Talkwalker.com Alerts Terms Of Use
Specific Terms and conditions for the use of Talkwalker.com/alerts (22/03/2013)
The www.talkwalker.com/alerts webpage "Talkwalker Alert service" is a publicly accessible Alertingsystem that monitors various online and social media sources such as blogs, news, forums and social networks. The Talkwalker Alert Service can be used with prior registration. These terms and conditions ("Terms") apply when accessing the Talkwalker Alert Service that Trendiction SA offers as part of its Services. Unless explicitly stated otherwise, any change or addition of features in the Talkwalker Alert Service will be ruled by the provisions of these Terms and Conditions. You may have to agree to additional terms and conditions specifically for services that Trendiction currently offers or may offer in the future for a fee. The use of the Talkwalker Alert Service assumes that the user has agreed to these Terms of Service. If you do not want to be bound by these Terms and Conditions, you must NOT use the Talkwalker Alert Service.
Conditons of Use
The Talkwalker Alert Service is free to use for everyone above 18 years, and free of charge. However Trendiction is entitled at any time to change the conditions for the provision of the Talkwalker Alert Service in any form whatsoever, without delay or prior notification, including to restrict, expand, partially or entirely discontinue the Talkwalker Alert Service, or request fees for the provision of parts or the totality of the Talkwalker Alert Service. Trendiction provides reasonable resources to ensure a proper operation of Talkwalker Alert Service. However it is not responsible, nor does it guarantee, its completeness, usability or accessibility. This applies in particular, but not exclusively, for technical delays, interruptions or failures of the Internet or access to the Internet. The Talkwalker Alert Service is offered on an “as is” basis, which Trendiction considers acceptable with regards to functionalities, design and availabilty. If you do not agree with the terms and conditions mentioned in this document, you must NOT access the Talkwalker Alert Service and delete your account.
Registration
To use the Trendiction services, you agree to provide true, accurate, current and complete information ("Registration Data") in the registration process; and to notify Trendiction of changes thereof, for the registration data to be truthful, accurate, current and complete. If an information you provided is untrue, inaccurate, not current or incomplete, or if Trendiction would assume that any information your provided is untrue, inaccurate, not current or incomplete, Trendiction would be entitled to temporarily suspend your account and the provision of the Talkwalker Alert Service or permanently delete and exclude you from any use of of the Talkwalker Alert Service. After registering, you will receive access to a Talkwalker Alert Service account. It is your sole responsibility and obligation to ensure that your account will not be made available to any third party and your are solely responsible for any activity that occurs with your account. You are obliged to inform Trendiction immediately of any unauthorized use of your account or any other breach in security. If you would like to discontinue the use of the Talkwalker Alert Service, you can do so by deleting your Account. Trendiction will erase any data stored in its databases related to your account, including search queries, access email and any personal data that you may have input.
Rights of users
You may not sell the Talkwalker Alert Service, not imitate it in its entirety or portions thereof, not replicate its use or the access to it, nor resell , unless Trendiction explicitly permitted it to you specifically.
The use of Talkwalker Alert Service is restricted to adults only. The results of the Talkwalker Service Alert Service may be used by metasearch engines, subject to an individual agreement and a commercial license as proposed by Trendiction SA.
Rights of Trendiction S.A.
Trendiction reserves the right in case of violation of the Terms and Conditions of the Talkwalker Alert Service to investigate such events and take appropriate action. Trendiction is entitled to monitor the use of the offered Talkwalker Alert Service, and to take all necessary measures for the user to comply with these Terms and Conditions. In case of violation of the obligations under the Terms and Conditions, Trendiction may, without prejudice to claim further damages, charge expenses and handling fees for the restoration of the rightful use of the Talkwalker Alert Service. Trendiction is furthermore entitled to forward content that it considers in its own opinion as illegal, and to forward any information related thereto to the competent authorities without any prior notification to the user.
