Content Limitations

CONTENT LIMITATIONS

These Content Limitations are applicable and incorporated into the Terms of Service, Master Services Agreement, or other agreement(s) for services you have with us, as applicable (the “Main Agreement”). Terms not defined herein shall have the meanings set forth in the Main Agreement.

This document specifies the limitations (hereinafter “Content Limitations”) on the use of content from third-party social-media websites (including Twitter, Facebook, etc.), any online-media (including blogs, message boards, news, review sites, and any other sources) (“Third-Party Platforms”), and Blue Silk GPT in connection with the Services, and as set out from time-to-time in such Third-Party Platforms’ terms and conditions (including third parties’ intellectual property rights), as well as the limitations applicable by law or its interpretation.

These Content Limitations are binding on both parties when using and offering the Talkwalker Platform. In this document, “Company” is designated as “you.”

These Content Limitations are not subject to negotiation as they are dependent on the terms of third parties or the law.  In the event of discrepancy, the Content Limitations shall supersede any other terms which have been agreed between you and Talkwalker.

These Content Limitations may be updated by Talkwalker from time-to-time, with or without notification. Updates will usually be for the purpose of reflecting terms and conditions of new Third-Party Platforms, changes to the terms and conditions of those of Third-Party Platforms already provided, or for changes in applicable laws, rules, regulations.

The current version of this document can be found at https://www.talkwalker.com/content-limitations.

You acknowledge and agree that you will comply with applicable Third-Party Platforms’ terms and conditions and Applicable Law and your access to and use of the Services are conditioned on such compliance.  This is true for any Third-Party Platform from which you access or receive data through the Services, and includes, but is not limited to, those listed below. Please note that you are also responsible for ensuring your compliance with the current terms of Third-Party Platforms. Although we will endeavor to list the most current the Third-Party Platforms may require us to do, we may not always provide links to the most current or all of the applicable terms and conditions.

1. Facebook

When using Talkwalker Services to access Facebook content, you shall comply with the following Statement of Rights and Responsibilities: https://www.facebook.com/legal/terms and in the event you create any content, you expressly agree to abide by Facebook Data Policy located at: https://www.facebook.com/privacy/explanation.

In particular, you are strictly prohibited from posting unauthorized commercial communications (such as spam) on Facebook. In addition, there are legal restrictions on accessing content, which means that Facebook can make content unavailable based on an order of a government or of non-government entities, such as non-profit groups or charities, which may violate local law. In such cases, Facebook reserves the right to restrict such content in a particular country. More information about Facebook restrictions due to local laws can be found here: https://govtrequests.facebook.com/.

2. Flickr

When using Talkwalker Services to access Flickr content, you are subject to the Flickr Terms of Service and therefore You shall comply with the  Flickr  Terms of Service located at: https://www.flickr.com/help/terms, the Flicker Privacy Policy located at: https://www.flickr.com/help/privacy and in the event you create any content, you expressly agree to abide by Flickr Community Guidelines located at https://www.flickr.com/help/guidelines.

In addition, You must comply with any requirements or restrictions imposed on usage of photos from Flickr by their respective owners. This product uses the Flickr API but is not endorsed or certified by SmugMug, Inc..

3. Google Business

When using Talkwalker Services to access Google Business content, you shall comply with the following: 

Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:

1. Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

2. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;

3. Misrepresent the source or ownership; or

4. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

4. Instagram

When using Talkwalker Services to access Instagram content, you shall comply with the following:

Terms of Use:
https://help.instagram.com/478745558852511
Data Policy:
https://help.instagram.com/155833707900388

5. Lexis Nexis

In order to be given access to the Lexis Nexis Services through the Talkwalker Platform, you are to enter into a Subscription Agreement that Talkwalker will provide to you. You shall abide by the terms and conditions defined therein throughout your use of Lexis Nexis Services. You understand and agree that Lexis Nexis Services are not sub-licensable. A Subscription Agreement will be required for each access and use by any other corporate entity other than you. Further following applicable terms and conditions shall apply depending upon your region: 

• https://www.lexisnexis.com/global/terms/nl/Service-TC-Dutch-Law-English-language-25052018.pdf and LexisNexis® Supplemental Terms (and updates thereof) available online at (http://www.lexisnexis.com/terms/supplemental/) 

• http://www.lexisnexis.com/terms/general and LexisNexis® Supplemental Terms (and updates thereof) available online at (http://www.lexisnexis.com/terms/supplemental/) 

