Your Privacy Matters

Digital Reflection is part of an online market research community with millions of members worldwide. As a member, you’ll contribute to the future of the Internet by allowing us to monitor your Internet browsing and purchasing activity (which may include the content of web pages visited) as well as your network activity, in order to understand how you, your household, and users of your network interact with the digital world.

Digital Reflection Privacy Policy

Effective Date: February 1, 2020

Digital Reflection is a division of VoiceFive, Inc., a wholly owned subsidiary of comScore, Inc. (“Comscore”), (“Digital Reflection,” “we,” “us,” or “our”). Our online market research community has millions of participants who are interested in voicing their opinions through their survey responses and activities, as described below, and in influencing which products and services are offered. Panelists allow their digital consumption behavior to be collected and used to produce a variety of reports about consumers' preferences and interests.

The information you contribute is used by Comscore, a globally-recognized authority on market research and cross-platform consumption behavior trends, whose data are routinely cited by major media outlets such as The New York Times®, The Wall Street Journal®, and CNN®. The data are extensively relied upon by some of the world’s largest media companies, advertisers and film studios and its strategic partners include the most important players in the TV and digital media and advertising ecosystem. To learn more about Comscore, please see www.comscore.com.

This Privacy Policy sets out the data practices for the Digital Reflection panel (“Panel”), associated website at www.digitalreflectionpanel.com (“Website”), the Digital Reflection Internet Meter (“Meter”), the Digital Reflection Device Registration Application (“Application”), and all other products, software, and services offered by us in connection with your participation in our Panel.

The Short Version

By participating in a voluntary Panel and installing our Meter, Panelists allow us to collect all information about user activities on any device that is connected to their home network and on any device on which they install our software. This includes, for example:

  • personal and online identifiers,
  • online browsing activities,
  • phone, hardware, and application usage,
  • information that you view or enter online,
  • your purchasing behavior and transactions,
  • demographic information, and
  • information about your activities during secure sessions.

We may collect information about you or your household from third parties as well. Your voluntary participation in our Panel will also allow us to send you periodic surveys. For details about our practices, please read this entire Privacy Policy.



What information is collected and why

Information you provide to Digital Reflection.

We may collect personal information about you when you choose to provide it to us through our Website or otherwise. For example, when you register to participate in our Panel or otherwise provide information through one of our Websites covered by this policy you may provide us your contact information to create an account or receive email communication. We may collect such information directly from you or we may receive it from a third-party company that is acting on our behalf or that otherwise refers you to us.

This information may include personal identifiers such as your name, address, phone number, and email address, self-reported demographic information (e.g., race and gender), among other types of information, including any personal information you provide to us in a message. We may also collect personal and other information about you through your responses to our voluntary surveys. We may combine any information that you provide to us in your survey responses, through our Website, and through your participation in our Panel with any other information that we collect from or about you.

This information is used to manage your participation, verify your identity for Data Subject Requests, process applicable rewards and prizes, and measure your internet usage and media consumption habits.

Information collected automatically when you visit our websites.

Our Website and application automatically create logs regarding your activity on our Website. These logs may identify the features that you use, the actions that you take, and the information that you access while on our Website or mobile app.

The personal information collected from you may include online identifiers (e.g., IP address) and Internet or other electronic network activity including information about your browsing history, operating system, browser type, website preferences, and your use of our website or application (e.g., time accessed, duration of visit, etc.). We generally use this information in statistical and aggregate formats to assess the effectiveness of our Website and application and to better understand your priorities and interests.

Information you provide via the Meter.

We collect personal and other information about you when you choose to participate in our Panels by installing the Meter, the Application, and other software. This Meter allows us to monitor your digital consumption behavior on any computer or device that is connected to your network through both wireless and wired connections. Our Meter collects this information regardless of whether you are connected to the Internet at the time. If you allow others to connect to your network, information about their use of their computer or any device that is connected to your network may also be collected.

