Effective: November 5, 2020
1.2 BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD LEAVE THE PERMISIO SITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. WE MAY MODIFY THIS AGREEMENT FROM TIME TO TIME IN ACCORDANCE WITH THESE TERMS. FOR VISITORS, THESE TERMS APPLY ONLY TO YOUR CURRENT VISIT TO THE PERMISIO SITE — PLEASE CHECK THESE TERMS AGAIN ON YOUR NEXT VISIT FOR ANY CHANGES.
1.3 For individuals based in the United States, you are entering into these Terms with Quantcast Corporation, a Delaware corporation located at 795 Folsom St., San Francisco, California, 94107, United States, which is providing you with the Services. For individuals based outside of the United States, you are entering into these Terms with Quantcast International Limited, a company registered in Ireland under registration number 519517 and located at 1st Floor, Beaux Lane, Lower Mercer Street, Dublin 2, Ireland, which is providing you with the Services and also the data controller responsible for your personal data when you use the Services. The Quantcast entity referenced above that you enter into these Terms with will be referred to in these Terms as “Quantcast,” “we,” “us,” or “our.”
2. Description of Services
We may make available to you on the Permisio Site a variety of resources, including, but not limited to, Services, as well as additional information, content, and tools that we hope may be of interest to you. The Permisio Site, the Services, the Reports (as defined in Section 5.3 below), and the information, content, tools, text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos, computer code, design, structure, arrangement, selection, coordination, expression, and “look and feel” of the Permisio Site and Services will be collectively referred to in these Terms as “Permisio Content.” Unless explicitly stated otherwise, any new features or functionalities made available on the Permisio Site or as part of the Services are subject to these Terms.
3.2 We will use your Account information and create unique identifiers for you as necessary to provide you with the Services and manage your Account. For example, we need to use your Account information to allow you to log in to the Services, and we must create and assign unique identifiers to your Account to allow you to change your Account information without deleting your Account. We may also use your Account information to comply with our legal obligations.
3.3 You must be at least 16 years old to use or access the Permisio Site or Services. By registering an Account, you confirm that: (a) you are at least 16 years old; (b) you are not a person banned or restricted from accessing or using the Permisio Site or Services; (c) you will comply with all applicable laws; and (d) your use or access of the Permisio Site or Services does not violate any applicable law.
3.4 You must try to make any password you choose strong and secure. You are responsible for safeguarding the password that you use to access the Permisio Site or Services and you agree not to disclose it to any third party. You hereby take responsibility for all actions taken under your Account. You must notify us by emailing firstname.lastname@example.org as soon as possible if you know or suspect any unauthorized use of your account, user ID, password, or of any other security breach.
4. Acceptable Use
4.1 You agree to use the Permisio Site and the Services only in accordance with these Terms. While using the Permisio Site and/or Services you will not:
(a) engage in any illegal acts or acts which are offensive to others;
(b) violate any personal or property rights of any third party, including, but not limited to, intellectual property or privacy rights;
(c) copy, modify, adapt, translate, or create derivative works of any Permisio Content;
(d) reverse engineer, de-compile, deconstruct, or otherwise tamper with any technology application used by us;
(e) rent, lease, sell, assign, or otherwise transfer rights in or to the Services;
(f) post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the operation of the Services or the Permisio Site;
(g) circumvent, disable, or otherwise interfere with security-related features of the Services or the Permisio Site, or features that prevent or restrict use or copying of any Permisio Content;
(h) upload, stream, email, or otherwise transmit any viruses or other computer code that could interrupt, destroy, or limit the functionality of the Services or the Permisio Site, infect or damage another user’s computer, or interfere with the access of any other user to the Services or the Permisio Site;
(i) delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing on any Permisio Content;
(j) obtain any information or materials relating to the Services or the Permisio Site not intentionally made available to you, through any means;
(k) attempt to gain unauthorized access to the Services or the Permisio Site, or any technology, computer systems, or networks associated with the Services or the Permisio Site, or attempt to index, search, scrape, or crawl the Services or the Permisio Site with any automated process or other similar mechanism; or
(l) impersonate any person, or misrepresent your identity or affiliation with any person.
4.2 We may terminate or suspend your Account and your access at any time without notice, including without limitation in response to a suspected violation of these Terms.
5. Permisio Content
5.1 We are the owner or licensee of all intellectual property rights in the Permisio Content. All of these rights are protected by copyright, trademark, and other intellectual property laws and treaties around the world. All rights are reserved to the relevant owner or licensee of those works. Your use of any Permisio Content does not grant you any rights in relation to any intellectual property rights or other associated rights.
5.2 You may not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast, or commercially exploit any part of the Permisio Content unless you have received our prior written consent.
5.3 We may provide you with the ability to run reports using the Services, and if we do so, we hereby grant you a limited, revocable, non-exclusive, non-sub-licensable license to use, copy, and distribute the reports made available through the Services and connected with your Account (“Reports”), subject to compliance with these Terms.
