Cinemetrics Research, LLC
Welcome to Cinemetrics Research, LLC. These Terms of Service ("Terms") govern your use of our services. By using our services, you agree to comply with these Terms. You must not use our services if you do not agree to the Terms.
We offer specialized market research and producing services for filmmakers, documentarians, public television stations, and small production studios. Our services are divided into two categories:
Additional services may include viewership trend analysis, content recommendations, data-driven marketing strategy development, and other consulting services related to project planning, audience targeting, and distribution guidance. All services are designed to provide actionable insights and strategic support to inform creative decisions, attract investment, and enhance project viability in the competitive media landscape.
By using our services, you agree to:
Any proprietary methods, research data, or insights provided to you are for your exclusive internal use. You may not disclose these to third parties without our prior written consent. This does not include information that is publicly available or information obtained independently.
Confidential Information includes, but is not limited to, any proprietary methods, research data, insights, client information, business strategies, financial information, and any other non-public information shared between Cinemetrics Research, LLC and the client during the course of our services.
This confidentiality obligation does not apply to information that:
The confidentiality obligations outlined in this section shall remain in effect for a period of five (5) years after the termination of services, or for as long as the information remains confidential, whichever is longer.
Upon termination of services or upon request, each party agrees to promptly return or destroy all Confidential Information received from the other party, including all copies and derivatives thereof.
Both parties acknowledge that any breach of these confidentiality obligations may result in irreparable harm and that monetary damages may be inadequate compensation. Therefore, in addition to any other remedies available at law, the non-breaching party shall be entitled to seek injunctive relief.
If payment terms differ from the standard structure, they will be clearly outlined in the specific service contract or agreement.
The invoice or contract will specify accepted payment methods.
The specific service contract or agreement will outline our refund and cancellation policy.
Clients are responsible for reviewing and adhering to the payment terms outlined in their specific agreement or invoice. Any questions or concerns regarding payment should be addressed before services commence.
All reports, data, analyses, and methodologies provided by Cinemetrics Research, LLC remain our intellectual property unless explicitly stated otherwise. You are granted a limited, non-exclusive, non-transferable license to use the materials for your internal business purposes.
If any third-party intellectual property is incorporated into the Deliverables, Cinemetrics Research, LLC shall obtain the necessary licenses or permissions for the client's use as specified in this agreement.
All rights not expressly granted in this agreement are reserved by the respective owners of the intellectual property.
The provisions of this Intellectual Property Rights section shall survive the termination or expiration of this agreement.
Cinemetrics Research, LLC will not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services. We are only responsible for direct damages up to the amount paid by the client for the specific service.
To the maximum extent permitted by applicable law, the total liability of Cinemetrics Research, LLC, its directors, employees, or affiliates, for any claims under these Terms or relating to our services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the client for the specific service giving rise to the claim.
In no event shall Cinemetrics Research, LLC be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, loss of data, or business interruption, arising out of or in connection with our services, even if we have been advised of the possibility of such damages.
Any claim or cause of action arising out of or related to the use of our services or to these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cinemetrics Research, LLC and you.
Cinemetrics Research, LLC warrants that it will perform the services in a professional manner consistent with general industry standards. Our entire liability and your exclusive remedy under this warranty will be, at our option and expense, to either (a) re-perform the deficient services, or (b) if re-performance is impracticable, refund the fees paid for the deficient services.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, CINEMETRICS RESEARCH, LLC MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
While we strive to provide valuable insights, Cinemetrics Research, LLC does not warrant or guarantee any specific results from the use of our services. Market research is inherently predictive and speculative, and actual results may vary. Similarly, producing services involve numerous factors outside our control, and we cannot guarantee specific outcomes such as successful fundraising, distribution deals, or project completion.
We do not warrant that the information provided through our services will be error-free or uninterrupted, or that all errors will be corrected. We rely on data provided by respondents and third-party sources, and while we take reasonable steps to ensure accuracy, we cannot guarantee the absolute accuracy of all data.
The client acknowledges that any actions taken based on our research and recommendations are at their own risk. We provide information to aid in decision-making, but the final decisions and their outcomes are the responsibility of the client.
Where our services incorporate or reference third-party content or data, we do not warrant or endorse, and shall not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third parties.
Unless explicitly prohibited by the client in writing, Cinemetrics Research, LLC may use the client's name and logo for marketing and promotional purposes, including but not limited to:
Any use of the client's name or logo will be done in a professional manner that reflects positively on both parties. Cinemetrics Research, LLC agrees not to alter, modify, or distort the client's logo without prior written consent.
The use of a client's name or logo does not imply an endorsement of Cinemetrics Research, LLC or its services unless explicitly stated and agreed upon in writing.
Cinemetrics Research, LLC will not disclose any confidential information about the client in connection with the use of the client's name or logo.
For any use beyond a simple listing as a client, such as case studies or detailed testimonials, Cinemetrics Research, LLC will seek prior written approval from the client.
Clients may opt-out of having their name or logo used for marketing purposes at any time by providing written notice to Cinemetrics Research, LLC. Upon receipt of such notice, we will cease any new uses of the client's name or logo and remove existing uses where reasonably possible.
Unless otherwise agreed, the permission to use the client's name and logo as described in this section shall continue for ten (10) years after the completion of services. After this period, Cinemetrics Research, LLC will seek renewal of permission from the client.
Nothing in this section shall be construed as transferring any ownership or intellectual property rights in the client's name or logo to Cinemetrics Research, LLC.
Either party may terminate the agreement with written notice. If terminated, all outstanding payments for services rendered must be made, and any materials or data shared during the service must be returned or destroyed.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will notify you of any material changes that may affect the service you receive.
In the event of a dispute, both parties agree to resolve matters through negotiation or mediation before pursuing litigation. Any legal claims will be subject to the laws of Wyoming, USA.
These Terms will be governed by and construed in accordance with the laws of Wyoming, USA. Any legal disputes will be handled in the courts of Wyoming, USA.
Cinemetrics Research, LLC may assign or transfer its rights and obligations under this agreement to a successor entity in the event of a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by all terms and conditions of this agreement.
No assignment or subcontracting shall relieve either party of its obligations with respect to performance or payment that accrued prior to such assignment or subcontracting.
This agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this agreement.
For any questions regarding these Terms or our services, please contact us at:
Cinemetrics Research, LLC
[Email Address]
[Phone Number]
[Business Address]