In order to make sure that the Meter is running properly, and to keep pace with changing Internet technologies, the Meter may collect information relating to its functioning and whether it needs to be upgraded. If the Meter needs to be upgraded, it will do so automatically. However, any such upgrades will not change the scope of the information collected by the Meter beyond what is described in this Privacy Policy.

We may collect the following information about the Meter and any devices connected to your computer or your network, including smartTVs, tablets, smartphones, set-top boxes, printers, routers and game consoles:

  • online identifiers (e.g., cookie ID, device ID, etc.),
  • IP address and geolocation inferred by the IP address,
  • general hardware, software, computer or device configuration information about the computer on which you install our software or any connected device,
  • operating system,
  • browser information, such as type and version,
  • speed of the computer processor, its memory capacity, Internet connection speed, and device type and configuration,
  • Meter transmit and receive speeds, uptime, memory usage, and CPU usage,
  • number of devices on the network (along with the MAC addresses for those devices),
  • overall network and data volume,
  • user agent strings,
  • information about the cookies that are set on your computer or device, and
  • certain Dynamic Host Configuration Protocol (“DHCP”) information used to identify the device.

We also collect information about your web browsing activities and use of the applications on your devices, including:

  • Internet or other network activity,
  • what you click on and what you type,
  • time you spend on a particular website,
  • the content on the websites you visit and in the applications you use,
  • the context and location in which certain content is displayed on individual web pages,
  • any information that is available through these websites or applications,
  • any information that you submit to these websites and applications (e.g., search queries),
  • select email header information from web-based emails,
  • information about any software or applications that you download or use, and
  • information about your use of video streaming services.

Our software may also collect information about the activity that you undertake during secure sessions, such as filling a shopping basket, completing an application form, or checking online accounts. We may use software-based technologies, including a root certificate which allows us to decrypt secure URLs and pages, to collect this information from your device. In addition to the information listed above, we may also collect the following during secure sessions:

  • any information that you submit through the websites you visit during these sessions (e.g., usernames, passwords, bank account numbers, credit card numbers, other financial information, professional or employment-related information, education information, etc.) and
  • commercial or transactions information, such as records of products or services purchased.

We make commercially reasonable efforts to automatically filter out certain personal information collected from our Panelists such as password, credit card numbers, and account numbers. However, we may collect such information about our Panelists. We make commercially reasonable efforts to destroy or encrypt any confidential personal information that is not filtered automatically. We also audit our processes on a regular basis to refine our collection methods to prevent the collection of this information going forward.

When we collect information transmitted during a secure session, such as any activity that takes place across the HTTPS protocol, we take reasonable precautions to protect the security of the information that we collect. For example, such information may be transmitted from your device to our software through a secure connection and then from our software to the destination server through a second secure connection.

If you have created an account for the Panel in which you choose to participate, any information collected from or about you as a result of your participation in the Panel may be associated with your account, including the personal information associated with that account. The information collected from you because of your panel participation is used to create a profile about your internet usage and media consumption habits.

Information Collected from Third Parties.

We may also collect data about you from third parties and service providers collecting your information on our behalf, as well as companies such as, information resellers, search engines, email providers, social networks and other application service providers whose Internet sites or applications you use. For a list of some of our specific partners please click here.

For example, we may use third parties, including television and mobile communication service providers, website and application operators, social media platforms, consumer preference reporting companies, and credit reporting agencies, to obtain information about your:

  • online web browsing activities,
  • television viewing behavior (such as programs that you watch and record, your usage of your set-top box, your consumption of on-demand programming and over-the-top content, and your usage of interactive television applications),
  • interests,
  • your use of credit, and
  • usage of applications, social media platforms, and your mobile device(s).

We may integrate such data with the data that you provide to us or that we collect from you in connection with your participation in our Panel, provided that our acquisition and processing of such information adheres to the privacy principles included in this Privacy Policy.

This information may identify the content that you view on the websites that you visit or the applications you use, which may further provide Comscore with inferences drawn from the information about your actual and predicted affiliations, interests, and other characteristics. We may also share information with and receive information from third parties who help us enhance our data, such as providing additional demographic information. We may also use the information we have collected from you to identify your use of search engines, email providers, social networks and other application service providers whose Internet sites you visit.

