User Terms of Services
The use of http://us.cisionpoint.com (“Website“) and all related services, software, tools, databases, APIs, data, materials and content available on, from, or through the Website (collectively, “CisionPoint“) is subject to the following terms and conditions (“User Agreement“).
1. OWNERSHIP, USE & RESTRICTIONS, INTELLECTUAL PROPERTY
1.1 Ownership. This Website contains proprietary data, materials and content owned by Cision and its licensors which are protected by copyright and other laws respecting proprietary rights. The Website is also protected by copyright as a collective work and/or compilation owned by Cision, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except for the limited right to access and use CisionPoint as explicitly set forth herein and in the MSA, this Agreement does not grant you any rights whatsoever (including intellectual property rights) in the CisionPoint.
1.2 Client Generated Content. Any content that you upload to CisionPoint (“CGC”) is the property and responsibility of Client. Cision retains the right to remove CGC if (i) Client, which may include you, is alleged to have infringed the copyright, trademark or proprietary rights of another or (ii) Client, which may include you, has breached this User Agreement.
1.3 Limited License. Subject to this User Agreement, provided that you are eligible for use of CisionPoint, you are granted a limited license to access and use CisionPoint only for your noncommercial internal business use as an Authorized User of Client. You may make print copies exclusively for your own use in accordance with this User Agreement, provided that you shall not alter or remove any copyright or other notice. You have a limited right to distribute CisionPoint content to business associates, clients, and prospective clients provided that you have a reasonable basis to believe that such selective distribution may be useful or helpful to the recipient for informational and/or educational purposes in connection with your internal business. Any use of the CisionPoint other than as specifically authorized herein or in writing in an MSA, without the prior written permission of Cision, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this User Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time with or without cause.
1.4 Media Database Research Services. In addition to the foregoing, if Client has a subscription to Media Database Research Services, you may use the data on CisionPoint to view media profiles and information within the database, create and download lists of media outlet information, use Distribution Points (as defined herein) to distribute press releases, and attach your own personal notes to the data. “Distribution Points” are charged by Cision to Client for distribution of emails or faxes. Emails use one Distribution Point each. Faxes use two Distribution Points per page. Client is responsible for the number of Distribution Points it has purchased in advance. You acknowledge and agree that CisionPoint will only send email and fax distributions if Client has enough Distribution Points available.
1.5 Restrictions. Unless you are a system administrator that has been identified in advance to Cision to assist Client’s Authorized Users with CisionPoint; you are prohibited from allowing any other person to access and use CisionPoint in whole or in part and you may not offer CisionPoint or any of its content for sale or distribute it over any medium. You shall not copy, reproduce, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of CisionPoint, except that the foregoing does not apply (i) to CGC that you legally post to CisionPoint and (ii) to certain content if expressly provided for in writing in an MSA. Use of external automated tools in conjunction with the Software, including but not limited to search, indexing, crawling, or scraping programs, is prohibited. You agree not to use CisionPoint for any unlawful purpose or in any manner that would violate an applicable law, including without limitation the CAN-SPAM Act or other anti-spamming laws or regulations. You agree not to upload, post, transmit, share, or store on CIsionPoint any CGC that Cision deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
1.6 Trademarks. CISION, CISIONPOINT and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Cision in the U.S. and/or other countries. Cision’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Cision. The foregoing applies equally to the trademarks and trade dress of third party content on CisionPoint, which may not be used without the prior written permission of such third parties.
2. CISIONPOINT AVAILABILITY, CUSTOMER SUPPORT, MODIFICATIONS, TERMINATION
2.1 Technical Requirements. You acknowledge and agree that all features and content of the CisionPoint are subject to availability of a suitable or adequate internet connection, valid email account, computer equipment, and sufficiently available bandwidth at the time of your attempted use or access. Client shall be solely responsible for procuring the necessary computer equipment and internet connection required for accessing and using CisionPoint. Client shall hold Cision harmless from any failure or inability to access CisionPoint resulting from Client’s failure to procure any such necessary equipment or services.
2.2 Security. Access to CisionPoint is password-controlled. You are responsible for maintaining the security of your user passwords and/or user identification. If you become aware of the unauthorized use of a password or other security breach, you must promptly notify your system administrator or Cision.
2.3 Customer Support. Customer support consists of telephone and email support and is available from Monday to Friday, 7:00 AM through 7:00 PM (CST), except for regular business holidays.
2.4 Modifications. Cision may change, suspend or discontinue any aspect or functionality of CisionPoint at any time, including the availability of features, databases, and content. Cision may also impose limits on certain features and services or restrict access to parts or all of the Website without notice or liability. Cision may engage in the aforementioned without notice to Client or you.
2.5 Scheduled Maintenance and Unavailability. CisionPoint may be available during scheduled maintenance periods, but performance may be slower than normal or CisionPoint may become unavailable. You acknowledge and agree that CisionPoint may be interrupted or unavailable during scheduled maintenance periods and unscheduled downtime. Cision shall not be liable for, and you agree to hold Cision harmless from, any service interruption or unavailability of CisionPoint as a result of events beyond the reasonable control of Cision.
