Terms

This Quantcast Measure Terms of Service (this “Agreement”) describes the terms and conditions on which Quantcast makes Quantcast Measure (the “Services”) and this website (the “Quantcast Site”) available to you.

BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AUTHORIZED THIRD PARTY, THEN THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY, THE AUTHORIZING PARTY(IES), OR BOTH, AS APPLICABLE). QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE (SEE SECTION 11).

Capitalized terms are defined in Section 15.

1.         Introduction: Reachpoints, Tags, and Measurement Data.

Quantcast Measure is a free Internet audience measurement service that allows you to tag web pages, video, advertisements, apps, and paid search campaigns (“Reachpoints”) for direct measurement.

You can also define and measure actions and events by customizing your Tags with labels. You have complete control over which pages are tagged, how segments are labelled (e.g., with meaningful or obfuscated names), and how the resulting Measurement Results are or are not disclosed publicly.

Each time a browser visits your tagged Reachpoints, Quantcast collects “Measurement Data”—anonymous traffic statistics like those in any web server log. We then apply proprietary Quantcast algorithms and other data to the Measurement Data to generate the “Measurement Results,” which we make available to you on the Quantcast Site (see Section 3).

To measure Reachpoints that you do not own or control, you may provide your Tag to a third party; you may also instruct us to give a third party access to the Measurement Results (any such third party “Authorized Third Party”), provided that each such Authorized Third Party accepts this Agreement. For details on tagging rules and privacy obligations, please see Section 4.

2.         Registration.

In order to access the Services you must register for a Quantcast account on the Quantcast Site. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date.

You are responsible for keeping your password confidential. You hereby take responsibility for all actions taken—and instructions provided to Quantcast—under your account or with the Measurement Results, by you or any third parties, whether or not authorized. You will notify Quantcast immediately of any unauthorized or non-compliant use of your account and will cooperate with us in stopping it.

3.         Measurement Data and Results.

Quantcast uses each piece of Measurement Data both to understand your audience (for your benefit only) and as one of trillions of data points in determining what content and advertising to show individuals across the web interest based advertising.

Quantcast will never sell your audience—whether identified as such or not. And you control the extent to which Quantcast displays the Measurement Results.

Quantcast grants you perpetual rights to use, copy, and distribute the Measurement Results, including with our sharable widgets, only as long as you:

a.   Credit Us. Conspicuously include: “Source: Quantcast. www.quantcast.com“;

b.  Present the Data Exactly as We Provided It. Do not: (i) manipulate or modify the Measurement Results to state or suggest different results from           those specifically presented by Quantcast; (ii) combine information related to different Quantcast profiles (for example, by adding together the             reach from two different sites instead of presenting the cross-site unduplicated reach measurement provided by Quantcast); (iii) quantitatively             aggregate or combine information in the Measurement Results with information derived from other sources (but offering a comparison with                 information derived from other sources is permissible);

c.   Don’t Use Our Work to Compete with Us. Do not use the information in the Measurement Results in any way that competes with Quantcast; and

d.  Bind Third Parties. If you provide the information in the Measurement Results directly to any third party (rather than by having them access the         information through the Quantcast Site), you must ensure that they agree to be bound by and comply with the foregoing requirements.

4.         Tagging Rules and Privacy.

You agree not to misrepresent your site traffic, audience, or user activity in connection with Quantcast, the Services, or any Tags. You agree not to tag any adware or spyware inventory, or any Reachpoint revealing precise geographic location, specific health / medical / sex-life information, credit card or financial data, or criminal convictions or charges. In addition, if you are resident outside the US, you agree not to tag any Reachpoint revealing other sensitive personal data including racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership. If you represent to Quantcast (e.g., during the signup process) that your Reachpoints are not directed to kids under 13, you agree not to tag any Reachpoints directed to kids under 13. If you represent that your Reachpoints are directed to kids under 13, you will not receive those of our Services that require collection of data across different websites. You will not modify the Tag other than as described in a Quantcast Learning Center Guide. You will use the Tag in the top-most frame possible. You will retain the Tag’s origin address that we provided, in full.

You agree to provide notice to site visitors, in your Privacy Policy or separate footer link, that your site permits data collection for interest-based advertising, a description of the data collected, and the means of collection, as well as to provide a link to an opt-out mechanism, such as the NAI orDAA opt-outs (or EDAA, for EU publishers). If you use the Services to collect data from a network of domains or subdomains, you will inform each in advance that your service permits data collection for interest-based advertising, a description of the data collected, and the means of collection, as well as a requirement that each provide a link to an opt-out mechanism.