We use the information collected through our software and your survey responses, combined with information from other sources, to make predictions and evaluations about current and future digital consumption behavior based on inferences drawn from the information collected. We make this data available so that our customers may enhance their own understanding of digital consumption trends.

Additionally, we may use the personal information that you provide to us to operate and improve our products and services, including our Website, to communicate with you, to provide you with information or services that you have requested, and to provide our products and services to our customers.

How we share the information we collect

Sharing for business purposes. We may provide personal information to third parties and/or service providers to improve our products and services and to operate our business. We may share all the categories of information listed in this Privacy Policy with other companies including Digital Reflection affiliates, subsidiaries, or parent companies as well as third-party data enrichers, data quality aggregators and providers of data matching services:

  • to operate Digital Reflection’s products and services or support general operations of business;
  • to integrate the products and services of our business partners;
  • to use third-party cloud services to host our Website, and process and store the information we process about you; and
  • for any other legitimate business purpose.

Sharing for commercial purposes. We may share all the categories of information listed in this Privacy Policy with:

  • our customers, which include, among others, media companies including Google, brands, public relations companies, and marketing and advertising agencies; and
  • a select group of third parties that have asked us to provide special research services (our “Partners”).

Our Partners are companies who have referred you to us and requested that we provide them with information about your participation in our Panel. These Partners may match (i.e., compare) and/or combine the information that we provide to them with any information that they have separately collected about you, and they may use this information to create a variety of reports, including market research reports. To learn about our Partners, please visit our Partners List. Our Partners List may be updated from time to time.

Corporate transactions. In the event of a corporate sale, merger, reorganization, dissolution or similar event, any personal information and data we process from you may become part of the assets we transfer or share in preparation for any such transaction. Any acquirer or successor of Digital Reflection may continue to process personal information consistent with this Privacy Policy.

Compliance and compelled disclosures. We may share personal information:

  • with public authorities to respond to subpoenas, court orders, and other legal process, or as otherwise required by law;
  • to protect the rights, privacy, safety, and property of Digital Reflection, our customers, our business partners, or others; and
  • to exercise our legal rights or defend against legal claims, to enforce our contracts, to investigate, respond to and resolve problems or inquiries (including governmental inquiries), or to permit us to pursue available remedies or limit the damages that we may sustain.

How long we keep the information collected

We store your information for as long as is reasonably necessary for the purposes listed above or as required by applicable local law.

Your choices about your personal information

Certain domestic and international laws provide individuals with rights related to their personal information. These rights may include the rights, subject to certain exceptions, to access specific pieces of personal information, correct any errors to personal information, object to the processing of personal information, and delete the personal information. Individuals may also have the right under certain laws to opt out of the sale of personal information as defined by that law. Please note that these consumer rights and definition of “personal information” vary by jurisdiction.

We provide the right to access and delete personal information, subject to certain exceptions. To exercise your choices about your personal information, including choices which may not be listed above, please visit our Data Subject Rights Page. You may also contact us by email at privacy@voicefive.com.

If you would like to submit a request to opt out of the sale of your personal information, you may also exercise your right on our Data Subject Rights Page. In addition to exercising your rights, we recommend reviewing the Managing panel participation section to review how to uninstall the Meter and stop participating in the panel.

We may need to request additional information from you to verify your identity (e.g., your email address, cookie identifier, machine identifier, and/or device identifier) or understand the scope of your request. However, you will not be required to create an account with us to submit a request or have it fulfilled. You may designate an authorized agent to exercise your rights by contacting privacy@voicefive.com.

We will not discriminate against you for exercising any of the above rights. We may, however, offer you certain financial incentives permitted by applicable law as compensation for allowing us to collect, sell, or maintain your personal information through your participation in our market research efforts.

Managing panel participation

You may contact us at the support address listed below to do any of the following:

  • update your contact information; or
  • terminate your account.

