International Box Office Essentials®
Terms of Service
1. Terms of Service. These Terms of Service (“TOS”) govern your use of the International Box Office Essentials website (the “IBOE Site”) and the data, information and reports available at or obtained from the IBOE Site (collectively, the “IBOE Data”), and by using the IBOE Site, you hereby agree to these TOS for the benefit of Rentrak Corporation (“Rentrak”). If you or the company you work for or are affiliated with (“Your Company”) has entered into an IBOE Agreement, nondisclosure agreement or other agreement with Rentrak with respect to IBOE Essentials (“IBOE Agreement”), that agreement also governs your use of the IBOE Site and the IBOE Data.
2. Use of Site and Data. Rentrak hereby grants you, on the terms of these TOS and the IBOE Agreement (if applicable), the non-exclusive right to access the IBOE Site and view and use the IBOE Data solely for Your Company's internal business purposes. IBOE Data and the IBOE Site are not intended to be used, nor should either be used, (a) in connection with research where the primary use of such data or site is for making investment decisions, or (b) reporting or calculating royalties or other fees based on usage. You shall not have the right the right to display, publish, distribute, disseminate or otherwise make public any IBOE Data without Rentrak's prior written consent. You acknowledge that all IBOE Data is “Rentrak Confidential Information” subject to Section 6 below.
3. Modification of IBOE. Rentrak reserves the right at any time to revise and modify the IBOE Site and the IBOE system and to alter their features, specifications, capabilities and/or functions, without notice to you except as otherwise provided in the IBOE Agreement (if applicable).
4. Termination of Your Rights. Rentrak shall have the right to terminate your rights under these TOS, including the right to access the IBOE Site and/or use the IBOE Data, (i) upon ten (10) days prior written notice for any reason, or (ii) immediately if you breach any of your obligations under these TOS or if Rentrak reasonably determines that you are downloading or have downloaded unusually high amounts of data from the IBOE Site, subject to the provisions of the IBOE Agreement, if applicable. Upon termination, you agree to promptly delete or otherwise remove all IBOE Data from any and all of your computers, and to return to Rentrak or destroy all hard copies of documents and reports containing IBOE Data. If requested by Rentrak, you will so certify in writing.
5. Ownership of IBOE. Rentrak is the exclusive owner of the IBOE Site, the IBOE system and concept, the IBOE Data and all copyright, trademark, patent and other intellectual property rights therein, and nothing in these TOS shall be construed as granting to you or Your Company any intellectual property rights therein. All rights not granted to you or Your Company are expressly reserved to Rentrak. You shall not have the right to sell, sublicense, transfer, or grant any rights in IBOE or any IBOE Data to any third party.
6. Confidentiality. You agree that you will use Rentrak Confidential Information (as defined below) only for your or Your Company's internal business purposes only to the extent necessary for such purposes and will restrict disclosure of the Rentrak Confidential Information to Your Company's employees, consultants or independent contractors with a need to know and will not disclose any Rentrak Confidential Information to any third party without Rentrak's prior written approval. Notwithstanding the foregoing, it will not be a breach of these TOS for you to disclose Rentrak Confidential Information if required to do so under law or in a judicial or other governmental investigation or proceeding, provided Rentrak has been given prior notice and you have sought all available safeguards against widespread dissemination prior to such disclosure. As used in these TOS, the term "Rentrak Confidential Information" refers to: (i) any and all IBOE Data and any other nonpublic information accessible by logging on to the IBOE Site; (ii) any IBOE user manuals provided to you; and (iii) Rentrak's trade secrets, business plans, strategies, methods and/or practices that are not generally known to the public. Notwithstanding the foregoing, Rentrak Confidential Information specifically excludes: (A) information that is now in the public domain or subsequently enters the public domain by publication or otherwise through no action or fault by you; (B) information that is known to you without restriction, prior to receipt from Rentrak, from your own independent sources as evidenced by your written records, and which was not acquired, directly or indirectly, from Rentrak; (C) information that you receive from any third party reasonably known by you to have a legal right to transmit such information, and not under any obligation to keep such information confidential; and (D) information independently developed by you or Your Company's employees or agents provided that you or Your Company can show that those same employees or agents had no access to the Rentrak Confidential Information received hereunder.
7. Passwords. Your access to the IBOE Site is with a unique login and password, which you agree to keep confidential. You agree to notify Rentrak promptly if you have any reason to believe that any third party has unauthorized access to your login or password. You shall be responsible for any and all use of the IBOE Site occurring under your login and password prior to giving Rentrak notice of unauthorized use as described above.
