terms

Your use of this Web site, located at my.arbitron.com (the "Site"), is subject to certain terms and conditions of use ("Terms of Use") set forth below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE. ARBITRON CAN REVISE THE TERMS OF USE AT ANY TIME BY UPDATING THIS POSTING, SO PLEASE CHECK BACK PERIODICALLY.

Introduction
Arbitron offers a wide range of services to its customers. Our Site and the materials and services provided thereon (the “Services”) are owned and operated by Arbitron. Terms of Use along with the Arbitron Privacy Policy(ies) (the “Privacy Policy”) apply to and govern your use of the Site and Services. The Terms of Use and Privacy Policy are collectively referred to as the “Agreement.” Before using the Site and Services, please review both documents. As used herein, references to “your” or “you” shall include anyone who uses our Site and/or Services and, if you are a customer, any authorized user of your account with Arbitron.

Site Use
THE SITE AND SERVICES PROVIDED ON THE SITE ARE DIRECTED TO PERSONS OVER THE AGE OF 18. YOU MAY NOT MODIFY, COPY, REFORMAT, DISTRIBUTE, TRANSMIT, LICENSE, PUBLISH, CREATE DERIVATIVE WORKS FROM OR SELL ANY CONTENT OR SERVICE PROVIDED ON THIS SITE, EXCEPT AS SET FORTH IN YOUR LICENSE AGREEMENT TO RECEIVE AND USE ARBITRON’S SERVICES, WHICH YOU SIGNED OFFLINE.

By using the services and accessing this Site, you agree to:

refrain from providing the services to anyone who is not an Arbitron subscriber, except as provided in your license agreement with Arbitron and as set forth in Working with Arbitron's Copyrighted Estimates posted on www.arbitron.com.
refrain from violating applicable federal, state and international laws;
refrain from using the services provided on the Site to send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual or entity;
refrain from using the services provided on the Site to harass, threaten, stalk or abuse users of the Site;
refrain from using the services provided on the Site to harm minors;
refrain from interfering with others’ use of the Site;
refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual’s personal and private information, or to gain or attempt to gain unauthorized access to other computer systems via the Site; and
refrain from using the services to create a false identity or to impersonate another person.

These rules are only the minimum level of conduct that we expect at our Site. We also ask that you use common sense and be considerate toward other users. We reserve the right, at our discretion, to suspend or terminate your right to use the services provided on the Site if you violate any of the aforementioned rules of conduct or engage in other offensive conduct.

Copyrights, Trademarks and Other Intellectual Property
All material and content contained on this Site, including but not limited to Arbitron data and estimates, reports, studies, software, text, graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons and the compilation of all content on this Site, are the property of Arbitron and/or its third-party providers, as the case may be, and are protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to Arbitron and/or other intellectual property owners, where indicated. No material from this Site may be copied, reproduced, republished, uploaded, transmitted, or distributed in any way, except that you may download material available on this Site for business purposes if you are a customer, provided that (i) you keep intact all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) you make no modifications to the materials, except as permitted by your license agreement with Arbitron, and/or (iii) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on this Site. You acknowledge that you do not acquire any ownership rights by downloading material from this Site. This Site and its contents are provided for lawful purposes only.

In the event that you download software that constitutes a maintenance patch, fix, upgrade, add-on or other addition or modification to software already licensed to you by Arbitron in the customer license agreement that you signed (“License Agreement”), the terms of the license for the downloaded software shall be the same as those of your existing License Agreement except to the extent specifically modified by a notice accompanying the downloaded software. We do not transfer title to the software to you. You own the medium on which the software is recorded, but we (or third-party licensors) retain full and complete title to the software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse-engineer, modify, disassemble or otherwise reduce the software to a human-readable form.

Except for allowing individuals to use this Site for use explained above, users are not granted a license or any other rights from Arbitron, including the intellectual property rights or other proprietary rights of Arbitron or third parties.

Copyright Infringement
If you believe a work on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:

evidence of your authorization to act on behalf of the owner of the copyrighted work;
a description of the copyrighted work that you claim has been infringed;
a description of where the alleged infringing material is located on the Site;
your address, telephone number and e-mail address;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your physical or electronic signature.

Arbitron's Designated Agent for notice of claims of copyright infringement can be reached as follows:

General Counsel's Office
Legal and Business Affairs
9705 Patuxent Woods Drive
Columbia, MD 21046-1572
GeneralCounselOffice@arbitron.com
Phone: (410) 312-8651
Fax: (410) 312-8613

Posted Content
As part of your use of the Site and Services, you may send or e-mail us material (including but not limited to photographs you have taken, articles you have written, captions and comments) that we, at our discretion, may post (collectively, the "Posted Content") on the Site. You hereby grant Arbitron an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to post and use the Posted Content on the Site and to promote and advertise the Site and Services in any way. In connection with the operation and promotion of the Site and Services, you agree that Arbitron has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology or form in which it is used. For example, Arbitron may use the Posted Content to promote the Site and Services as part of a book, screen option, demonstration or brochure.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree not to do any of the following: (i) provide Arbitron with any material to post that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's written permission (including requisite consents and releases) to post it; (ii) provide any material to Arbitron to post that reveals a trade secret, unless you own the trade secret or have the owner's written permission to post it; (iii) provide any material to Arbitron to post that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (iv) provide any material to Arbitron to post that is unlawful, or embarrassing to another user or to any other person or entity; or (v) provide to Arbitron to post any material that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Arbitron does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by the individual or entity that provided the Posted Content or that is mentioned in the Posted Content. You acknowledge that any reliance on Posted Content provided by other users to Arbitron to post will be at your own risk. Arbitron exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred, Arbitron is in no way liable for such misuse. If Arbitron becomes aware of any Posted Content that allegedly may not conform to these Terms of Use, Arbitron may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. Arbitron has no liability or responsibility to users for performance or nonperformance of such activities. ARBITRON HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST ARBITRON FOR SUCH REMOVAL AND/OR DELETION.

