING THE SERVICE DESCRIBED HEREIN ("COMPANY"), THROUGH ITS AUTHORIZED REPRESENTATIVE, CONSENTS TO BE BOUND BY AND TO BECOME A PARTY TO THIS AGREEMENT. IF ANY OR ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT ACCEPTED, THE BUTTON STATING "DECLINE" MUST BE SELECTED AND ACCESS WILL BE DECLINED.
GENERAL.
These Terms and Conditions apply when using NielsenIQ Connect™, NielsenIQ Discover™, NielsenIQ Answers™, NielsenIQ Insight Studio™ and/or other applicable applications or services of Nielsen Consumer LLC or one of the other NielsenIQ group of companies (collectively, "NielsenIQ") accessed through the NielsenIQ technology (collectively, the "Services") via this NielsenIQ provided website or platform ("Site") and/or a NielsenIQ provided mobile application that incorporates these Terms and Conditions ("App"). By accepting this License Agreement (the "Agreement"), Company shall have access to the licensed Services via the Site and/or the App and the applicable suite of Site and App products and services that provide access to NielsenIQ information, data, images, graphics, sounds, software and other components in the Site or App, and in certain circumstances, to third party content (hereinafter collectively referred to as the "Content"). Company acknowledges and agrees that, in addition to the terms and conditions of this Agreement, Company's receipt and use of the Services, including the Content is subject to the terms and conditions of the service agreement(s) or other agreement(s), if any, between Company and the applicable NielsenIQ company, under which Company is licensed to receive and use such Services, including the Content. In the event that a conflict exists between this Agreement and the aforementioned agreement(s), such agreement(s) will take precedence with respect to Company's receipt and use of the Services, including the Content; to the extent that this Agreement contains terms and conditions not contained in such agreement(s), by clicking the "Accept" button below, Company further accepts such terms and conditions with respect to the receipt and use of the Content and Services provided hereunder. NielsenIQ may revise this Agreement, in whole or in part, at any time in its sole discretion and will post such revised Agreement, and Company's access to and continued use of the Content and Services will be subject to the revised Agreement.
USING AN APP.
These terms apply to any App NielsenIQ may offer.
If the licensed Services include delivery via an App, an authorized Company user of the App may download and install the App on one or more eligible mobile devices such as Android, iPhone® or iPad® devices ("Devices") which such user or Company owns or has the right to use for purpose of accessing the applicable licensed Services for authorized Company business purposes only. Company is fully responsible for any activity that occurs through an account set up with an App. The account may not be registered using false personal information or created through unauthorized means or for anyone other than the authorized Company user. In using an App, Company and its authorized users may not modify, distribute, republish, post, upload, transmit, decompile, reverse engineer or copy any part of the App. NielsenIQ is not responsible for any errors that may occur in an App, including any which may cause temporary interruptions in the use of the Devices or loss of NielsenIQ-provided Content or other information posted by Company.
SERVICES, CONTENT.
The Services, including Content are owned by NielsenIQ and licensed to our clients.
The Services, including all Content is owned or controlled by NielsenIQ or by the party credited as the provider of the Content. Without limiting the foregoing, Company specifically acknowledges and agrees that its access to all Content is subject to restrictions on permissible and prohibited uses. Such prohibited uses are set forth below, which shall be in addition to any prohibited or permissible uses set forth in the aforementioned agreement(s), if any. Company shall not interfere with the integrity or performance of Services or any Content therein.
PROHIBITED USES.
You are subject to the restrictions below unless NielsenIQ otherwise agreed in writing.
The Content is furnished only to convey the information therein contained. Such Content shall remain the property of NielsenIQ (in which NielsenIQ retains all rights including, but not limited to, all copyrights), or the property of the party credited as the provider of the Content. Except as specifically permitted under the terms of Company's agreement(s) with the applicable NielsenIQ company, if any, or otherwise agreed by NielsenIQ in writing, Company may not (i) transfer, share, copy, republish in any medium, sublicense, lease, rent, lend, distribute or disclose the Content, in part or in whole, to anyone outside of Company;Except as specifically permitted under the terms of Company's agreement(s) with the applicable NielsenIQ company, if any, or otherwise agreed by NielsenIQ in writing, Company may not (i) transfer, share, copy, republish in any medium, sublicense, lease, rent, lend, distribute or disclose the Content, in part or in whole, to anyone outside of Company; (ii) incorporate the Content, or any portion thereof, in any other material or work distributed or disclosed to others; or (iii) use, or permit or allow the use of, any Content in any legal or government proceedings (including, but not limited to, any use in litigation and/or use with any governmental investigatory, regulatory or other body or authority) unless compelled by law and upon prior written notice to NielsenIQ to provide it an opportunity to respond and to protect its Content (iv) use or attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other device, program, tool, algorithm, process or methodology to systematically access, acquire, copy, download, extract or monitor any portion of the Services, including the Content; or (v) use the Services, including the Content in conjunction with any machine learning, neural network, deep learning, predictive analytics or other artificial intelligence computer or software program. Company's obligations under this section are not changed in any way by the publication of Content, in whole or in part, of the information therein in any manner whatsoever by NielsenIQ or by others.
