Beatgrid Media apps, the ‘Media Rewards’ app EULA, March 2017
This Beatgrid Media BV (“BEATGRID MEDIA”) End User License Agreement (“Agreement”) applies to your use of this Application (“Application” or “App”), named “Media Rewards”, operated by Beatgrid Media and sets forth a legally binding agreement between you and Beatgrid Media.
- The Application
The Application analyses Audio Fingerprint frequencies of our content and advertisements in the broadcast. Audio Fingerprints represent the unique audio features from Music, Radio advertisements, Radio shows on or within close proximity of your phone. The unique audio features of media content are analysed and decoded to an encrypted string of numbers (Audio Fingerprints). It is NOT possible to decode this information back into an audible format, like conversations or voices. See 2) Privacy Statement for more information.
By downloading and entering the access code for the Application you: (1) agree to be bound by the
Terms contained in this Agreement; and (2) represent that all information you provided to Media Rewards App during the registration process is truthful and accurate. If you do not agree to the terms of this Agreement, do not use the Application and you must either stop downloading the Application now or treat this Agreement as being at an end under the Termination paragraph below.
This Application requires an iOS Apple Smartphone or Android based Smartphone with a minimum of 7 MB of memory. Beatgrid Media provides the Application to you, subject to this Agreement. You represent and warrant that you will use the Application and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly notify Beatgrid Media if your contact information changes.
- Privacy Statement
Your privacy is our priority. Beatgrid Media and our Media Rewards app takes your privacy very serious and go the extra mile to protect it. The Media Rewards research program is made to improve media and advertising. The app does NOT record, store or exchange audio. The app can only match advertisements and content that is known to us. We respect your privacy and preferences concerning your usage of the Media Rewards app and any information that we may collect from your use of our apps, from your registration with one or more of our survey panels, or from your participation in our surveys. This policy lets you know what and how we collect TV and Radio exposure data;
How the smartphone microphone is used
Beatgrid Media Rewards App collects and matches information from certain audio frequencies from sound on and within proximity of your mobile device to match any TV or Radio content you may be consuming.
How? The Media Rewards app converts sound within proximity of your device to a string of numbers named ‘audio fingerprints’. These audio fingerprints are matched against equivalent data from the audio of our advertisements and content. This enables us to securely and anonymously match the content that you have been exposed to. Only sound that relates to our content can be analysed. All other sound is NOT identifiable. It is NOT possible to decode audio fingerprints back into an audible format like conversations or voices.
We implement a high level of data privacy by applying the following principles:
1 Store data anonymously
We do NOT collect or store any personal information about you, such as; your name, postal address, email address or telephone number. Data is linked to your personal code only: Example data: PIN: 12345678, MatchedMedia: 12336, Timestamp: 2016/06/06 6:13 PM
2 Store data locally
Data is stored on servers that are located within the geographical boundaries of your economic region. We do not disclose customer content unless we’re required to do so to comply with the law or a valid and binding order of a governmental or regulatory body. Governmental and regulatory bodies need to follow the applicable legal process to obtain valid and binding orders, and we review all orders and object to overbroad or otherwise inappropriate ones.
3 Secure communications using encryption standards
All communications between the Application and our servers are secured by encryption standards, such as HTTPS. Our servers are shielded from the Internet by firewalls. Servers are accessible through encrypted communication channels only.
- Usage Application
After installation we do NOT require any active usage of the Application. The Application runs unobtrusively in the background of your smartphone. The Application does not have an impact on the normal usage of your smartphone. You don’t have to do anything other than just keep the Application installed and take part in an online survey at the end of the research study period, to give your opinion on the media content and advertisements you may have been exposed to.
You are being invited and given access to the Media Rewards App as a member of one of Beatgrid Media’s partner panels (“Panel”) that has agreed to take part in the Media Rewards TV and Radio metering program. You, as a user, can at any point cease participation in the Panel by notifying the support team of your Panel or email Beatgrid Media directly at firstname.lastname@example.org. You may then uninstall the Application and this Agreement shall terminate.
Upon termination of this Agreement; (i) your rights under this Agreement will terminate automatically; (ii) you must immediately cease all use of the Application; and (iii) you must immediately delete or remove the Application from your mobile device. Beatgrid Media may, in its sole discretion, and at any time, discontinue this Application or any part thereof, with or without notice, or may prevent your use of this Application with or without notice to you. You agree that you do not have any rights in this Application and that Beatgrid Media will have no liability to you if this Application is discontinued or your ability to access the Application is terminated.
YOU MAY NOT USE THE APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE APPLICATION MAY BE TERMINATED IMMEDIATELY IN BEATGRID MEDIA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
- Grant of Licence
The Application, including the software (including, without limitation, software, code, files, images,
contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), Application Updates (as defined below), documentation and any accompanying fonts, whether in read-only memory, on any other media or in any other form are Licenced to you by Beatgrid Media subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with Beatgrid Media, who owns full and complete title, and Beatgrid Media reserves all rights not expressly granted to you. The rights granted herein are non-transferable. The Agreement herein grants you permission to use the Application on as many devices as we request you to install it. You may not make the Application available over a network where it could be used on multiple devices at the same time. This Agreement does not grant you any rights to use Beatgrid Media proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Application. Any use of the Application in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification or distribution of the Application is prohibited. Instructions on how to uninstall the Application will be provided to you at the time of download/installation, but this Agreement does not entitle you to receive and does not obligate Beatgrid Media to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application. You may not, modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Application.