8. No Warranties. IBOE, THE IBOE SITE AND THE SERVICES AND IBOE DATA AVAILABLE THERE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RENTRAK DOES NOT WARRANT THAT THE IBOE SITE OR YOUR ACCESS TO THE IBOE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE IBOE DATA WILL BE ACCURATE, COMPLETE OR TIMELY, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.
9. Limitation of Liability. IN NO EVENT SHALL RENTRAK, ITS OFFICERS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS), arising from or relating to THE USE OF IBOE, THE IBOE SITE, OR ANY IBOE DATA, INCLUDING DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE IBOE SITE OR THE IBOE DATA OR FROM ERRORS, OMISSIONS OR OTHER INACURRACIES IN THE IBOE DATA, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATION, THE AGGREGATE LIABILITY OF RENTRAK TO YOU, YOUR COMPANY AND ALL OTHER PERSONS GAINING ACCESS TO IBOE THROUGH YOUR COMPANY UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO RENTRAK UNDER THE IBOE AGREEMENT DURING THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD.
10. Indemnification. You agree to indemnify, defend and hold harmless Rentrak, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the use of the IBOE Site or the IBOE Data by you or any other person using your password.
11. Amendment of TOS. Rentrak shall have right to update, amend or restate these TOS without your consent and without giving you prior notice.
12. Miscellaneous. These TOS will be governed by the laws of the State of Oregon, USA. Any action or proceeding arising from or relating to these TOS shall be brought in a federal court in the State of Oregon, USA or in state court in Multnomah County, Oregon, USA and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If any legal action is brought to enforce these TOS, the prevailing party will be entitled to receive its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case. Any waiver or failure to enforce any provision of these TOS on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these TOS is determined to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. In the event of any conflicts between the terms of these TOS and the IBOE Agreement (if applicable), the terms of the IBOE Agreement shall control.
Rentrak respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of its Web sites.
In order to use some services or download materials from Rentrak sites, you may need to register and create a user account ("User Account"). You may be asked to choose a user or member name ("User Name") and password. Please do not use your real name or the real name of another person when selecting a User Name. You are responsible for maintaining the confidentiality of your password, whether you choose it for yourself or Rentrak assigns it to you. You may also be asked to provide certain personally identifiable information, such as your real name, address, telephone number, and e-mail address. As part of your User Account, you may receive email newsletters on occasion. You may request to opt out of these emails at any time by selecting the "opt-out" option within the body of the email.
Depending on Rentrak products subscribed by you may be responsible for maintaining and updating your personal profile with current and complete information.
In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you access any Rentrak content, or purchase such content via your wireless carrier or through another third party, Rentrak may collect information directly from you or through the third party. Likewise, if you use our software, or provide information to other companies who share information about their customers, we may collect additional information about you. In each of these cases, Rentrak will apply this policy to any personally identifiable information that might be acquired.
Some services may offer support and technical assistance through customer service centers via telephone, online chat, or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need.
As part of the registration process, you may be asked to provide information that does not personally identify you. This information is generally optional but may be included in your Personal Profile. Rentrak requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest.
Rentrak Web sites, and some services and advertisements may contain "cookies," clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Clear gifs assist in the delivery of cookies and the collection of non-personally identifiable information, such as "click path" and other data as described above.
Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Rentrak Web sites and services may not function properly.
From time to time, Rentrak may share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the Rentrak Web sites.
Rentrak uses information about you to deliver the services that you request, to inform you of other services or offers in which you might be interested, and to improve and enhance our sites and services. If you provide Rentrak with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.
If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to "unsubscribe." However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.
Rentrak may also work from time to time with third parties to provide portions of its sites and services. By participating in such services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, and order fulfillment, as applicable. Third parties who provide, who provide services on Rentrak sites are prohibited from using our customers' personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for by a third party who participates in providing a service on one of our sites, do not opt in to such use by that third party when you register to participate in the service being offered.
While Rentrak takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Web sites, services, and customer databases, no Web site, Internet transmission, computer system or wireless connection is completely secure.
Consequently, Rentrak cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Rentrak sites and services is at your own risk. Rentrak urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Web browser.
Rentrak sites may frame, and/or contain links to, or advertisements about, non-Rentrak Web sites. Other sites may also reference, advertise, or link to Rentrak sites. Rentrak does not endorse or sponsor other Web sites, is not responsible for the privacy practices or the content of non-Rentrak sites, expressly disclaims any statements or assertions made on such Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
E-mail - email@example.com
Physical Mail -
Executive Director, Privacy
7700 NE Ambassador Place
Portland, OR 97015
Phone - 800.929.5656