Terms of Service

This website and the service known as Kantar Video (the “Service”) is owned and operated by Kantar Video (“Kantar Video”, “we”, “our” or ”us”).

Please read these terms (the “Terms of Service”) carefully beforeregistering or using the Service. If you do not accept these Terms of Service, then you may not use the Service. If you are using this Service on behalf of a business entity, then you represent and warrant that you have the authority to bind such business to these Terms of Service, in which case the term “you” shall refer to both you and the business entity.

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, YOU MAY NOT USE ANY PORTION OF THE SERVICE.

OVERVIEW OF THE SERVICE

This Service enables the distribution of video content provided by you (“Video Content”) to various third party video services that are not under the control of Kantar Video (“Video Services”). Kantar Video will thereafter collect and use certain data in connection with the distribution of the Video Content, as described in these Terms of Service or on the Service itself. The term Video Content also includes all other content, data or information that you provide to Kantar Video.

AUTHORIZED USE OF THE SERVICE

You may only use the Service as set forth in these Terms of Service and as described on the Service. Subject to the foregoing, Kantar Video hereby grants you a limited, non-transferable, revocable license to use the Service for your own business needs. You may only use the Service in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject (“Laws”).

VIDEO CONTENT OBLIGATIONS AND LICENSE

Notwithstanding anything to the contrary in these Terms of Service or on the Service itself, you agree that you are solely liable for the Video Content, all materials contained in such Video Content and the use and distribution of the Video Content in connection with this Service.

You hereby grant Kantar Video a non-exclusive, worldwide, royalty-free license to store, copy, distribute, re-format, append (for data purposes), display and otherwise use the Video Content in connection with your use of the Service. Except for the foregoing license, Kantar Video acknowledges that it does not have any other rights to the Video Content

You agree that Kantar Video may your company’s name, logo and trademarks for promotional purposes in connection with the Service.

PROHIBITED CONTENT AND SERVICE USAGE

Kantar Video is not responsible for monitoring or screening Video Content, but reserves the right to do so. You are solely responsible for the Video Content that you post on the Service or make available to others.

Categories of prohibited Video Content below are merely examples and are not intended to be exhaustive. Kantar Video will make the sole determination as to whether or not Video Content is acceptable for the Service. Without limitation, you agree that you will not post or make available anything that contains Video Content that:

is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner or authorized licensor of such materials to post on the Service);
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual;
promotes or encourages violence against a person or damage or destruction of property;
is inaccurate, false or misleading in any way;
is illegal or promotes any illegal activities;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
or violates any Laws.

If you become aware of any objectionable content on the Service, you must immediately contact us at KantarVideoService[at]Kantar.com and give us as much information as possible regarding such violation.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Service.

You may not resell use of, or access to, the Service to any third party.

DATA

You authorize Kantar Video to tag all of your Video Content and collect data in connection with the use and display of the Video Content. All data collected by Kantar Video from any third party, including a Video Service, (collectively “Service Data”) shall be owned by Kantar Video. Kantar Video grants you a perpetual, non-exclusive, worldwide, royalty-free license to use any Service Data provided by Kantar Video to you in connection with your authorized use of the Service.

Kantar Video may provide you with the ability to opt-out of certain Service Data collection practices or uses. If you do not opt-out of such practices or uses, Kantar Video shall be permitted to use the Service Data for any reason.

REGISTRATION AND PASSWORDS

In order to use many features of the Service, you must register to become a member. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You may not share your password with any other party. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. Kantar Video will presume that all activity under a user name and password is being conducted by you. If you suspect any unauthorized use of your user name and password, it is your responsibility to contact Kantar Video immediately.

SUBSCRIPTION

You will be entitled to receive the Service only during the subscription period (“Subscription Period”) specified in your billing form (“Billing Form”). Monthly subscriptions, as well as annual subscriptions will automatically renew on a month-to-month or year-to-year basis until cancelled by you by following the instructions in the section below entitled “Suspension and/or Termination.” Free Trial subscriptions will automatically upgrade after 30 days to a basic tier service (i.e. Silver) unless during the trial period your subscription is canceled by you. Each month during the Subscription Period, you will be entitled to access only the allotment of video specified in the Billing Form (“Monthly Allotment”).

PAYMENT TERMS

You agree to pay Kantar Video the subscription fee specified in the Billing Form during the Subscription Period (“Subscription Fee”). A valid credit card is required to subscribe to the Service. The Subscription Fee is payable in advance for the Subscription Period, regardless of whether the Subscription Period is on an annual or a month-to-month basis. If your subscription is on a month-to-month basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the month begins. Subscription Fees are non-transferable. Accordingly, if you elect to cancel your monthly subscription to the Service during the Subscription Period, you will not receive a refund of the Subscription Fee(s) previously paid to Kantar Video. If you elect to cancel your annual subscription to the service during the Subscription Period, you will receive a partial refund pro-rated based on unused months left in your annual subscription. If your subscription is on a month-to-month basis and your credit card is no longer valid, then, unless you provide a new valid credit card, Kantar Video will terminate the Service prior to the start of the subsequent month. The Subscription Fee is payable in United States dollars (including, if any, all applicable taxes).

