GLOBAL ENTERTAINMENT & MEDIA OUTLOOK
TERMS AND CONDITIONS OF USE AND LICENSE AGREEMENT
I. About the Site and Content
In order to access the Site and Content, you will be required to register with the Site and provide some basic information to us, such as your name, address, email address, payment information, etc. During registration, you will create a user name and a password. These are your credentials for accessing the Site and Content, which is only available to registered users ("Credentials").
III. Your Personal Information
IV. Your Responsibilities
You are responsible for all use and misuse of the Site and Content made using your Credentials and all usage or activity on your account made using your Credentials, whether or not authorized by you. You agree not to link to the Site or any Content from any website or disclose or distribute any Content to any other parties, without our prior written consent. You are responsible for keeping its password confidential and for notifying us immediately if the password has been hacked, stolen or is otherwise compromised. You may notify us if the password has been compromised by using the 'contact us' link provided on the Site. You may not share your credentials. You may only use the Credentials that have been assigned to you. Use by you of another person's Credentials is forbidden. You may use the Site and the Content for lawful purposes only. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement, including without limitation rescinding your access to the Site and Content.
V. Limitation on Use of Automated Tools
You may not use any robot, spider, scraper or other automated means to access the Site or Content for any purpose without our express written permission. You agree not to violate any of our access policies and acknowledge that any violation of the policies may result in termination of your access to the Site and the Content, deactivation or deletion of your registration, and denial of any further access to the Site and the Content.
VI. Changes to this Agreement
This Agreement governs your relationship with us and our licensors, partners, affiliates and other member firms of the PwC network of firms. Please note that we may change this Agreement at any time to reflect changes in applicable laws or as we otherwise deem appropriate, by posting a revised version of this Agreement on the Site. If you disagree with any changes to this Agreement, you may discontinue its use of the Site and Content and cancel its registration. Your ongoing use of the Site and the Content after the changes are posted signifies your agreement to the new terms. We encourage you to review the Terms and Conditions of Use and Subscription Agreement regularly.
VII. Links to Other Sites
VIII. No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this Article. We may terminate your access to the Site and the Content immediately and take other legal action if you or anyone using your Credentials violates these provisions.
IX. Your Use of Content; Limited License and Restrictions
X. Legal Compliance and International Use
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Content provided therein. If you access the Site from a location outside the U.S., you may be subject to additional requirements from your jurisdiction. You are responsible for complying with the laws of all jurisdictions applicable to your use of the Site and the Content.
XI. Indemnification and Release
XII. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE, THE CONTENT OR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION WITH THE SITE AND TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM RECIPIENT'S USE OF OR INABILITY TO USE THE SITE OR THE CONTENT. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR LICENSORS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL EXCEED USD500 IN THE AGGREGATE FOR ANY AND ALL CLAIMS RELATED TO THE SITE AND THE CONTENT.
XIII. Disclaimer; We Make No Warranties
THE SITE AND ALL CONTENT ARE ALL PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS, PARTNERS, AFFILIATES AND OTHER PWC MEMBER FIRMS HEREBY DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE OR IN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE CONTENT, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE AND THE CONTENT. THE SITE AND THE CONTENT DO NOT CONSTITUTE A REVIEW TO DETECT FRAUD OR ILLEGAL ACTS. WE DO NOT, AND OUR LICENSORS, PARTNERS, AFFILIATES AND OTHER PWC MEMBER FIRMS DO NOT, WARRANT THAT USE OF THE SITE OR THE CONTENT WILL BE ERROR FREE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE CONTENT OR AN ELECTRONIC FILE ON THE SITE IS DISCLAIMED. PWC TAKES NO RESPONSIBILITY FOR MONITORING OR REGULATING THE USE OR ACCURACY OF THE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT PWC IS UNDER NO OBLIGATION TO VERIFY THE ACCURACY OF OR OTHERWISE UPDATE THE SITE OR ANY CONTENT CONTAINED THEREIN OR TO NOTIFY YOU OF ANY INACCURACIES THEREIN OR UPDATES THERETO THAT MAY COME TO THE ATTENTION OF OR BE DEVELOPED BY PWC. YOU SHALL HAVE NO RIGHT TO ANY UPDATES TO THE SITE THAT MAY BE DEVELOPED BY PWC. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE SITE AND ANY USE OF THE CONTENT MADE BY RECIPIENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF THE SITE OR ANY CONTENT CONTAINED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.