To stop participating in our Panel, please contact the service provider who manages your support questions. Their contact address is listed below and can also be found in the communications you receive on a regular basis. You will be provided with instructions on how to disconnect and return the Meter, how to uninstall the Application from your device, and how to reconfigure any devices. If you remove our Meter without changing your communication preferences, you may still be contacted for administrative purposes or for special participant opportunities.

Please note that we may continue to use information collected during the time that you participated in the Panel, and all such information remains fully subject to, and governed by, the Privacy Policy that was effective at the time the information was collected.

For more information about your choices in relation to your personal information, including your choice to access and delete your personal information, please visit click here.

Children’s privacy

When your household participates in a Panel by installing the meter and/or other software, we will monitor the digital consumption behavior on any computer or device that is connected to your network through both wireless and wired connections, including the behavior of any child(ren) under 13 in your household. We will use and disclose information collected from your child(ren) in the same way that we use and disclose information from other individuals who use computers and devices participating in the Panel. For example, we can link the information collected from children back to other information that we collect through your household’s Panel participation (such as registration information) and from third parties as described in this Privacy Policy. These use and disclosure practices are described in detail in the other sections of this Privacy Policy entitled What information is collected and why and How we share the information we collect.

Where required by law, we get consent from a parent/guardian for our collection, use, or disclosure of information from child(ren) in the household. The information collected from your child(ren) includes persistent identifiers for the computer or device being used and any identifying information (e.g., full name, address, telephone number, email, or other online contact information) that the child enters while using a website or app, even during secure sessions.

If you would like to review and/or request that we delete any personal information we have collected from your child(ren) through this Panel, you can do so by submitting a request via our Data Subject Rights Page. If you do not want us to make any further use of personal information that we have previously collected from your child(ren) through this Panel, please delete the information using the above referenced mechanism. To stop us from further collecting personal information from your child(ren), please resign from the Panel as described in the section entitled Managing panel participation. If you have any questions about our privacy policies with respect to children or our use of personal information collected from children, you can contact us using the information below.

Interest-based advertising and market research

What is interest-based advertising?

Interest-based advertising, also known as Online Behavioral Advertising, allows advertisers to display ads tailored to your individual interests based on how you browse and shop online, as well as to provide advertising-related services such as ad delivery, reporting, attribution, analytics, and market research.

We may use third parties and service providers on our Website, as discussed in the What information is collected and why section, to collect information for interest-based advertising. This process may involve third parties and services providers using tagging technology, such as a cookie, on your device. These tags may collect data about your Web browsing over time and across digital properties, including information about the possible relationships among different browsers and devices. We adhere to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection to all interest-based advertising activities.

We may also set tags on your browser that collect information for ScorecardResearch, a service offered by Full Circle Studies, Inc., which is also a part of the Comscore market research group. The information collected from these tags is used for interest-based advertising purposes, where appropriate. Please note interest-based advertising services based on information collected by ScorecardResearch are not provided in the European Union (“EU”).

How do I manage my preferences for interest-based advertising?

You may visit www.aboutads.info/choices to learn more about interest-based advertising, to opt out of our collection and transfer of Web browsing information for interest-based advertising purposes, and to opt out of the collection and use of information for this purpose by other companies that participate in industry self-regulation. To opt out of our collection and transfer of application usage information for third parties to use for their own interest-based advertising purposes, you can use any controls that are provided for this purpose by the operating system on your mobile device. Please note that opting out will not stop advertising from appearing in your browser or in the applications you use. It may make the ads you see less relevant to your interests. You may also continue to receive interest-based advertising from other companies.

What is market research?

Market research is an organized effort to gather information about markets and customers. With the use of ScorecardResearch tags and surveys, Comscore’s market research group collects and analyzes information to provide products and services to companies around the world. This information helps companies better understand and meet the needs of consumers.

How do I manage my preferences for market research?

To control your level of participation in our market research programs or opt out, click here. By opting out of our market research program, ScorecardResearch Tags will only be able to count your visit to a particular site but not identify your device beyond that count. Additionally, if your mobile device platform offers settings to limit data collection for interest-based advertising, you can use these settings to opt out of participating in our market research programs. For example, your device may “Limit Ad Tracking.”