6. LinkedIn

When using Talkwalker Services to access LinkedIn content, you shall comply with the following:

User Agreement:

https://www.linkedin.com/legal/user-agreement

Copyright Policy:

https://www.linkedin.com/legal/copyright-policy

Privacy Policy:

https://www.linkedin.com/legal/privacy-policy

7. Twitter

When using Talkwalker Services to access Twitter content, you shall comply with the following:
Developer Agreement & Policy: 

https://dev.twitter.com/overview/terms/agreement-and-policy and in particular this section: Other Important Terms and User Protection. Twitter Content, and its derivatives, may not be used by, or knowingly displayed, distributed, or otherwise made available to:

1. any public-sector entity (or any entities providing Services to such entities) for surveillance purposes, including but not limited to:

   1. investigating or tracking Twitter's users or their Content; and/or,

   2. tracking, alerting, or any other monitoring of sensitive events (including but not limited to protests, rallies, or community organizing meetings);

2. any public-sector entity (or any entities providing Services to such entities) whose primary function or mission includes conducting surveillance or gathering intelligence;

3. any entity for the purposes of conducting or providing surveillance, analyses, or research that isolates a group of individuals or any single individual for any unlawful or discriminatory purpose or in a manner that would be inconsistent with our users' reasonable expectations of privacy;

4. any entity to target, segment, or profile individuals based on health (including pregnancy), negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by law;

5. any entity that you reasonably believe will use such data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), including without limitation Articles 12, 18, or 19.

If law enforcement personnel request information about Twitter or its users for the purposes of an ongoing investigation, you must refer them to Twitter's Guidelines for Law Enforcement located at https://t.co/le.

You agree to Twitter’s Terms of Service in relation to the use of Twitter’s Content, located at http://twitter.com/tos, and in case you create any content, you expressly agree to abide by Twitter’s Privacy Policy located at http://twitter.com/privacy and the Twitter Rules located at http://twitter.com/rules.

No public display of Twitter content. You acknowledge there are specific rules applying to the public display of Twitter content. In the event you want to publicly display Twitter content, you should notify us we will then liaise with Twitter, which may necessitate the execution of additional terms and conditions by you.

8. TVEyes 

When using TVEyes service through the Talkwalker Platform, you expressly acknowledge and agree to the following set of User Rules:

1. To use the TVEyes service only for internal business purposes and only for lawful purposes in compliance with all applicable laws and regulations and, further, not to use or knowingly to permit use of the mode TVEyes service for:

   1. the collection/distribution of any material which infringes on the Intellectual Property Rights of any third party; and

   2. the mass distribution of unsolicited email or the solicitation of mail for any addresses other than your own (without the prior consent of the intended recipient); and

   3. any activity contrary to any applicable laws and regulations (including without limitation the Computer Misuse Act 1990).

2. That you shall be wholly responsible for notifying all of your agents, contractors, employees, and other approved third parties who use and/or have access to the Talkwalker branded TVEyes service of the User Rules and shall ensure that no unauthorized third parties have any access to passwords;

3. That TVEyes reserves the right at any time to amend the User Rules;

4. That Customer may include TVEyes data in coverage reports, etc., including URL instalinks, for non-commercial use purposes;

5. That any breach to any of the foregoing rules may cause Talkwalker and/or any of its affiliates to terminate the relevant Order Form for breach and ask for potential damages, if any;

6. That TVEyes content is restricted in certain geographies.

9. Vkontakte

When using Talkwalker Services to access Vkontakte content, you shall comply with the following VK Terms of Service: https://vk.com/terms, and in case you create any content, you expressly agree to abide by VK.com Privacy Policy located at: https://vk.com/privacy

10. Youtube

When using Talkwalker Services to access Youtube content, you shall comply with the following:

Terms of Service:

https://www.youtube.com/static?template=terms&gl=IE

Privacy Policy:

https://www.google.co.uk/intl/en-GB/policies/privacy/

In particular, you are strictly prohibited to use the Service if you are not of legal age to form a binding contract with YouTube, or if you are a person who is either barred or otherwise legally prohibited from receiving or using the YouTube Service under the laws of the country in which you are resident or from which you access or use the YouTube Service. 