User Submissions
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that Arbitron has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion, material or submission that you may make through this Site is similar to information, ideas, suggestions, materials or submissions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (i) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (ii) no obligation of any kind is assumed by, nor may be implied against, Arbitron by virtue of such submission. Arbitron will be entitled to use the information, ideas, suggestions or submissions for any commercial or other purpose whatsoever without any compensation to you or any other person sending the information, ideas, suggestions or submissions. Moreover, no liability shall result from the use of such information, ideas or suggestions by Arbitron. You are prohibited from posting any material to this Site and from transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.

Passwords and Security
If you are an employee of a company which is an Arbitron customer, you may have been provided with a sign-in identification (sign-in ID) and password that allow you access to the Site and the Services provided thereon. While this sign-in ID and password may be shared among other employees at your company, you are responsible for any use of or action taken under your password on the Site. Your password may be used only to access data and materials that you are authorized to receive and use, and to otherwise access and use the Site and Services in accordance with these Terms of Use. You are responsible for maintaining the confidentiality and security of your password, and you hereby agree to not disclose your password to anyone other than those at your company who your management has already authorized to use this same password. You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release Arbitron from any and all liability concerning such transactions or activity. You agree to notify Arbitron immediately of any actual or suspected loss, theft or unauthorized use of your account or password. Arbitron has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. Arbitron will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications on this Site by unauthorized persons or entities.

Privacy
Please review our Privacy Policy, which governs the use of personal and identifying information on the Site.

Service Interruptions
You understand and agree that temporary interruptions of services provided by this Site may occur from time to time as normal events. Arbitron agrees to exercise reasonable care to prevent such occurrences. However, under no circumstances will Arbitron be held liable for any financial or other damages due to such interruptions.

Export/Import Compliance Notice
By downloading software or data, you assume responsibility for complying with applicable export/import laws and regulations and agree not to export or reexport this software or data without applicable export authorization. You may not export or reexport software or data obtained from or downloaded from this Site or any copy or adaptation of the software or data in violation of any laws, regulations, transaction or export controls or economic sanctions imposed by the U.S. government regarding any country, government, entity or person. You are not granted the right to use or export Arbitron’s software or data outside of the United States. If, despite Arbitron’s prohibition, you choose to export any Arbitron software or data, please be aware that you must determine whether an export license will be required and, if it is, then you must obtain a license from the appropriate United States Commerce or State Department.

Linked Sites
Links to third-party Web sites on this Site are provided as a convenience to you. If you use these links, you will leave this Site. Arbitron has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content or any link contained in a linked site, or any changes or updates to such sites. Arbitron does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. The terms of service and privacy policies applicable to such sites may be different from those applicable to this Site. Arbitron may terminate a link at any time.

Applicable Law
Any disputes arising out of or relating to this Agreement or use of the Site or Services shall be resolved in accordance with the laws of the State of New York, USA, without regard to its conflict-of-law rules. Any disputes, actions or proceedings relating to this Agreement or your access to or use of the Site must be brought in the federal or state courts in the City and County of New York, USA, and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Arbitron makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site and Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnity
You agree to indemnify, defend and hold harmless Arbitron from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and expenses) arising from or relating to (i) your use of the Site and/or any material or content you submit, download or transmit through the Site; (ii) your breach of this Agreement or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third-party's rights, including but not limited to, copyright infringement, harm to a third-party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. Arbitron reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Arbitron in asserting any available defenses. This obligation survives the termination of this Agreement.

Termination
YOU AGREE THAT ARBITRON, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE AND SERVICES, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF ARBITRON BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS OF USE. ARBITRON MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND SERVICES OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND SERVICES UNDER ANY PROVISION OF THESE TERMS OF USE MAY BE AFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT ARBITRON MAY BAR ANY ACCESS TO SUCH FILES, THE SITE OR SERVICES. FURTHER, YOU AGREE THAT ARBITRON SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. THE TERMS OF USE WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND SERVICES. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO ARBITRON.

Disclaimer of Warranties
USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK. THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS. ARBITRON DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. ARBITRON IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE. ARBITRON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ANY SERVICES PROVIDED ON THE SITE OR ANY INFORMATION OR DATA THAT ARE AVAILABLE, ADVERTISED OR PROVIDED THROUGH THIS SITE. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, ARBITRON AND ITS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF ANY DATA OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT ARBITRON IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (i) USE OF THE SITE; (ii) DOWNLOADING ANY INFORMATION CONTAINED ON OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES; OR (iii) E-MAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT ARBITRON DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES OR ANY ADVICE OR INFORMATION OBTAINED BY YOU FROM ARBITRON WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.

Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT ALLOWED BY LAW, THAT ARBITRON IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NONPERFORMANCE OF SITE, ERRORS OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING INFORMATION, INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF ARBITRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARBITRON'S LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100) IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.

Modifications
Arbitron may modify the Agreement (including these Terms of Use and the Privacy Policy, the Services), or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms of Use or other policies and guidelines on the Site. Your use of the Site indicates your full acceptance of the Terms of Use and Privacy Policy in their then-current form each time you use the Site. You agree that Arbitron shall not be liable to you or to any third party for any modification, suspension or discontinuance of these Terms of Use, the Privacy Policy, the Services or any other policies or guidelines governing the Site.