THIRD PARTIES, SERVICE PROVIDERS AND LINKS

This Service may contain information from, links to or involve the use of third party service providers, including but not limited to Video Services and common carriers. Despite any such third party information that might appear on the Service, Kantar Video does not endorse and is not affiliated with such third parties unless the Service clearly states otherwise. As a result, Kantar Video not responsible for the acts, omissions, practices or content of such other web sites or services.

By way of example, Kantar Video is not responsible if a Video Services does not use the Video Content as instructed or permits unauthorized use or access to the Video Content, and you agree not to hold Kantar Video liable for any such acts or omissions by a Video Service.

FEES

Kantar Video shall charge such fees as it may choose making changes in its fee schedule with no prior written notice to expired, free trial or other non-fee paying users. However, current clients making timely payment shall be granted 30 days prior written notice before any increase in fees or reduction in service may be taken.

CHANGES

Kantar Video, in its sole discretion, may modify, enhance, discontinue or otherwise change the Service, in whole or in part, at any time without notice to you.

Kantar Video my limit any usage of the Service due to limits on storage space.

In addition, Kantar Video may modify these Terms of Service at any time. All changes to these Terms of Service shall be posted on this web page or Kantar Video shall otherwise provide you with access to such changes. Your continued use of the Service after such changes have been made available to you means that you accept such changes.

The information in the Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

SUSPENSION AND/OR TERMINATION

In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time without notice and without cause.

We may also remove any Video Content that violates these Terms of Services or may otherwise expose Kantar Video to liability.

You may terminate your use of the Service at any time by 30 days prior written notice. However, contract terms longer than the notice period shall be in effect at all times.

PRIVACY

The privacy of the personally identifiable information you provide to us is very important. For more information on our practices regarding your personally identifiable information, please read our Privacy Policy. The Privacy Policy applies your personally identifiable information, and does not apply to Service Data.

COMMUNICATIONS WITH KANTAR VIDEO

Any communication or material you transmit to Kantar Video by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by the Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and/or posting. Furthermore, you expressly agree that Kantar Video is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Kantar Video without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

PROPRIETARY RIGHTS

Kantar Video or its licensors are the exclusive owners of all content, software, graphics, designs, programs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials on the Service without the prior written consent of the owner of such materials. All rights not granted under these Terms of Service are reserved by Kantar Video and its licensors.

NO WARRANTIES

THE SERVICE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND KANTAR VIDEO, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OR INFORMATION ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KANTAR VIDEO, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS AND SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KANTAR VIDEO, ITS AFFILIATES, BUSINESS PARTNERS AND SERVICE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY CONTENT OR INFORMATION CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KANTAR VIDEO SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR INFORMATION AND ANY ERRORS CONTAINED THEREIN THAT ARE PROVIDED BY THIRD PARTIES. IN NO EVENT WILL KANTAR VIDEO, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS AND SERVICE PROVIDERS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT KANTAR VIDEO, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LIABILITY TO KANTAR VIDEO, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS OR SERVICE PROVIDERS FOR DIRECT DAMAGES EXCEED THE GREATER OF (i) $100 OR (ii) THE AMOUNTS PAID BY YOU FOR THE SERVICE DURING THE PRIOR TWELVE (12) MONTH PERIOD.

You acknowledge that Kantar Video has entered into this agreement relying on the limitations of liability stated herein and that Kantar Video would not offer you the Service without those limitations, which are an essential basis of the bargain.

INDEMNITY

You agree to defend, indemnify and hold harmless Kantar Video, its affiliates, agents, advisors, business partners, licensors, service providers and each of their respective officers, directors, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) arising from: (i) any breach by you of these Terms of Service, (ii) your Video Content, (iii) your use of content, information or services available on the Service or (iv) a violation by you of any Law.

GOVERNING LAW

The laws of the State of New York shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in writing to Kantar Video within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

SEVERABILITY

If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.

WAIVER; REMEDIES

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Any rights, remedies or obligations of Kantar Video under these Terms of Service may be exercised by any company affiliated with Kantar Video.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the Service by third parties not within our control (such as Video Content). We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 us to locate the material;
Information reasonably sufficient to permit us 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;
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; and
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.

All DMCA notices should be sent to our designated agent as follows:

Kantar Video
Attn: CEO, Kantar Video
292 Madison Avenue
4th Floor
New York, NY 10017
212-548-4739

Email: Copyright[at]KantarVideo.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

INTERNATIONAL ACCESS

This Service is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of ther countries may differ regarding the access and use of the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all Laws outside of the U.S.A.

CONTACT INFORMATION

Should you have any questions, or if you wish to report a problem with the Service, the content or another user, you may contact us at KantarVideoService[at]Kantar.com.

EFFECTIVE DATE

These Terms of Service were last updated on May 10, 2010.