COPYRIGHT.
Our content is protected by copyright laws.
The Content is protected by United States and International Copyright Laws. Company agrees to abide by all notices of copyright or other intellectual property rights, information, or restrictions contained in any Content. NielsenIQ has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. NielsenIQ reserves the right to remove any Content contained in or posted to the Site or an App that allegedly infringes another person's copyright. Notices to NielsenIQ regarding any alleged copyright infringement on the Site or App should be directed to NielsenIQ's General Counsel's Office, at 85 Broad Street, New York, NY 10004, U.S.A., or legal.notices@smb.nielseniq.com. 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.
USER IDs AND PASSWORDS.
1. You must notify us when an employee leaves the company so we can close their account.
2. You shall access the Services using a user ID assigned by us.
3. You cannot use IDs that are not yours.
4. We can suspend Services and/or revoke IDs in case of a breach of this agreement.
Access to information through NielsenIQ Connect, NielsenIQ Discover and/or other applicable Services requires the use of identifiers ("IDs"), including Company name, employee name and passwords by each individual user which shall be assigned by NielsenIQ. Company is fully responsible for maintaining the confidentiality and ensuring proper authorized use of, and all activities that occur under, any and all of Company's passwords and accounts. Company agrees to comply with user authentication and the security of any and all hosts, networks and/or accounts and to notify NielsenIQ immediately when a user leaves the Company and/or is no longer acting on behalf of Company and in the event of any unauthorized access or use of the Content. NielsenIQ may revoke and/or change ID's, and reserves the right to suspend access to the Content through the Services in the event of any breach of this Agreement or the Company's agreement(s), if any, with the applicable NielsenIQ companies.
CLIENT CONTENT.
Given you upload content or data to one of our platforms, you must follow these conditions.
Company may be able to post information to the Client Content area of NielsenIQ Connect, NielsenIQ Discover and other applicable Services. If so, all postings will be subject to the following conditions:
1. The content posted must be related to Company's business and relevant to Company's relationship with NielsenIQ. Personal postings are expressly prohibited.
2. Posted content shall not be disparaging to NielsenIQ or its business.
3. Posted content may not be interactive, will not include cookies or other tracking software, and must be free from viruses, harmful routines or devices.
4. Company may only post material to which Company has rights of access and which NielsenIQ and its agents may view as posted without any breach of confidentiality or potential infringement of any third party intellectual property right.
5. Company may not post any material that violates any applicable federal, state or local law, including the laws of any country in which the content is posted or viewed.
6. NielsenIQ must have access to all material posted. Material on the site may be audited for compliance to this policy by NielsenIQ or its agents.
7. Upon termination of Company's license to access the applicable Services, NielsenIQ will not be required to maintain any content posted by Company through such Services and Company shall be responsible for removing such content prior to termination.
8. Company assumes all responsibility for, and NielsenIQ expressly disclaims, any and all liability with respect to any content or other materials posted to the applicable Services. NielsenIQ reserves the right to remove, without notice, any content that it deems, in its sole discretion, to be inappropriate or inconsistent with its management of the applicable Services.