5.4 You may print one copy, and may download extracts, of any page(s) from the Permisio Site for your personal reference, and you may draw the attention of others to material posted on the Permisio Site. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
5.5 You must always acknowledge our status (and that of any identified contributors) as the authors of material on any Permisio Content.
5.6 If you print, copy, or download any part of the Permisio Content in a way that breaches these Terms, your right to use any part of the Permisio Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5.7 We reserve the right to investigate any suspected or actual improper, illegal, or unauthorized use of Permisio Content (or any part of it), and we reserve the right to take appropriate legal action.
6. Links to Other Websites
The Permisio Site and Services may contain links to other websites. These links are provided for your convenience only. We do not monitor or verify in any way the content of any websites linked to from the Permisio Site or Services and are not responsible for the accuracy of such content or for any of the opinions expressed therein. Inclusion of any linked website on the Permisio Site or Services does not imply approval or endorsement of the linked website by us. You access third-party sites at your own risk.
7. Links to the Permisio Site
7.1 You may link to the Permisio Site homepage only if you do so in a manner that is fair and reasonable and that does not harm our reputation and does not take advantage of it. You may not link in such a manner as to suggest any form of association or approval on our part, unless you have received our prior written authorization. You must not frame any part of the Permisio Content on any other website, and you must not create a link to any part of the Permisio Site other than the homepage. We may withdraw our permission to any linking at any time without having to give prior notice.
7.2 If you wish to make use of any Permisio Content other than as set out above, please contact us at the following email address: email@example.com.
8. Reviews and Feedback
8.1 We may provide you with the ability to submit reviews to the Permisio Site or Services. If we do provide you with the ability to submit reviews to us, then when submitting a review of the Permisio Site or the Services, you must:
(a) focus on your personal experience of using the Permisio Site or the Services; and
(b) provide a description of what you liked or disliked about the Permisio Site or the Services.
8.2 If you provide us with reviews, we reserve the right not to post, or to remove, your review in our sole discretion. Our reasons not to post, or to remove, a review include, without limitation, a review containing the following types of material:
(a) language not suitable for a public forum;
(b) advertisements, “spam” content, or references to other products, offers, or websites;
(c) email addresses, links to other websites, or contact information relating to other persons (which includes commercial entities); or
(d) hateful, discriminatory, or critical comments about other users or their reviews.
8.3 If you wish to share feedback with us that does not relate to a review of the Permisio Site or Services, please contact us directly at the following email address: firstname.lastname@example.org.
8.4 You acknowledge that we may use, disclose, and exploit any feedback you provide to us for any reason, including improvement of the Services, without any restriction or obligation to you.
9. Access to the Permisio Site and Services
9.1 The Permisio Site and the Services are made available free of charge. Access to the Permisio Site and the Services is permitted on a temporary basis. We may, temporarily or permanently, limit, suspend, or cancel your use or access to the Permisio Site, Services, or any parts thereof, at any time if we determine that you have or are about to violate these Terms.
9.2 You are responsible for making all arrangements necessary for you to have access or use of the Permisio Site and Services and for ensuring that your device and computer software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software.
9.3 You are responsible for ensuring that all persons who access the Permisio Site and Services through your internet connection are aware of these Terms and any other applicable terms and conditions, and that they comply with them.
10. Data Protection
You agree to defend (if we so request), indemnify, and hold us, our subsidiaries, and affiliates, and their respective directors, officers, shareholders, and employees, harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand (including but not limited to any reasonable attorneys’ fees) made by any third party arising out of any breach by you (or a user of your Account) of any Terms.
12.1 We aim to ensure that the Permisio Content is accurate at the time of publication; however, the Permisio Content and parts thereof may change without notice and we may withdraw or amend the Permisio Content (or any part of it) or add or remove any features without notice. WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE QUANTCAST CONTENT, AND WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (WHETHER EXPRESS OR IMPLIED) THAT ANY OF THE QUANTCAST CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE.
12.2 By using the Permisio Site and/or the Services, you acknowledge that the transmission of data over the internet can never be completely secure, and you accept the risk that others may be able to read or intercept any information, text, or graphics that you submit or send to or through the Permisio Site and/or Services. This includes transmissions that are identified as secure or encrypted.
