Basic Conditions of Use
(Effective as of January 7, 2020)
These Basic Conditions of Use are applicable and incorporated into the Terms of Service or Master Services Agreement, as applicable (the “Main Agreement”). The terms included in these Basic Conditions of Use that are not defined herein shall have the meanings set forth in the Main Agreement.
In order to provide the Talkwalker Services, we rely on our clients to adhere to appropriate standards of use. In this sense:
1. Content from Third-Party Platforms cannot be publicly displayed. If Client wants to display such content, Client will need to enter into a separate agreement with Talkwalker and always respect the rights of Third-Party Platforms.
2. You cannot use the Services to obtain unauthorized content. Client may not use the Services for any illegal or unauthorized purposes, such as downloading and/or reproducing data, information or content without the necessary prior authorizations to do so.
3. You are responsible for what you access or post on Third-Party Platforms. Client will be granted the possibility to access any account it may operates on Third-Party Platforms via the Services. Client acknowledges and agrees it is solely responsible and solely liable for any content provided by and accessed by Client on any Third-Party Platforms, as well as any communications or interactions between Client and any third parties through Third-Party Platforms. Talkwalker does not have any contro l regarding the data Client provides on the Talkwalker Platform via the Services nor have any right to or control of the third-party content you access as a result of using the Services.
4. Talkwalker has no obligation to conduct any verification, modification, filtering, or deletion of any data or third-party data. Talkwalker, however, has the right to exclude certain data from search results or otherwise make it inaccessible to you if Talkwalker, in its sole discretion, believes the provision of such data would cause Talkwalker to violate agreements with third parties or to infringe on intellectual property or other proprietary rights of third parties or any applicable laws and/or regulations.
5. Client acknowledges the intellectual property rights of Talkwalker: Client acknowledges Talkwalker and its licensors have developed the Services by applying proprietary knowledge and expertise while expending substantial time, effort, and money. The Services, including but not limited to any website (including without limitation the text, image, video and audio files, graphics, tables, functionality, data selection, and arrangement) are protected by applicable copyright and trademark law, or trade secrets, and may be protected by patent and other forms of intellectual property rights. As between the parties, Talkwalker and its licensors retain all present and future right, title, and interest in the Services, and all intellectual property rights therein including but not limited to trademarks, trade names, database rights, processes, software, patents, copyrights, designs, logos, calculations, algorithms, and domain names.
6. Client is not allowed to copy or attempt to copy Talkwalker’s intellectual property or tamper with Talkwalker code or Services. Client may not make any permanent copy of, or make derivative works incorporating any of the elements of, or reverse-engineer or decompile or try to access and/or modify in any way the source code of any software made available by and/or protected by Trendiction’s and its affiliates’ intellectual property rights.
7. Client cannot access and use the Services in order to build and/or make available any similar or competitive services.
8. Client cannot violate any applicable law or use the tool for surveillance purposes. We cannot foresee all possible uses of the Services. It is therefore Client’s sole responsibility to use the Services in accordance with any applicable legislation, rules, administrative orders, etc. In particular:
1. Client cannot use the Services to violate intellectual property laws or the rights of any third party. The Services are provided from a variety of different sources available on the internet, in accordance with the terms and conditions of such sources, with local or international legislations and internet standards but does not provide Client with any right over third-party content. It is up to Client to determine whether Client is entitled to a particular result given applicable legislation.
2. The tool is not intended to be used for surveilling individuals or for law enforcement activities. In particular, Client cannot display, distribute, or otherwise make available the Talkwalker Services or its content to any person or entity that Client may reasonably believe will use such data to violate the Universal Declaration of Human Rights or to allow and/or assist any government entity, law enforcement, intelligence services, or other organizations to conduct surveillance of individuals or small groups.
9. The license to use the Services is given to Client and to no one else. Client cannot license, rent, lease, transfer, assign, distribute, display, disclose, create derivative works of, or commercially exploit or make available the Services to a third party, without prior written approval from Talkwalker. For the avoidance of doubt, Client cannot sell or resell or give access to the Services unless Client are a Partner as approved by partners@talkwalker.com.
10. Client can only use the Services for Client’s own professional purposes. Client can only use the Services inside Client’s own organization. If Client want to reproduce query results publicly, Client will need to seek Talkwalker’s prior approval and sign a formal and specific agreement.
11. Client cannot use the Services for anything other than their intended purposes. Client cannot use the Services to create, download, copy, store, use, publish, reproduce or disseminate infringing or otherwise unlawful data, information or content or data, information or content that violates any third party’s rights such as privacy or intellectual property rights.
12. Client agrees to respect the integrity of the Services. Client cannot engage in any activity that: (a) interferes or attempts to interfere with the Services’ proper functioning or disrupts or diminishes the quality of the Services; or (b) circumvents, disables, or otherwise interferes with security-related features of the Services or features that enforce limitations on use of the Services.
13. Client cannot use the Service to communicate any material which is obscene or illegal or in an unethical manner. Client cannot not (i) use the Services, Talkwalker Deliverables, data, or any other information obtained therefrom in a way that breaches the terms of these Basic Conditions of Use or of any agreement between Client and any third party; (ii) gain or attempt to gain or grant to others unauthorized access to the Services; (iii) to communicate any material which is illegal, unlawful, or obscene, unacceptable, defamatory, abusive, immoral or offensive, such as spamming, hacking, phishing, or harassing; (iv) use the Services in a manner that would be in breach of ethical advertising principles or result in a breach of the reasonable expectation of privacy or the law of privacy of the data subject; (v) interfere in any manner with, or disrupt the integrity or performance of, the Services or their operation, or the hardware and network used to operate the Services; (vi) to breach the law applicable to Client; (vii) to breach the law applicable to Third-Party Platform content; or (viii) for any other use which may be detrimental in any way to Talkwalker, its business, or its customers or partners.
14. Client acknowledge and agree that Talkwalker is continuously further developing the Services and that the Services are dependent upon the availability, completeness, and accuracy of the content provided at the sole discretion of the Third-Party Platforms.
15. Client accept that Talkwalker reserves the right to notify any competent authority or Third-Party Platform of any action or conduct by Client while using the Services or Client’s Data or third-party content that Talkwalker may deem to be unlawful or infringing, without any prior notification to Client.
16. In case of breach of any of the above-mentioned conditions we may be free to terminate the Services with or without prior notice, and without prejudice to our other rights or remedies.