Terms of Sale for Digital Products.
Last Updated: November 18, 2020
These Terms of Sale for Digital Products (“T”) is entered into by and between you and eMarketer Inc. (a Delaware corporation) (“EѴ鰭շ”) and governs your use of and access to the ĢAV publications primarily consisting of a web site and email service offering research reports, news notes, and a library of charts and data (“PܲپDz”). By using or accessing the Publication, you agree to the Terms of Service located at /terms and Privacy Policy located at /ĢAV/Privacy.
These Terms of Sale for Digital Products (“T”) is entered into by and between you and eMarketer Inc. (a Delaware corporation) (“EѴ鰭շ”) and governs your use of and access to the ĢAV publications primarily consisting of a web site and email service offering research reports, news notes, and a library of charts and data (“PܲپDz”). By using or accessing the Publication, you agree to the Terms of Service located at /terms and Privacy Policy located at /ĢAV/Privacy.
1. SUBSCRIPTIONS. For subscription services:
a. Grant of Rights. These Terms grant you a non-exclusive, revocable, non-transferable, non-assignable license to access the Publication during the Term (as defined below) (ٳܲپDz”). This license is personal to you and permits only you to access and receive content from the Publication.
b. Term and Termination. These Terms takes effect immediately upon completion of the registration process and remains in effect for an initial term of one year (“Initial Term”). The Subscription and these Terms shall auto-renew for additional one year terms (“Renewal Term(s)”) (together with the Initial Term the “T”) unless you terminate by providing notice to ĢAV prior to the end of the then current Term.
c. Access. ĢAV will provide you with an individual user ID and password to access the Publication. Sharing or transferring user names or passwords is strictly prohibited without written permission from ĢAV.
d. Billing. Upon completion of the registration process and at the commencement of any Renewal Term, you shall be billed the then current annual advertised rate for the Publication (“Subscription Fee”). The Subscription Fee shall be due immediately and is non-refundable unless subsection (e) below is applicable. Accounts not paid within ten (10) days of such date shall be considered delinquent, in which case ĢAV reserves the right to suspend the Subscription until payment is received. All Subscription Fees are non-refundable unless explicitly stated by ĢAV at the time of registration.
e. Promotional Period. ĢAV may offer limited time promotions to new subscribers. The specific terms and conditions that apply to each promotion will be stated at the time of registration. If stated in the applicable promotion, you may cancel the Subscription within fourteen (14) days of registration (the “Promotional Period”). If you terminate the Subscription during the Promotional Period, you will be eligible for a refund for the prepaid Subscription Fee, excluding any transaction or foreign exchange fees that may apply. You are responsible for any terms, cancellation dates, or fee changes when a promotion ends. ĢAV may restrict you from downloading reports: (a) during the Promotional Period; or (b) if you are on a monthly or quarterly payment plan. If you have elected to obtain immediate report download access, you will not be eligible for a refund. You may request a refund by sending an email to biihelp@businessinsider.com during the Promotional Period.
2. REPORTS STORE. For reports store purchases:
a. Grant of Rights. Grant of Rights. These Terms grant you a non-exclusive, revocable,non-transferable, non-assignable license to access the research report(s) purchased (ǰ”). This license is personal to you and permits only you to access and receive content from the Report.
b. Billing. You can pay for your reports store purchase with a major credit card or PayPal. Only credit cards or PayPal are eligible for payment. If your payment is unsuccessful by reason of insufficient funds, expiration, or otherwise, you remain responsible for any uncollected amount. Payments are non-refundable. We reserve the right, however, to issue refunds or credits at our sole discretion.
3. INTELLECTUAL PROPERTY. You acknowledge that the Publications and the contents thereof are the intellectual property of ĢAV or its licensors. You further acknowledge that nothing in these Terms shall constitute a sale or transfer of title or ownership from ĢAV to you of any rights in and to the Publication. You shall not, infringe, or enable the infringement of, the intellectual property rights of ĢAV in any way, including without limitation by making available externally from you including without limitation by auto-forwarding via email, manually forwarding via email, posting on a publicly accessible website, directly or indirectly reproducing, downloading or otherwise distributing (in any form current or yet to be developed) the Publication or any portion thereof without prior written permission of ĢAV. Notwithstanding the foregoing, you may use data and information provided in the Publications in external presentations to customers and potential customers and at conferences and events where you are a featured speaker (the “Limited Exceptions”). The Limited Exceptions shall only be available to you during the Term after the expiration of the Promotional Period. During the Promotional Period and after termination or expiration of the Terms, any dissemination or mass distribution of content from the Publication is expressly prohibited. All rights not explicitly granted to you herein are reserved to ĢAV. This section shall survive termination or expiration of the Terms.
4. PRIVACY. By purchasing a subscription or report, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically. To ensure electronic delivery accuracy and intellectual property compliance, ĢAV may use tracking software, which may forward certain technical data from the Publication usage information from any computer that opens the newsletter email to ĢAV. ĢAV will not share this information with anyone outside of ĢAV, nor will ĢAV use it for any commercial purpose. Registration data and other information collected during the registration process and in the ordinary course of business shall be subject to the eMarketer Inc. Privacy Policy located at /ĢAV/Privacy, which may be updated from time to time.
5. DISCLAIMER. YOU AGREE AND ACKNOWLEDGE THAT THE PUBLICATION INCLUDING YOUR USE OF AND ACCESS TO THE PUBLICATION IS PROVIDED ON AN “AS-IS”, BASIS AND ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. ADDITIONALLY, INSIDER INTELLIGENCE DOES NOT GIVE INVESTMENT ADVICE OR ADVOCATE FOR THE PURCHASE OR SALE OF ANY INVESTMENT OR SECURITY AND INSIDER INTELLIGENCE AND ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON AS A RESULT OF ACCESS TO THE PUBLICATIONS FOR CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE AND LOST SAVINGS IN ANY THEORY OF LIABILITY. IF ANY PORTION OF THIS SECTION IS RULED TO BE UNENFORCEABLE BY AN APPLICABLE AUTHORITY THEN INSIDER INTELLIGENCE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. GENERAL. The Terms are the final and entire agreement between you and BI with regard to the Publication and supersedes all previous agreements whether written or oral regarding the Publication. Neither you nor ĢAV is an agent, representative or partner of the other. Neither you nor BI shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability on behalf of the other party. These Terms shall not be interpreted to create an employment relationship, joint venture or partnership between the parties or to impose any liability attributable to such relationship upon either you or ĢAV. ĢAV may, from time to time, change these Terms. When such changes are made, we will make a copy of the new Terms available to you on our website. Neither these Terms nor any part or portion hereof shall be assigned or otherwise transferred by you without ĢAV’s prior written consent. Should any provision of these Terms be held to be void, invalid, unenforceable or illegal, it shall be severed from these Terms and the remaining terms shall remain in full force and effect. These terms are governed by the laws of the State of New York, excluding its conflict-of-laws principles. The exclusive venue for any dispute relating to this agreement shall be New York County, New York. All notices hereunder shall be sent, certified mail, to eMarketer Inc. at One Liberty Plaza, 9th Floor, New York, NY 10006, Attn: Legal Department.
Please contact the ĢAV team with any questions at ii-sales@emarketer.com.