This opt-out does not stop your participation in the Panel, we may still collect information via the Meter. For more information about how to manage your participation in the Panel please click here.

What does opting out of market research on your browser do?

The browser opt-out mechanisms linked above are cookie based (i.e., a cookie must be on your computer to tell our systems that you have opted out). The cookie-based method does not prevent us from identifying certain events (e.g., when a user visits a website). The method, however, prevents us from associating that event with your browser or otherwise identifying you beyond us merely counting your visit. If you delete, block, or otherwise restrict cookies, this opt-out may not be effective. Additionally, because different computers and different Internet browsers require their own version of the opt-out cookie, you may need to perform this opt-out process on any computers and browsers that you want to be opted-out.

Other important information about your personal information

Security. We use organizational, technical, and administrative measures to protect your personal information. For an overview of our security measures, click here.

In addition, Digital Reflection submits to an annual independent SOC 3 audit, the assertion is available here.

Third-party links and services. Our Website may contain links to third-party websites. We do not control these linked websites and this Privacy Policy does not apply to those websites. We encourage you to read the privacy policy of any third-party website that you visit before you provide any information to that website’s owner.

International Visitors and the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks

If you visit our Website or participate in our program from locations outside of the United States, please note that any information you provide to us through your use of our Website or your participation in the program may be transferred to and processed in countries other than the country from which you accessed our Website or participated in our program, including the United States where our central database is operated. Subject to the next paragraph below, please be aware that the United States, and other countries in which your data may be maintained, may not offer an equivalent level of protection as provided for in your country.

We take measures to help protect your personal information when it is transferred from the European Economic Area (“EEA”) to third countries. We rely on European Commission adequacy decisions about certain countries, as applicable (see here). Comscore and its services comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area, the United Kingdom, and Switzerland to the United States. To learn more, please view our EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Statement. If there is any conflict between this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Other measures we may rely on from time to time include having standard clauses approved by the European Commission (see here) in our contracts with third parties that receive information outside the EEA or, in exceptional circumstances, transfer on the basis of permissible statutory derogations.

For individuals based in the EEA or Switzerland, comScore B.V., Herikerbergweg 280, 1101 CT Amsterdam, the Netherlands, is the controller for personal data collected and processed from visitors to the websites and users of the applications based in the European Economic Area (“EEA”) or Switzerland, unless otherwise stated in an application-specific privacy policy. comScore B.V. is a subsidiary of comScore, Inc.

For more information about our GDPR policies, please click here. Our GDPR Privacy Policy includes additional information, which complement this Privacy Policy, relating to the processing of ‘personal data’ and the exercise of rights under the General Data Protection Regulation 2016/679.

Changes to our Privacy Policy

We reserve the right to modify or update this Privacy Policy periodically. If we change our practices with respect to your information, we will notify you by posting a revised Privacy Policy on this Website with a new effective date, and the changes will be effective thirty-days after the posted date. We encourage you to revisit this Privacy Policy periodically to stay informed about our practices with respect to your information.

Authoritative Version. When the text of this Policy is available in multiple languages, the English version is the authoritative version, except where prohibited by applicable law.

Contacting Digital Reflection

If you have any concerns, questions, or would just like to better understand our privacy practices, please send an email to privacy@voicefive.com. If you prefer to contact us by mail, please write to VoiceFive, Inc., ATTN: Privacy, 11950 Democracy Drive, Reston, VA 20190.

For any non-privacy related issues, please contact help@digitalreflectioncenter.com.

Terms of Service

Last modified: December 19, 2017

These Terms of Service (the “Terms of Service”) govern your use of the websites located at TMRGInc.com, RelevantKnowledge.com, PremierOpinion.com, DigitalReflectionPanel.com, and VoiceFive.com (each a “Site”), which are operated by Comscore, Inc. (“we,” “us,” or “our”). The Terms of Service also govern your use of any software, applications, configuration files, meters, or other tools or programs (collectively, “Software”), that you access, use, or install in connection with your participation in our panels or surveys. Your agreement to the Terms of Service is a condition precedent to using this Site and the Software (collectively, the “System”). If you are a Software user, please pay particular attention to the “Software License & Ownership” and “Restrictions on Use” sections below.

