PopScores Terms & Conditions
1. GENERAL INFORMATION
1.1 These terms and conditions (the "Terms") are the terms on which the
information contained in this document (the "Information") is made available to
you ("you" / "your"). By accessing and / or utilising the Information you agree
to be bound by these Terms. If you do not agree to these Terms then you must
immediately stop using the Information.
1.2 We are Entertainment Media Research Ltd, a company registered in England and
Wales under company registration number 4341563 with registered address at
Studio One, Charter House, Crown Court, London WC2B 5EX ("EMR").
1.3 EMR may change the Terms from time to time and your continued accessing or
utilisation of any or all the Information following such change shall be deemed
to be your acceptance of such change.
1.4 If there is anything you do not understand about these Terms please feel
free to e-mail any enquiry to EMR at russell.hart@entertainmentmediaresearch.com
before you start accessing or utilising the Information.
2. YOUR USE OF THE INFORMATION
2.1 You agree that you will not use the Information (or any part of the
Information):
2.1.1 for any illegal purpose or in any way that may lead to the encouragement,
procurement or carrying out of any criminal activity; and / or
2.1.2 in any defamatory, offensive, obscene, vulgar, indecent or menacing way,
or in any way that may cause annoyance, inconvenience or needless anxiety, or
have the effect of being harassing, threatening, abusive or hateful or that may
otherwise degrade or intimidate an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age or
disability.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree that all title, right and interest (including
without limitation all Intellectual Property Rights) in the Information shall
remain at all times vested in EMR or its licensors. You are permitted to use
this Information only as expressly authorised by EMR.
3.2 For the purposes of these Terms, “Intellectual Property Rights” shall mean:
patents, rights to inventions, copyright and related rights, trade marks, trade
names and domain names, rights in get-up, rights in goodwill or to sue for
passing off, unfair competition rights, rights in designs, rights in computer
software, database rights, rights in confidential information (including
know-how and trade secrets) and any other intellectual property rights, in each
case whether registered or unregistered and including all applications (and
rights to apply) for, and renewals or extensions of, such rights and all similar
or equivalent rights or forms of protection which subsist or will subsist, now
or in the future, in any part of the world.
3.3 You acknowledge and agree that the Information is made available for your
personal, non-commercial use only. Any other use of the Information is strictly
prohibited. You agree not to (and agree not to assist or facilitate any third
party to copy, save, modify, extract, re-utilise, reproduce, transmit, publish,
display, distribute, create derivative works of or use for any purposes, whether
commercial or non-commercial, the Information without EMR’s permission.
4. DISCLAIMER
4.1 Nothing in these Terms shall exclude or limit EMR’s liability for fraudulent
misrepresentation or for death or personal injury resulting from EMR’s
negligence.
4.2 Whilst EMR endeavours to correct any errors or omissions as soon as
practicable once they have been brought to EMR’s attention, EMR does not warrant
that the Information will be free from errors or omissions.
4.3 The Information is provided on an “as is” and “as available” basis without
any representation or endorsement and, to the fullest extent permitted by law,
EMR excludes all warranties, whether express or implied, in relation to the
Information, including but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility,
security, accuracy, conditions of completeness, or any implied warranty arising
from course of dealing or usage or trade. The Information is based upon historic
data and should not be taken as a guide to future market developments and
trends.
4.4 Subject to clause 4.1 above, in no event shall EMR be liable in contract or
tort (including negligence) or for breach of statutory duty or in any other way
for loss or damage arising out of use of the Information, including but not
limited to loss of profits, loss of data, loss of goodwill or indirect or
consequential loss. Information should be independently verified before being
relied upon.
4.5 The Information is provided without endorsement of any body, organisation or
business referred to within the Information. EMR has no control over and assumes
no responsibility for any such body, organisation or business.
5. INDEMNITY
You agree to be fully responsible for (and fully indemnify EMR against) all
claims, liability, damages, losses, costs and expenses, including legal fees,
suffered by EMR and arising out of any breach of the Terms by you or any other
liabilities arising out of your use of the Information.
6. SEVERANCE
If any part of the Terms shall be deemed unlawful, void or for any reason
unenforceable, then that part shall be deemed to be severable from these Terms
and shall not affect the validity and enforceability of any of the remaining
parts of the Terms.
7. WAIVER
No waiver by EMR shall be construed as a waiver of any proceeding or succeeding
breach of any part of the Terms.
8. THIRD PARTY RIGHTS
Except insofar as the Terms expressly provide that a third party may in his own
right enforce a term of the Terms, a person who is not a party to the Terms has
no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or
enforce any term of the Terms but this does not affect any right or remedy of a
third party which exists or is available apart from under that Act.
9. GOVERNING LAW AND JURISDICTION
The Terms shall be governed by and interpreted in accordance with the laws of
England and Wales. Disputes arising in connection with the Terms shall be
subject to the exclusive jurisdiction of the English courts.
© Entertainment Media Research Ltd 2008
Database Right of Entertainment Media Research Ltd 2008