2.6 Termination and Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, Cision has adopted a policy of terminating, in appropriate circumstances and at Cision’s sole discretion, account users who are deemed to be repeat copyright infringers. Notwithstanding the foregoing, Cision reserves the right to terminate access to CisionPoint at any time, whether or not there has been a repeat copyright infringement, if use violates or, in Cision’s sole and absolute discretion, is likely to violate, any laws, regulations, or rulings, infringes upon another person’s rights, or violates the terms of this User Agreement. Unauthorized use of CisionPoint shall be a material breach of this User Agreement and the MSA and may subject Client to legal action.
3. THIRD PARTY CONTENT
3.1 If Client has a subscription to Media Monitoring Services, you may have access to certain materials through CisionPoint that are subject to the terms and conditions of other agreements to which Cision is a party. The terms for material under license from Burrelle’s Information Services can be found here, and the terms for materials under license from LexisNexis can be found at https://www.lexisnexis.com/terms/general.aspx.
3.2 For purposes of this Section 3.2, “Broadcast Materials” shall mean broadcast information on subjects or keywords that Client selects from broadcast sources, and “Platform” shall mean the applicable web-based service that allows access to the Broadcast Materials. Subject to this User Agreement, if you are accessing and using broadcast monitoring content (“Broadcast Materials”), you may do so on the condition that you consent to the following provision:
4.1 You are solely responsible for your own computer networks, systems, hardware, and software, including the storage, security, and preservation of your own data. Storage and use of any downloaded content from CisionPoint is solely at your own risk.
4.2 CisionPoint may contain links to third party websites, which may contain their own terms and conditions. Access to such websites is at your own risk and Cision is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made available through such websites. Cision provides such links merely as a convenience and the inclusion of such links does not imply endorsement
4.3 Cision represents and warrants that it is authorized to perform the services and that it will do so in a commercially reasonable manner that is consistent with industry standards.
4.4 EXCEPT AS PROVIDED IN THIS USER AGREEMENT AND THE MSA, CISION MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE PROVIDED HEREUNDER. CISION EXPRESSLY DISCLAIMS ALL OTHER ORAL AND WRITTEN WARRANTIES PERTAINING TO THE SERVICE WHETHER STATUTORY, ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION TERMS AS TO QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CISION MAKES NO WARRANTY THAT THE SOFTWARE OR USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE.
4.5 CISION PROVIDES ACCESS TO CONTENT THROUGH ITS SOFTWARE TO THE EXTENT IT IS PROVIDED BY ITS SOURCES (“THIRD PARTY PROVIDERS”). CISION DOES NOT MAINTAIN OR CONTROL SUCH THIRD-PARTY CONTENT OR THE CONTENT OF OTHER WEBSITES, THAT MAY BE MADE AVAILABLE AS PART OF THE SERVICE AND ACCORDINGLY IS NOT RESPONSIBLE FOR THE AVAILABILITY, COMPLETENESS, TIMELINESS, FACTUAL ACCURACY, OR NON-INFRINGEMENT OF SUCH CONTENT, WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND THAT CISION AND/OR THIRD-PARTY CONTRIBUTORS TO THE SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THIS AGREEMENT.
5. LIMITATION ON LIABILITY
5.1 IN NO EVENT SHALL CISION OR (i) ITS DIRECTORS, AGENTS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (“CISION COVERED PARTIES”) OR (ii) CISION’S THIRD-PARTY SUPPLIERS OF CONTENT OR ANY OF THEIR DIRECTORS, AGENTS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS OR AFFILIATES (“PARTNER COVERED PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR ANTICIPATED PROFITS, LOSS OF REVENUE, ECONOMIC LOSS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THIS AGREEMENT BY CLIENT OR YOU UNDER ANY THEORY OF LIABILITY IN CONTRACT, TORT, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE TOTAL LIABILITY BY A CISION COVERED PARTY AND A PARTNER COVERED PARTY FOR ANY CAUSES OF ACTION BROUGHT BY CLIENT OR ITS AFFILIATES AND USERS ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CLIENT, IF ANY, FOR THE SERVICE. THE FOREGOING RIGHT TO MONETARY DAMAGES SHALL BE IN LIEU OF ANY OTHER REMEDIES WHICH CLIENT OR ITS AFFILIATES AND USERS MAY HAVE AGAINST ANY CISION COVERED PARTIES OR PARTNER COVERED PARTIES.
6.2 Governing Law. The Agreement shall be governed and construed according to the laws of the State of Illinois, without giving effect to conflict of law principles thereof. You agree to submit to personal jurisdiction of the state and federal courts located in Cook County in Illinois with respect to any legal proceedings that may arise in connection with CisionPoint or a dispute as to the interpretation or breach of this User Agreement.
6.4 Notice. If you have any questions about this User Agreement or CisionPoint, you can send a message to us at email@example.com or Cision US, 332 S. Michigan Avenue, Chicago, IL 60604, Attn: Legal.
Last Revised August 28, 2012