National and international laws and regulations change rapidly around technology and privacy. You agree to comply with all applicable laws (including, where applicable, EU Directive 95/46/EC and Directive 2002/58/EC as amended), regulations, industry self-regulation, and third-party rights in connection with the Services and our use of anonymous visit information (including unique user IDs) for interest-based advertising. You agree not to (i) use the Services to track or collect personally identifiable information of Internet users (or “personal data” of Internet users within the meaning of EU Directive 95/46/EC), or (ii) provide to Quantcast any personally identifiable information (or personal data) of any internet user. You agree to prominently display a user friendly, easily accessible, clear and comprehensive privacy policy (and, if necessitated by applicable law, a separate cookie policy) on your website. Such a policy will comply with all applicable laws.

5.         Restrictions.

You agree to use the Quantcast Site and the Services only in accordance with the terms and conditions of this Agreement. You will not use the Service to engage in any illegal or offensive acts or serve any illegal content via any Reachpoint. You will not:

    1. Interfere or attempt to interfere with the operation or security-related features of the Services or the Software;

 

    1. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Quantcast Content;

 

    1. Represent that Quantcast endorses or supports your site or content; make any representations and warranties concerning any aspect of the Services, the Software, or Measurement Results to any Authorized Third Parties or other third parties; or

 

  1. Attempt to index, scrape, search, or crawl the Services or the Quantcast Site with any automated process; or attempt to access any information or technology relating to the Services, the Quantcast Site, or our proprietary algorithms through any means not intentionally made available by Quantcast to you.

6.         Quantcast Rights.

All right, title, and interest, including intellectual property rights, in and to the Quantcast Site, the Services, the Software, and the Quantcast Content are and will remain the exclusive property of Quantcast. Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or use same. Following the suspension or termination of your Quantcast account, Quantcast will continue to respect this Agreement’s limits on our use of the Measurement Data and will cease all public display of the Measurement Results.

Quantcast servers may choose to occasionally respond to any publisher’s Tag by redirecting the browser to a third-party anonymous beacon to support the provision of Quantcast services in market. The decision to beacon is not related to you the publisher, your traffic, or your user base.

7.         User Generated Content.

You may submit site descriptions, postings, and recommendations through the features available on the Quantcast Site. You will not submit any such content that is or that you reasonably should know to be false or misleading, defamatory, or obscene, or that invades another person’s privacy, infringes the intellectual property rights of another, or violates any applicable laws or regulations. You grant Quantcast a perpetual, non-exclusive, unlimited, worldwide, royalty-free license to any content you provide. Quantcast is not responsible for and does not endorse statements, comments, links, recommendations, or other information provided by users; any use or reliance on such information is at your sole risk.

8.         Indemnity.

Quantcast agrees to defend, indemnify, and hold you harmless from any judgments, damages, loss, liability, or costs (including reasonable attorneys’ fees) resulting from a third-party claim that the Software or the Services infringe any U.S. or U.K. intellectual property or privacy rights, provided that you (i) promptly inform and furnish Quantcast with a copy of each related communication and action, (ii) allow Quantcast to assume full control of the defense and settlement, and (iii) assist and cooperate with Quantcast, at Quantcast’s expense. Quantcast will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Services or the Software, from your or any Authorized Third Party’s breach of this Agreement, or from failure to obtain consent for the use of cookies or other tracking technology. If the Services or Software become, or, in Quantcast’s opinion are likely to become, the subject of a third-party claim against you, Quantcast may, at its option and expense, procure rights for you to continue using the Services or the Software, replace or modify the same so that it performs substantially similar functions but does not infringe, or terminate this Agreement. The foregoing states the sole and exclusive liability of Quantcast and your sole remedy with respect to third party claims of any kind.

9.         Warranty Disclaimer.

The services and related information are provided “as is,” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Quantcast explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Quantcast makes no warranty that the Services, the Quantcast site, or the Quantcast content will (1) meet your requirements, (2) be available on an uninterrupted, secure, or error-free basis, or (3) not cause any latency or processing delays. Quantcast is under no obligation to retain any Measurement Data or to keep the site up and running for any period of time. Quantcast makes no warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the Services, the Quantcast site, or the Quantcast content. No information, whether oral or written, will create any warranty or representation not expressly made herein. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast to offer the Services to you. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to you in full.