DISCLAIMER OF WARRANTY. ALL NIELSENIQ CONTENT, INFORMATION, DATA, SOFTWARE, AND THE SITE AND APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE." NIELSENIQ HEREBY DISCLAIMS, ON BEHALF OF NIELSENIQ AND ITS LICENSORS, AND COMPANY HEREBY WAIVES, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO COMPANY AND ANY THIRD PARTY, WITH RESPECT TO THE SITE, ANY APP, CONTENT AND OTHER SERVICES HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, OR THAT THE CONTENT WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION, OR THAT THE SITE, APPS OR THE SERVERS THAT MAKE THE CONTENT AVAILABLE ARE FREE OF VIRUSES, WORMS, BUGS OR SIMILAR COMPONENTS OR THAT SECURITY WILL NOT BE BREACHED. THE CONTENT IS SUBJECT TO CHANGE, AND NIELSENIQ ASSUMES NO LIABILITY WHATSOEVER WITH RESPECT TO SUCH CHANGES. NIELSENIQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT OR ANY MATERIALS IN THE SITE OR ANY APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NIELSENIQ MAKES NO COMMITMENT TO UPDATE THE SERVICES, CONTENT OR MATERIALS ON THE SITE OR ANY APP.
LIMITATION OF LIABILITY. NEITHER NIELSENIQ NOR ANY OF ITS LICENSORS WILL BE LIABLE FOR THE CORRUPTION, UNAUTHORIZED USE OR DISCLOSURE, OR ERASURE OF INFORMATION, DATA, SOFTWARE TRANSMITTED, RECEIVED OR STORED ON THE SITE OR ANY APP OR ITS SYSTEM OR ANY THIRD PARTY SYSTEM. NIELSENIQ RESERVES THE RIGHT TO SUSPEND SERVICES WHEN, IN IT’S SOLE DISCRETION, FAILURE TO DO SO WOULD COMPROMISE PERFORMANCE OR SECURITY. IN NO EVENT SHALL NIELSENIQ OR ANY OF ITS LICENSORS BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OR CORRUPTION OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES RESULTING FROM THE LOSS OF, INABILITY TO ACCESS, OR INABILITY TO RECEIVE OR TRANSMIT, THE INFORMATION AND DATA CAUSED BY OR RESULTING FROM DELAYS, NON-DELIVERY OR SERVICE INTERRUPTIONS DUE TO CIRCUMSTANCES NOT IN THE DIRECT CONTROL OF NIELSENIQ SUCH AS USERS' EQUIPMENT CAPABILITIES, TELECOMMUNICATIONS FAILURES OR INTERNET SERVICE PROVIDER LIMITATIONS. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY AND WHETHER NIELSENIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
INDEMNIFICATION.
Company agrees to defend, indemnify and hold NielsenIQ and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from: (i) Company's use of the Content, Site and/or App; (ii) the placement or transmission by Company of any message, information, software or other materials through its access to the Content; and/or (iii) any violation of this Agreement by Company.
LINKED SITES.
We are not liable for any third-party links
The Site or Apps may include links to other sites which are not maintained by NielsenIQ. NielsenIQ is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by NielsenIQ of the sites or any products or services referred to therein. NielsenIQ may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the NielsenIQ Site. If a Company user decides to access any third party site linked to the NielsenIQ Site, such access is done so entirely at Company's own risk and NielsenIQ shall have no liability for any loss or damage arising from Company user's use of any such site.
PRIVACY NOTICE.
NielsenIQ's Privacy Notice is incorporated herein by reference.
FEES AND PAYMENTS.
All fees and charges, if any, shall be billed to and paid for by Company, including all applicable taxes relating to use of the Content through Company's account.
GOVERNING LAW; WAIVER.
This Agreement and the parties' respective rights and duties shall be interpreted and governed in accordance with the internal laws of the State of Illinois, United States of America. No waiver by either party of any breach of this Agreement by the other shall be a waiver of any preceding or subsequent breach thereof.
ENTIRE AGREEMENT.
This Agreement and NielsenIQ's Privacy Notice, along with the Company's agreement(s) with the applicable NielsenIQ company, if any, incorporated herein by reference, constitutes the entire agreement between the parties with respect to the Content, and supersedes all prior negotiations and agreements, whether oral or written, with respect to the Content.
THE INDIVIDUAL THAT ACCEPTS THIS AGREEMENT ON BEHALF OF AN ENTITY REPRESENTS AND WARRANTS THAT HE/SHE IS ITS AUTHORIZED REPRESENTATIVE, AND THAT HE/SHE HAS READ AND UNDERSTANDS THE FOREGOING AGREEMENT AND PRIVACY NOTICE AND AGREES THAT SUCH ENTITY WILL BE BOUND TO ALL OF THE ABOVE TERMS AND CONDITIONS.