12.3 You acknowledge that we only provide the Permisio Site and Services for private and domestic use.
12.4 To the maximum extent allowed under law:
- all parts of the Permisio Content, including the Permisio Site and Services, are provided on an “as is” and “as available” basis, and we and our affiliates and business partners do not guarantee that Permisio Content (or any part of it) will be uninterrupted or error-free or that any of the Permisio Content will be secure or free from viruses, malware, or other harmful elements;
- your use of and access to the Permisio Site or Services is entirely at your own risk, and you assume responsibility and risk of loss or damage resulting from your use of or access to the Permisio Site, Services, and any linked websites. This includes viewing, accessing, relying on, installing, downloading from, or uploading to or through the Permisio Site or Services;
- we and our affiliates and business partners expressly exclude all representations, warranties, terms, conditions, and undertakings (whether express or implied) that are not expressly set out in these Terms;
- WE AND OUR AFFILIATES AND BUSINESS PARTNERS ARE NOT LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS; ANY LOSS OF INCOME, BUSINESS, REVENUE, PROFITS, USE, OPPORTUNITY, ANTICIPATED SAVINGS, GOODWILL, OR REPUTATION; ANY LOSS OR CORRUPTION OF DATA; ANY BUSINESS INTERRUPTION; ANY DECISION MADE IN RELIANCE ON ANY OF THE QUANTCAST CONTENT; OR ANY CORRUPTION OR DAMAGE TO EQUIPMENT, DEVICE, HARDWARE, OR SOFTWARE ARISING FROM YOUR USE OF, OR INABILITY TO USE, ANY OF THE QUANTCAST CONTENT. THIS APPLIES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
- THE MAXIMUM AGGREGATE LIABILITY OF QUANTCAST AND ITS AFFILIATES AND BUSINESS PARTNERS TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED €100.
12.5 We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so.
13. Suspension and Termination
13.1 Unless otherwise terminated in accordance with these Terms, these Terms will remain in full force and effect while you use the Permisio Site and/or the Services.
13.2 You may terminate these Terms at any time by deleting your Account and discontinuing access to the Permisio Site and use of the Services.
13.3 We may determine, in our discretion, if there has been a violation of the Terms. If you violate any of the Terms, we may immediately take all or any one or more of the following actions:
(a) temporarily or permanently withdraw your right to access or use the Permisio Site;
(b) temporarily or permanently remove your right to access or use any of the Services;
(c) issue a written warning to you;
(d) start legal proceedings against you for reimbursement of all of our costs and the costs of our affiliates and business partners (including administrative and legal costs) arising from or in connection with your violation of the Terms;
(e) start further legal action against you; and/or
(f) disclose such information to law enforcement or the authorities as we reasonably believe is necessary.
13.4 The actions described above are not limited, and we reserve the right to take other action that we reasonably believe is appropriate.
13.5 We may suspend or terminate operation of the Permisio Site and the Services in full or in part at any time as we see fit, without liability to you.
13.6 Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. We will not be liable to you or any third party for termination of these Terms or any termination or suspension of your use of the Services. Upon any termination or suspension, any information that you have submitted to the Permisio Site or Services may no longer be accessed by you. This does not affect your legal rights.
13.7 Sections 4 (Acceptable Use), 5 (Permisio Content), 10 (Data Protection), 11 (Indemnity), 12 (Liability), 13 (Suspension and Termination), and 15 (Miscellaneous), will survive termination of these Terms.
14. Export Laws
You acknowledge that the Permisio Content may be subject to United States export controls. No Permisio Content may be downloaded from the Permisio Site or Services or otherwise exported or re-exported in violation of U.S. export laws.
15.1 Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the use of the Permisio Site and the Services and supersede all previous and contemporaneous agreements, proposals, and communications, written or oral, between Quantcast and you with respect to the use of Permisio Site and the Services.
Any waiver by Quantcast of any violation of any provision of these Terms must be given in writing, and will not be deemed to waive any further or future violation of the same or any other provision.
If any part or provision of these Terms is held to be invalid, unlawful, or unenforceable for any purpose by a court of competent jurisdiction, including but not limited to public policy grounds, then the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, the parties agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms.
15.4 Third Parties
You and Quantcast agree that there are no third party beneficiaries of any promises, obligations, or representations made by Quantcast.
15.5 Assignment & Transfer
You may not assign any rights granted to you or delegate any of your obligations hereunder, and any attempt to do so is void and of no effect. Quantcast may assign its rights and delegate its duties under these Terms in whole or in part.
15.6 Governing Law & Jurisdiction
- If you reside in the United States, your use of the Permisio Site and Services, and the Terms and all matters or disputes (whether contractual or non-contractual) arising out of or in connection with them, are governed by the laws of California. The Courts of San Francisco, California will have exclusive jurisdiction over any matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with the Permisio Site, Services, and/or the Terms.
- If you reside outside of the United States, your use of the Permisio Site and Services, and the Terms and all matters or disputes (whether contractual or non-contractual) arising out of or in connection with them, are governed by the laws of Ireland. The Courts of Dublin, Ireland will have exclusive jurisdiction over any matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with the Permisio Site, Services, and/or the Terms.
15.7 If you are acting as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
15.8 If you are acting as a consumer in the EU, you have the right to refer a dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/odr. If you decide to use this service, please use the following email address when asked for the trader’s email address when completing the form: email@example.com.
16. Your Concerns
If you have any concerns or complaints about material that appears on the Permisio Site or is part of the Services, please contact firstname.lastname@example.org.
Thank you for visiting the Permisio Site.