11. Weibo 

Weibo content shall not be used for certain purposes, including but not limited to: (i) disclosure for public-relation purposes; (ii) analyzing political and/or government actions; (iii) supporting public opinion monitoring or any related service; (iv) serving noncommercial product or market analytics; (v) serving any product that may influence Weibo’s and its product’s reputation; (vi) collecting sensitive information (including but not limited to ethics, crimes, health, mental health, minors, and other sensitive user information), data that is detrimental to homeland  security or the interests of the People's Republic of China, and/or any  information that is illegal such as reactionary, defamatory, or related to gambling, pornography, or opposing political decisions, and any other data which would infringe legitimate rights and interest of any person, including but not limited to intellectual property, reputation rights, trade secrets, etc.. Weibo users should not be harassed by you. 

Additional information can be found in the Weibo Terms and Conditions.

12. Trustpilot: 

Unless otherwise permitted by an Order Form, you may view and analyze Trustpilot Content for internal purposes only, to the exclusion of any public display. You must not use Trustpilot Content in a way that is libelous or defamatory of third parties, or is obscene, malicious or discriminatory in any way. When using the Talkwalker Services to access Trustpilot Content, you are subject to the Trustpilot Terms of Use, available at: https://legal.trustpilot.com/for-businesses/terms-of-use-and-sale-for-businesses .

13. Quora:

Your use of Quora Materials shall be strictly limited to internal use without any rights to sublicense further. In addition, the use of “Quora Materials” and Derived Works from “Quora Materials” is restricted to (i) non-public display (except for Talkwalker Command Center), (ii) internal purposes for the generation of data analytics for business intelligence, media monitoring, and other analytics-based value-added services related to social media data for Company’s authorized customers, and (iii) enterprise API. You shall not make Quora Materials programmatically available to any third party via APIs or other means.

You shall not use the Quora Materials for any of the following: (i) to investigate, track, or surveil Quora’s users or and of such user’s content, or obtain any information regarding Quora’s users or such user’s content in any manner that would require a court order, subpoena, or other judicial or governmental directive; (ii) to use for any unlawful, illegal, discriminatory, or unauthorized improper purpose, which is any purpose not explicitly authorized herein; (iii) to derive or obtain non-public information of individual Quora users, including without limitation, a user’s location; (iv) to display, distribute, or otherwise make available any information or data which would be inconsistent with Quora user’s reasonable expectation of privacy; (v) to segment, target, or profile any individual user based on health, negative financial status or condition, political affiliation or beliefs, sex life or sexual orientation, racial or ethnic origin, religious or philosophical affiliation or beliefs, trade union membership, data relating to any alleged or actual commission of a crime, or any sensitive categories of personal information prohibited by law; and (vi) to extract Quora users’ details from the Quora Materials and intentionally target Quora users with advertising outside of Quora’s platform, including without limitation on other advertising networks, via data brokers, or through any other advertising or monetization services; (vii) any publication and/or any analysis thereof without prior written consent;

(viii) to access or analyze Quora data for the monitoring or measurement of aggregate availability, performance, functionality, usage statistics or results for any comparison benchmarking, site to site competitive purposes or any form of public announcement which includes, without limitation, the monitoring or measuring of Quora responsiveness or user metrics such as total number of active users, accounts, views, user engagements or account engagements.

14. Review Trackers: 

When you access and use Review Trackers’s Content, you must comply with Review Trackers’s policies and procedures applicable to the Services, including the Terms and Conditions located at https://www.reviewtrackers.com/terms-service , and all applicable laws.

15. CEDRO

Press articles provided in the CEDRO data base is for internal business use only. You shall not commercially exploit the articles contained in the CEDRO database, independently or as a newspaper library e.g. through renting, reselling etc. The use of articles (reproduction, distribution and public communication, including making them

available) of which the editor has made an express reservation of rights or has decided to remove them from his publications is prohibited. The following actions in the CEDRO repository are prohibited: use of the articles without maintaining the typographical and presentation characteristics, page by page; total or partial elimination or modification of the content or form of the articles or of the reservations of rights, if applicable; use of the articles with uses or destinations other than the preparation, distribution or public communication, including the making available of press reviews; use of articles or press summary without showing respect of the author’s moral rights; reproduction of articles from illegitimate or unauthorised sources.

16. Blue Silk GPT

Company’s use of Blue Silk GPT is subject to the terms and conditions available at: https://www.talkwalker.com/blue-silk-gpt-terms.