10.         Suspension and Termination.

Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Services. You may terminate your Quantcast account and this Agreement at any time by both (i) “dequantifying” by deleting all Reachpoints from your profile on the Quantcast Site (or, alternatively, by emailing contact@quantcast.com (if you are resident in the US) or contact.dublin@quantcast.com (if you are resident outside the US) with your complete account information and explicit request to terminate, which emails are handled at Quantcast’s convenience) and (ii) removing the Tags from all of your Reachpoints. Quantcast may terminate or suspend your access to the Services or terminate this Agreement at any time, for any reason or no reason and without any liability to you. Upon termination, all licenses and other rights granted to you under this Agreement will immediately cease. Quantcast will not be liable to you or any third party for termination of this Agreement (whether by Quantcast or by you) or any termination or suspension of your use of the Services. Upon any termination or suspension, information in connection with your account may no longer be accessed by you. Notwithstanding the above, Sections 4 through 10, Sections 12 through 14, and the second paragraph of Section 3 will survive termination.

11.         Modification of the Service and of the Terms.

Quantcast reserves the right, in its sole discretion, to modify or discontinue the Quantcast Site and Services without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to you, you may terminate your account within 30 days by following the two-step procedure described in Section 10. Use of the Quantcast Site, use of any Tag to contact Quantcast’s servers, or use of the Services, after 30 days, will constitute your acceptance thereof.

12.         Limitation of Liability.

In no event will Quantcast be liable to you or any third party for any consequential loss, exemplary damages, incidental loss, special damages or loss, lost profit, loss or deletion of Measurement Data or Measurement Results, or punitive damages arising from your use of the services, even if Quantcast has been advised of the possibility of such damages. These limitations formed a basis for enabling Quantcast to offer these Services to you. This paragraph will apply regardless of any failure of the exclusive remedy provided in the following paragraph.

Except with regard to Quantcast’s obligations under Section 8, liability stemming from death or personal injury resulting from Quantcast’s negligence, or Quantcast’s fraud, notwithstanding anything to the contrary contained herein, Quantcast’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to two hundred fifty U.S. dollars (US$250.00).

13.         Miscellaneous.

This Agreement constitutes the entire Agreement between the parties with respect to the Services and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral between Quantcast and you with respect thereto. Any agreements regarding the delivery or use of advertising segments will govern the parties’ relationship in connection with the applicable segments but will not affect the parties’ rights, restrictions, or obligations under this Agreement, which the parties acknowledge as separate subject matter. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then you and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. You and Quantcast agree that there are no third party beneficiaries of any promises, obligations or representations made by Quantcast. Either Party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture between you and Quantcast. This Agreement and any dispute relating to this Agreement will be governed by the laws of the United States and the laws of the State of California, without regard to U.S. or California choice of law rules. You and Quantcast agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to Quantcast or the matters in this Agreement will be exclusively in courts located in San Francisco, California. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.

14.         Notice.

All notices or other communications to Quantcast from you will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to you for these purposes:

Persons in the United States, please contact:

Quantcast Corp.
201 Third Street, 2nd Floor
San Francisco, CA 94103
Attn: Legal Department
Email: contact@quantcast.com

Persons outside of the United States, please contact:

Quantcast International Limited
Glandore Business Centres
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
Attn: Legal Department
Email: contact.dublin@quantcast.com

15.         Definitions

“Authorized Third Party” means a third party that you allow to use your Tag, your account, or the Measurement Results.

 

“Measurement Data” means the data collected from your Tags.

 

“Measurement Results” means Quantcast’s proprietary analysis of the Measurement Data.

 

“Quantcast Content” means the content of the Quantcast Site and the Services, including the Measurement Data and Results.

 

“Reachpoint” means web pages and content, display ads, and paid search campaigns received by a browser on which you are able to place (or have an Authorized Third Party place) your Tag.

 

“Services” means Quantcast Measurement: an Internet audience ratings service that allows you (or an Authorized Third Party) to define and measure specific online events by tagging Reachpoints, as described herein and as governed by these terms and conditions.

 

“Software” means, separately and collectively, the Tags and Quantcast’s proprietary software that generates the Measurement Results.

 

“Tag” means the particular javascript, Flash, or other audience measurement code provided to you by Quantcast, and embeddable on web pages, media files, and other Reachpoints, together with any labels and any fixes, updates, and upgrades provided to you.

16.         Contacting Party.

If you reside in the US this Agreement is between you and Quantcast Corporation. If you reside outside of the US this Agreement is between you and Quantcast International Limited, an Irish limited liability company. References to “Quantcast”, “us”, “we” and “our” mean either Quantcast Corporation or Quantcast International Limited as appropriate.

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