XIV. Downtime; Security
You understand and agree that no representation or warranty is made with respect to the functionality or availability of the Site and the Content, and that all or any portion(s) of the Site and the Content may for a variety of reasons be unavailable to you for use either temporarily or permanently without notice. You understand and agree that the Site or the Content may be unavailable due to scheduled maintenance. PwC reserves the right to prevent or limit access to the Site or the Content for security, upgrades or other reasonable purposes. You understand and acknowledge that no website or network is immune from unauthorized access. Accordingly, PwC shall not have any liability or responsibility in connection with any unauthorized access to the Site or the Content.
XV. Termination and Survival of Certain Provisions
We may terminate and/or suspend your use of or access to the Site and Content immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site by you or someone utilizing your Credentials. Your right to use the Site and the Content will end once your registration expires or is cancelled or terminated. PwC may also terminate this Agreement for its convenience. In the event of termination, you must destroy the original and all copies of the Site or any Content thereof. However, so long as we have not terminated this Agreement due to your breach, you may retain one local copy of Content extracted in the form of PDF or Excel documents as of the date of termination or expiration for your internal reference purposes only, and such copy shall remain subject to the terms and conditions of this Agreement. You may terminate its access at any time by using the .contact us. link on the Site. Articles XI (Indemnification and Release), XII (General Limitation of Liability) and XIII (Disclaimer; We Make No Warranties) shall survive termination of this Agreement.
XVI. Electronic Contracting and Notices
Your affirmative act of accepting these terms and conditions and/or using this Site or the Content and/or accessing or registering for the Site constitute your electronic signature to this Agreement and your consent to enter into agreements with us electronically. This Agreement shall be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the Agreement is written and accepted electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Site or the Content (collectively, "Notices"). You agree that we may send electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the Site, and that such Notice will be deemed sufficient. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your registration. You can retrieve an electronic copy and a printable version of this Agreement, which constitutes a contract between you and us, by clicking on the "Terms and Conditions of Use and Subscription Agreement" link on the Site. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
XVII. Entire Agreement
XVIII. Choice of Law and Location for Resolving Disputes
This Agreement and all matters arising under or relating hereto (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of New York (without regard to its conflicts of laws principles), and you and PwC each hereby irrevocably waives to the fullest extent permitted by law all rights to trial by jury relating to any action or proceeding arising from or relating to this Agreement. YOU AND PWC IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE UNITED STATES FEDERAL AND NEW YORK STATE COURTS LOCATED IN AND SERVING THE CITY OF NEW YORK IN CONNECTION WITH ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OF ACCESS. EACH PARTY WAIVES ANY RIGHT THAT IT MAY HAVE TO ASSERT THAT SUCH FORUM IS NOT CONVENIENT.
We may assign this contract at any time to any entity. We will post a notice on the Site regarding any change of ownership or operation so that you may have the opportunity to discontinue your use of the Site and Content or cancel your registration if you do not wish to continue to use the Site or Content. You may not assign this agreement to anyone else.
XX. No Agency
Nothing in this Agreement will be construed to make us, on the one hand, and you, on the other hand, an agent, employee, joint venturer, partner, franchisee-franchisor, or legal representative of the other. No party will have or represent itself to have any authority to bind the other to any obligation.
You acknowledge that no professional relationship of any nature is created solely by your use of the Site or the Content or through any correspondence or communication with us or any other party relating to the Site or Content. Notwithstanding the preceding sentence, any existing professional relationship will not be affected by your use of the Site or the Content.