BY CLICKING THE “ACCEPT” BUTTON, USING THE SITE, AND/OR DOWNLOADING THE SOFTWARE, YOU ACCEPT THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY ITS TERMS, AND YOU ACKNOWLEDGE AND AGREE TO THE PRIVACY POLICY.

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Binding Effect; Modification to these Terms of Service

These Terms of Service are a binding agreement. We will post a notification on this System in the event of any material changes to these Terms of Service. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this System. We will not be liable if, for any reason, all or part of this System is ever unavailable. From time to time, we may restrict access to all or some of this System. Please check these Terms of Service periodically for changes. Your continued use of this System following our posting of any changes to these Terms of Service means that you accept those changes. Without limitation to the foregoing, this provision does not apply in New Jersey.

Age Requirements for General Use of this System

Use of and participation on the System is restricted to those individuals who are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the System, you hereby represent that you are at least 18 years of age.

Use of the Software is additionally restricted to those individuals:

  • that are not employed or related to an individual employed by a market research company other than by us or our affiliates;
  • that allow their computers to be configured to use the Software; and
  • that agree and allow the Software to operate as described herein, including allowing the Software to automatically upgrade provided that any such upgrades do not change the functionality of the Software beyond what is described in these Terms of Service and the Privacy Policy.

Software License and Ownership

Subject to these Terms of Service and the Privacy Policy, we hereby grant you a limited, non-exclusive and non-transferable right and license to access and use the Software, solely for your own use and enjoyment and to participate in any panels and surveys. We have no obligation to deliver or otherwise make available to you any copies of any Software, whether in object code or source code form.

As between you and us, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary and intellectual property rights (collectively, “IPR”) in or related to the Software, and our confidential information and any Derivative Works (as defined below) for any of the foregoing regardless of who created it (collectively, “Our Assets”) are and shall remain our exclusive property, whether or not specifically recognized or perfected under local applicable law. Our Software incorporates and implements patented technologies. For more information visit http://www.Comscore.com/patents.

You shall not take any action that jeopardizes or could jeopardize Our Assets. Upon our reasonable request, you shall execute and deliver to us all instruments and other documents, and shall take such other actions reasonably requested by us, so that we may protect and defend our rights in and to Our Assets.

Restrictions on Use

Solely for Personal or Internal Use: You may browse this System and all associated content solely for your personal use. This System or any portion of this System may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as Condition to System Access: To access parts of this System or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this System that all the information you provide on this System is correct, current and complete.

Restricted Transmission: You agree not to use any device, software or routine to interfere with the proper functioning of the System. In using the System, you may not:

  • transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
  • transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
  • transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or Derivative Works (as defined below) with respect thereto, without first obtaining permission from the owner or right holder;
  • transmit any information, software or other material which contains a virus or other harmful component;
  • use any software, tool, data, device or other mechanism to navigate or search the System other than the search engine provided by us or generally available browsers;
  • frame or utilize framing techniques to enclose any aspect of this System, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
  • use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

Other Restrictions: Additionally, you are prohibited from violating or attempting to violate any security features of this System, including, without limitation:

  • accessing content or data not intended for you or logging onto a server that you are not authorized to access;
  • attempting to probe, scan, or test the vulnerability of this System, or any associated system or network, or to breach security or authentication measures without proper authorization;
  • interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this System, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  • using this System to send commercial e-mail, including, without limitation, promotions, or advertisements for products or services;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
  • transferring, distributing, selling, leasing, licensing or otherwise making any aspect or portion of the System available to a third party;
  • reproducing, copying, translating, modifying, adapting, decompiling, disassembling, creating any derivative work of, translation of, enhancement, upgrade, addition, development or improvement to an underlying intellectual property asset (“Derivative Works”) of the System, or reverse engineering the object code version of or otherwise attempt to secure the source code of all or any part of the System or access the System in order to build a similar or competitive product or service;
  • obfuscating, removing or altering any of the logos, trademarks, internet links, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the System; or
  • accessing or using the System in any way that is adverse to our then current acceptable use policies and agreements.

