Terms of Use

NetRatings, its affiliates and subsidiaries (collectively “NetRatings”) require all visitors to its Web site (www.nielsen-netratings.com), to review and comply with the following Terms of Use. By viewing, downloading, or accessing the Web site and any Information obtained therefrom, you demonstrate your acceptance to these terms. If you do not wish to comply or accept these terms, please do not visit or use information obtained from the Web site.

Proprietary Rights and Restrictions on Use
NetRatings owns and operates the Web site and all information contained therein, including text, numerical data, tables, charts, graphs, images, pictures, logos and symbols (collectively “Information”), unless expressly stated otherwise. The Web site may contain names, Web site addresses, banner ads, logos and other materials belonging to third parties as well as textual references to such items; all such uses are for illustrative purposes and do not indicate an endorsement of the service by those companies. Such items may qualify as copyrights, trademarks or other proprietary marks of third parties and NetRatings does not claim any ownership in or to such items.

The Information contained on the Web site is protected by U.S. and foreign copyright, trademark and other proprietary laws. Under these laws, NetRatings has the exclusive right to publish, display, use, sell and create derivative works of the Information. Absence of the “©”, “®”, “SM” or “TM” does not negate this protection. NetRatings retains all right, title and interest to the Information contained on the Web site whether or not you obtained the Information directly from the Web site or another source. Any party using NetRatings’ Information in any manner not expressly authorized by NetRatings is infringing on NetRatings’ proprietary rights.

The Web site and Information may be used for lawful purposes only. You may, without prior written consent of NetRatings, print or download one copy of the Information on one computer, for non-commercial home use only, provided your intended use is not contrary to these Terms of Use and you do not delete any copyright and trademark notices. You may not post or transmit any material through the Web site which violates or infringes on the rights of NetRatings or any third parties. Without NetRatings’ prior written consent, you may not post any advertisement, solicitation or similar material on the Web site. NetRatings retains the right to remove, without notice, any material posted on the Web site that infringes on the rights of NetRatings or another third party, or which is in violation of these Terms of Use.

Use of the Information, derived directly or indirectly from the Web site, in any text, document, press release, statement, advertisement, or other publication is subject to the prior written approval of NetRatings. You may request NetRatings’ approval by contacting pr.us@netratings.com and you must properly source the Information in the manner directed by the NetRatings representative.

Transmissions to NetRatings
If you elect to send NetRatings e-mail, comments, questions, ideas, graphics or suggestions through the Web site (“Communications”), you imply that you or the appropriate party has voluntarily granted an unrestricted license to NetRatings to use the Communications as determined in NetRatings’ sole discretion (unless your transmission states otherwise).

Occasionally, visitors to the Web site may voluntarily transmit personally identifiable information to NetRatings. Personally identifiable information is handled and maintained per the terms of NetRatings’ Privacy Policy contained on the Web site. Please read the NetRatings Privacy Policy for more information on the collection and use of personal information on the Web site by NetRatings.

U.S. Government Restricted Rights
The Information on this Web site is provided with “RESTRICTED RIGHTS”. Use, duplication or disclosure by the U.S. government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Information by the U.S. government constitutes acknowledgement of NetRatings’ proprietary rights in the Information.

Linked Sites
The Web site contains links to other Web sites which are not maintained or controlled by NetRatings and do not necessarily suggest NetRatings’ endorsement of the third party’s Web site, products or services. Furthermore, NetRatings is not responsible for the content of these other Web sites or the manner in which information may be collected on that Web site and used by the third party. NetRatings is not responsible for any loss or damage arising from your use or visit to a third party’s Web site.

Disclaimer and Limitation of Damages and Liability

Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of NetRatings.

These statements are only predictions and that actual events or results may differ materially. Information about potential factors that may affect NetRatings’ business and financial results is included in its most recent annual report on Form 10-K and its quarterly report on 10-Q., which are on file with the Securities and Exchange Commission and are available free of charge. NetRatings does not undertake to update any forward looking statement that might be made from time to time by it or on behalf of NetRatings.

USE OF THE WEB SITE IS AT YOUR SOLE RISK. NETRATINGS DISCLAIMS ANY AND ALL WARRANTIES THAT THE WEB SITE OR THE INFORMATION WILL BE ERROR FREE OR UNINTERRUPTED. NETRATINGS DOES NOT MAKE ANY REPRESENTATIONS AS TO THE USEFULNESS OR RESULTS, WHICH MAY BE DERIVED FROM THE WEB SITE OR INFORMATION.

ALL INFORMATION, DATA AND REPORTS OBTAINED FROM THE WEB SITE, OR LINKS TO THIRD PARTY WEB SITES ARE “AS IS”, “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND. NETRATINGS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL NETRATINGS BE LIABLE TO THE VISITOR OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, SAVINGS OR REVENUES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY) OR OTHERWISE, REGARDLESS OF WHETHER NETRATINGS KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NETRATINGS’ MAXIMUM AGGREGATE LIABILITY UNDER ANY THEORY SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEB SITE.

Indemnification
You agree to indemnify, defend and hold harmless, NetRatings and its officers, agents and employees from and against any and all damages, costs, liabilities, actions, claims and expenses (including attorney’s fees) arising from your use of the Web site.

Jurisdiction
The Web site is owned and operated from offices located in California and New York, U.S.A. NetRatings makes no representations regarding the legality of using the Information or the Web site in any other jurisdictions or countries. Some jurisdictions may restrict the use of or access to the Web site or Information, in which case such use or access is expressly prohibited by NetRatings. You are responsible for insuring compliance with local laws when using the Information and accessing the Web site in other jurisdictions or countries.

Termination
NetRatings and you may terminate this agreement at any time, with or without cause. Upon termination, you must destroy all Information obtained or derived directly or indirectly from the Web site, including all copies, wherever stored or located and cease accessing the Web site. You may not access the Web site after termination without NetRatings’ written approval.

Miscellaneous
NetRatings may, without notice, revise these Terms of Use by updating this posting, and it is your responsibility to check the Terms of Use to insure your compliance therewith. These Terms of Use and your use of the Web site will be governed and interpreted in accordance with the laws of the State of New York and the United States of America, without regard to the choice of law provisions. If any part of these Terms of Use are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and NetRatings’ Privacy Policy are the entire agreement between the parties relating to use of the Web site.

Updated: February 5, 2003