XXI. Trademarks and Copyright
All trademarks appearing on the Site or in the Content are the property of their respective owners. No right, license or interest to such trademarks is granted by this Agreement. The copying, redistribution, use or publication by you of any part of the Site or the Content, except as otherwise specifically authorized in this Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed or accessed through the Site. As between you and us, PwC is and shall remain the sole owner of all rights, title and interest in and to the Content, including without limitation all copyrights and other intellectual property rights therein or thereto, and you shall have no rights in or to any of the same other than the limited license granted herein. The Site and the Content therein is the copyrighted work of PwC or third parties.
XXII. Prohibited Uses Policy
- not to use the Site to conduct any illegal activity or other activity that infringes the rights of others;
- not to intentionally introduce malicious programs into the network hosting the Site (e.g., viruses, worms, Trojan horses, etc.);
- not to attempt a security breach on the Site, and not to log into the Site other than through the user name and password that has been assigned to Recipient;
- not to attempt to circumvent the security or authentication protocols on the Site;
- not to make any representation, warranty or other statement on behalf of us;
- not to disseminate the Site or any Content therein without our prior written approval;
- not use the Site or any Content therein in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or Content;
- not to attempt to gain unauthorized access to the Site or Content, user accounts, or computer systems or networks, through hacking, password mining or any other means;
- not to make any portion of the Site or Content available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future, or remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
- not to (and you agree not to allow anyone else to) copy, distribute, modify, exploit, republish, sell, mine, frame, scrape, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any software on the Site (unless this is expressly permitted or required by law);
- not to use the Site to publish or transmit obscene, profane, lewd, vulgar, rude or disrespectful language; to knowingly distribute false information about a person or organization; or to harass, intimidate, threaten or annoy others; and
- not to use any program/script/command, or send messages of any kind, designed to interfere with operation of the Site or the use of the Site by other authorized users.
XXIII. Export Restrictions
The Site is subject to the export and re-export laws of the United States of America and any other applicable jurisdiction. You agree to abide by any restrictions or conditions with respect to the export, re-export, or other transfer of the Site that are in effect now or are hereafter imposed by the United States Government, and You will not export, re-export or otherwise transfer the Site to any other person, entities, or countries except in full compliance with all relevant United States laws and regulations. These restrictions and conditions may include, but are not limited to (a) restrictions and export licensing requirements governing the export, re-export, or other transfer to other persons, entities, or countries of the Site, (b) restrictions and export licensing requirements governing the export or other transfer of foreign-developed software or information that incorporates the Site, (c) any applicable U.S. restrictions on the export, re-export, or other transfer of the Site to countries, entities and persons that are subject to U.S. or other sanctions, embargoes, or other prohibitions, and (d) any applicable U.S. restrictions on the export or other transfer of the direct product of U.S. origin technical data.
XXIV. Reserved Rights
We reserve the right (but have no obligation to) in our sole discretion: to monitor, review and use all communications and other uses of the Site, together with information relating to such communications and use, such as identification of sources and recipients of information, usage frequency and content of transmissions, to change, suspend or discontinue any aspect of the Site at any time, including the availability of the Site or Content therein, and to impose limits on certain features and services or restrict access to parts or all of the Site or Content without notice or liability.
XXV. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
You agree to hold all Content in strict confidence and shall not disclose, show, distribute or otherwise make available the Content, or any portion thereof, to any third party without PwC.s prior written consent. Without limiting the foregoing, you agree to take reasonable security precautions, at least as great as the precautions it takes to protect your own confidential information, to keep the Content confidential. You agree to notify us immediately upon discovery of any unauthorized use or disclosure of the Content, or any other breach of this Agreement, and will cooperate with use in every reasonable way to help use regain possession and control of the Content and prevent its further unauthorized use or dissemination. You acknowledge that monetary damages will not be a sufficient remedy for the unauthorized use or disclosure of the Content and that PwC shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction to prevent its further unauthorized use or dissemination.
By clicking I Agree below, you accept the foregoing Terms and Conditions of Use and License Agreement. If you do not agree to the foregoing Terms and Conditions of Use and License Agreement, you should exit your browser. Failure to accept this Terms and Conditions of Use and License Agreement will prevent you from gaining access to the Site and the Content.