In addition to breach of contract claims, any violation of system or network security may additionally subject you to civil and/or criminal liability.

Copyrights, Trademarks, and Other Proprietary Rights of the Site

When accessing this System, you agree to obey the law and to respect the IPR of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any Visitor Content (defined below) that you provide or transmit to us.

All content on this System, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.

All trademarks appearing on this System are the property of their respective owners, including, in some instances, us and/or our partner companies. Unless expressly stated herein, nothing contained on this System should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by us or by any third party.

You may print or have printed by any third party any downloadable material contained on this System provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.

User Communications; Visitor Content

You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Visitor Content”) you transmit to us via this System, the Internet, e-mail or otherwise. You agree that all Visitor Content you submit to us is owned by you, and you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create Derivative Works from, distribute, perform, and display Visitor Content and to incorporate any Visitor Content in other works in any form, media, or technology now known or later developed, including, but not limited to, the right to publish Visitor Content or use Visitor Content on our System or in advertising of any type, with no obligation to pay you any consideration. We will not be required to treat any Visitor Content as confidential, and we may use Visitor Content in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind or as a result of any similarities that may appear in our future operations. Visitor Content does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information, all of which is subject to the privacy standards set forth in our Privacy Policy, which is expressly incorporated into these Terms of Service by this reference.

Sweepstakes, Contests and Promotions

Notwithstanding the foregoing, ownership and use of all Visitor Content and personal information submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the “Official Rules” or other Terms of Service of the applicable Promotion. If you participate in a Promotion, such Terms of Service, may, for example, permit us to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your personal information with third parties providing services in connections with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions that may be of interest to you, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, your personal information may be disclosed on a winners list as required by law.

Third-Party Links and Retailers

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) as well as the location of participating retailers. We have not reviewed all of the Third-Party Sites linked to this System and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products. While we provide links and locations of participating retailers and vendors who sell their products on-line, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this System and the links placed upon it. We therefore welcome any feedback on not only our own System, but also for Third-Party Sites and retailers we link to and/or identify on our System as well (including if a specific link does not work).

Disclaimer

THIS SYSTEM AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SYSTEM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THIS SYSTEM’S INFORMATION, PRODUCTS, GRAPHICS AND/OR OTHER MATERIALS, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SYSTEM OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Further, all of the information in this System, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this System, and we do not undertake any obligation to update such information after it is posted or to remove such information from this System if it is not, or is no longer, accurate or complete.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SYSTEM OR THE PERFORMANCE OF OUR PRODUCTS OR SERVICES, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, IF YOU ARE A USER OF THE SITE AND NOT THE SOFTWARE, EXCEED $100, OR IF YOU ARE A USER OF THE SOFTWARE, THE TOTAL LICENSE FEES PAID TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged, settled or finally adjudicated), losses, expenses, damages and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms of Service or any activity related to your account and use of the Site (including negligent or wrongful conduct) by you or any other person accessing this System using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Notices

We may give you responses or notices by e-mail to the address most recently provided by you, posting to this System, or by written communication sent by U.S. Postal Service and/or FedEx to the address most recently provided by you.

Disputes

Governing Law: These Terms of Service and your use of this System shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New York, U.S.A., without giving effect to any principles of any choice of law provisions.

Timing of Claims: Any cause of action or claim you may have with respect to this System (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue: In the event of any controversy or claim arising out of or relating to this these Terms of Use, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of sixty (60) days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in New York City, New York, U.S.A. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without our prior written consent. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.

Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Exclusions

Some jurisdictions, such as the State of New Jersey, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms of Service remain in full force and effect.

Miscellaneous

Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service. We may assign our rights and duties under these Terms of Service to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service. If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with our Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our services may receive consideration for their endorsement.

Questions

If you have any questions or comments regarding these Terms of Service, our Privacy Policy, or this System, please feel free to contact us by e-mail at privacy@Comscore.com.