- Accounts and Security
You are responsible for any and all activities that occur under your account. You agree to notify Beatgrid Media immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Application. Beatgrid Media is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
- Application Updates
Beatgrid Media may, at its discretion, provide notifications on Application Updates to you from time to time. You agree to accept these Application Updates, and to pay for any costs associated with receiving them. You must comply with all domestic and international export laws and regulations that apply to the Application and Application Updates. These laws include restrictions on destinations, end users and end use. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of Beatgrid Media and its licensors and you may be subject to prosecution and damages.
- Use of the Application
The following requirements apply to your use the Application: You will not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, or hateful. You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You will not use the Application for any commercial purpose not expressly approved by Beatgrid Media in writing.
- Intellectual Property Ownership
There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used in the Application. By making these Trademarks available through the Application, Beatgrid Media is not granting you a Licence to use them in any fashion, and you are not granted any Licence under any of Beatgrid Media’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No Beatgrid Media Trademarks may be used as a username, icon, identifier, and hyperlink or in any other manner without Beatgrid Media’s prior written permission. The Application and the selection, coordination, and arrangement thereof, is owned either by Beatgrid Media or
Its respective licensors. The unauthorised copying, displaying, selling, distributing or other use of any content or Application is a violation of the law. You acknowledge having been advised by Beatgrid Media that the Application is protected in the Netherlands and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws.
- Representations, Disclaimer of Warranties, and Limitations of Liability
Beatgrid Media and its, officers, employees, and website contractors and each of their officers, employees and agents (collectively, “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Application. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Beatgrid Media or the Company Affiliates. The Internet may be subject to breaches of security. Beatgrid Media and the Company Affiliates are not responsible for any resulting damage to any user’s device or mobile device from any such security breach, or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. Beatgrid Media and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Application. This Application may be temporarily unavailable due to maintenance or malfunction of computer equipment. THE APPLICATION (INCLUDING ALL APPLICATION UPDATES) IS MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. BEATGRID MEDIA AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION AND THE CONTENT. BEATGRID MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF THE APPLICATION, (INCLUDING ANY APPLICATION UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL BE CORRECTED. YOU AGREE THAT BEATGRID MEDIA AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE APPLICATION; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE APPLICATION; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BEATGRID MEDIA, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE APPLICATION; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF APPLICATION USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH APPLICATION USERS, EVEN IF BEATGRID MEDIA OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BYNEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO, THE APPLICATION OR ITS RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THIS APPLICATION, REGISTERING WITH THE APPLICATION AND/OR ACCEPTING ANY INFORMATION FROM THIS APPLICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BEATGRID MEDIA AND THE COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BYA THIRD PARTY THAT IS BASED ON YOUR USE OF THE APPLICATION;(D) INFORMATION ORMATERIAL POSTED OR TRANSMITTED THROUGH YOUR MOBILE DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE APPLICATION; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (H) YOUR UTHORISATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL CO-OPERATE AS FULLY AND AS REASONABLY REQUIRED IN BEATGRID MEDIA’S DEFENSE OF ANY CLAIM. BEATGRID MEDIA RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF BEATGRID MEDIA.
Beatgrid Media may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Application. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Application by others using the device.
- General Information
This Agreement constitutes the entire agreement between you and Beatgrid Media governing your use of the Application, superseding any prior agreements. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your Internet service provider) that may apply to your use of the Application. If any provision of this Agreement is held to be invalid or unenforceable, this will not affect any other provisions of this Agreement. The failure of Beatgrid Media to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. By using the Application, you agree that the laws of the Netherlands apply to all matters relating to use of the Application, and you agree that any litigation shall be subject to the exclusive jurisdiction of Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Both you and Beatgrid Media acknowledge and agree that no partnership is formed and neither of you nor Beatgrid Media has the power or the authority to obligate or bind the other. The failure of Beatgrid Media to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of local or governmental authorities or for any other reason beyond the reasonable control of Beatgrid Media, shall not be deemed a breach of this Agreement.
From time to time we may update this Agreement. Your use of this Application after we post any
changes to this Agreement constitutes your agreement to those changes. If Beatgrid Media in its reasonable discretion believes that a change to this Agreement will benefit you or have a neutral impact on you, Beatgrid Media may make the change without informing you. If Beatgrid Media reasonably thinks that a change to this Agreement will have a detrimental material impact on you, we will give you notice through the Application or by some other means and you may terminate this Agreement with effect as of the date of change. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version.
- Contact information
In the event of a complaint or concern regarding this Agreement or the Application, or for more
Information, please contact Beatgrid Media at the following address: Sisalbaan 5a, 2352 AZ, Leiderdorp, Netherlands