Copyright and Proprietary Rights
All content of the Talkwalker Alert Service is subject to copyright of the author. The Talkwalker Alert Service is based on freely available public data, which is, if necessary and possible, clearly labeled with the author. Furthermore, Trendiction respects and has implemented all existing protection mechanisms that are at the disposal of website operators (eg Robots Exclusion Standard). Further details regarding technical protection mechanisms can be found on http://www.trendiction.de/bot. The user is not allowed to remove or change any copyright notices, trademarks or other reservations of rights in the communicated data. If you believe that data of the Talkwalker Alert Service may constitute a copyright infringement, you are asked to inform Trendiction in electronic form via our contact form. Trendiction, trendiction.com, the Trendiction logo, Talkwalker, Talkwalker.com and Talkwalker Logo, as well as any other trademarks, icons, graphics, designs and logos used in connection with the Talkwalker Alert Service are the sole ownership of Trendiction S.A. and are registered trademarks of Trendiction SA or its licensors. Other trademarks, graphics and logos used in connection with the Talkwalker Alert Service may be trademarks of others. You must not use the trademarks or any other rights without the prior consent of Trendiction SA or other rightsholders, nor publish or use them in any other way.
Responsibility for content and links
Trendiction S.A. is not in a position to and does not verify the legality or suitability of third party content accessible through the Talkwalker Alert Service, nor to monitor and / or to investigate circumstances that indicate illegal activity. The results listed in the Talkwalker Alert Service refer to sites which are available on the internet to the general public. Trendiction S.A. has no influence on the design and / or the content of external websites it links to. Trendiction S.A. does not own and is not responsible for the content it provides or it links to through the Talkwalker Alert Service. It does not guarantee that such content is legal, accurate, current, and / or complete. It is not liable for damages caused by or resulting from the use of such content. Trendiction S.A. reserves the right to temporarily or permanently remove third-party content and links made available. Complaints against content in the list of results or content on the websites that the Talkwalker Alert Service links to are therefore to be directed primarily to the website or content providers, or their respective owners. Trendiction bears no responsibility or liability whatsover for the accuracy, time-relevance or completeness of the content, nor for its suitabilty. It is strictly prohibited to place hyperlinks directing at any Trendiction website and service when originating from sites that are morally objectionable, offensive, discriminatory, violent, racist, and / or are illegal in any way, or that contain statements that are likely to damage the reputation of Trendiction and its partners.
Liability
Trendiction is not liable for any interruptions, errors, delays, deletions, failed transmissions or a memory loss associated with Talkwalker Alert Service or any communication with the user through any means. Trendiction is not liable for any damage caused by data transmission malfunctions, or any damage to the user’s or any third party’s computer system resulting from the direct or indirect use of the Talkwalker Alert Service. Trendiction gives no assurance, nor accepts any responsibility or liability that the content used in relation with the Talkwalker Alert Service is free of third-party rights, in particular copyright, usage rights, trademarks or any other rights. Trendiction excludes any liability for any damage resulting from the use of the Talkwalker Alert Service. Trendiction accepts no responsibility or liability for the conduct of users or third parties, or for content or statements that are made available to users or third parties on its webpages. Trendiction gives no assurance and bears no responsibility or liability that any programme the Talkwalker Alert Service provides or any webpage the Talkwalker Alert Service links to is free of viruses or other malicious programs, such as trojans, spyware and the like, and recommends that the users install appropriate protection programs and update them regulary. Trendiction bears no responsibility or liability for the content of Websites it links to. In particular, Trendiction is not responsible for the services of third parties to which the Talkwalker Alert Service links. The terms of use of those sites apply to the usage of such services. Trendiction gives no assurance and bears no responsibility or liability that services are compatible with the technical equipment of the users. You agree that you will indemnify and hold harmless Trendiction S.A., its officers, agents and any other business partners and employees with respect to any claim or demand of any third party arising out of the content you submit to, or the use of, or in connection with the Talkwalker Alert Service, or arising out of a violation of these terms or out of any rights of third parties. This also applies to reasonable attorney's fees.
Termination
Users can cease at any time, without notice and without any indication of reason, the use of the Talkwalker Alert Service. The user has the right to delete its account access and its search queries. Trendiction reserves the right to cease its Talkwalker Alert Service at any time, without notice and without any indication of reason. Termination by Trendiction is done by deleting the account access.
General
The Talkwalker-Alert Service is regulated by these terms and conditions, as they apply during the the time of the usage.
Change of Terms and Conditions
Trendiction S.A. has the right to amend these terms and conditions at any time. Changes are communicated by e-mail or through a message during login.
Contact
Any form of communication in relation to this contract are to be done through the Contact form.
Privacy Policy
The Trendiction privacy policy applies to the provision of the Talkwalker Alert Service and can be accessed online.
Final Provisions
These Terms and your use of the Talkwalker Alert Service are governed by Luxembourg law. The courts of the Grand Duchy of Luxembourg have exclusive jurisdiction for disputes arising from or in connection with the use of the Talkwalker Alert Service Service.