(Effective as of January 7, 2020)
A. PURPOSE AND ENFORCEABILITY OF THIS DOCUMENT
This document specifies the limitations (hereinafter “Content Limitations”) on the use of content from third-party social-media websites (including Twitter, Facebook, etc.) or any online-media (including blogs, message boards, news, review sites, and any other sources) (“Third Party Platforms”) 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, “Client” 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.
You agree these Content Limitations may be updated by Talkwalker from time-to-time, with or without notification, to the sole extent these updates are:
- Based on the changes of Third-Party Platform’s and content provider’s terms; or
- Due to changes in any national or international copyright laws, and/or data privacy laws, and/or regulatory environments and/or interpretation thereof by way of court orders, legal literature, or administrative recommendations or opinions.
B. GENERAL CONTENT LIMITATIONS
1. Data and content availability: Talkwalker undertakes to use commercially reasonable efforts to make all data available to its customers at the time of subscription. Nevertheless, you acknowledge and agree that, as Talkwalker is dependent upon (i) Third-Party Platforms and content providers, and upon (ii) international legislation (including but not limited to intellectual property, copyright, or personal data protection), it cannot represent and warrant that such access to data (or to specific parts of the data) can be guaranteed over the entire course of the Agreement.
In the event data access is reduced or is no longer available for any of the above-mentioned reasons (i.e. for reasons beyond the control of Talkwalker) the Services will be made accessible “as is” without giving right for any damages.
Should a significant data volume be no longer available through the Talkwalker Platform, you and Talkwalker shall discuss with the aim of finding a workaround solution. If such meeting fails to provide a solution, either Party will then have the right to terminate the Agreement without further recourse to the courts. In this scenario, any fees paid upfront by you shall be refunded prorata temporis for the Services that will not be received as final compensation.
2. Historical content: Talkwalker cannot guarantee that historical data will be available at all times. If a Third-Party Platform requires Talkwalker to erase all or part of the historical data, Talkwalker shall comply with such a request. Further, once the Agreement or an Order Form expires or terminates, Talkwalker shall have no obligation to retain any historical content and shall be fully entitled to erase such content.
3. Fair usage: You acknowledge the Services are provided on a “fair usage” basis, i.e. a reasonable use exclusive of any abuse. For illustrative purposes, it would be an abuse of the Services to conduct a Query based on unlimited data or unnecessarily searching for a broad term and leaving it to accumulate a significant amount of results over time. A typical example would be to conduct a search on all sports clubs without using any additional filters such as "country" or otherwise. Such practices would put an unusual load on Talkwalker’s servers and infrastructure and could typically affect the availability of the Talkwalker Services without justification. If Talkwalker notices such unfair usage of the Services, it may either reduce access to results or temporarily suspend your account due to improper use. If such practices continue, this would be a material breach by you under the Agreement and may lead to termination of the Agreement by Talkwalker.
4. Unlimited use: “Unlimited Use,” as indicated on an Order Form means the unlimited use of the Talkwalker Platform subject to Third-Party Platforms’ and content providers’ continuous availability, completeness, and accuracy, which you understand and agree are out of Talkwalker’s control, or subject to the fair usage conditions defined herein.
5. No republishing: Analytic extracts of Talkwalker reports, such as charts, graphs, etc., may be freely displayed (even publicly) by you so long as content directly received from Third-Party Platforms does not appear on those extracts in such display. For clarification purposes, content from Third-Party Platforms must not be publicly displayed. If you wish to embed Tweets or other Third-Party Platforms’ content directly on your website, you must comply with any applicable law and the specific conditions as specified by that relevant Third-Party Platform or as stated in the agreement between Twitter or such relevant Third-Party Platforms and you, if any.
6. No surveillance of data subjects:
You shall not, and shall not allow or assist any person, entity, or government to use the Services to (i) target, segment, or profile any individual based on health, financial status, political, religious, or philosophical beliefs, membership in any group or organization, national, racial, or ethnic origin, sex life or sexual orientation, any alleged or actual commission of a crime, or any other sensitive or unlawful categories of personal information; (ii) conduct research or analysis that isolates a small group of individuals or any single individual for disciplinary, discriminatory, or unlawful purposes; (iii) conduct surveillance, crime detection, or investigations of any individual, group, organization, or event to gather intelligence for purposes of protecting or enforcing private rights, policing, law enforcement, intelligence activities, espionage, or similar; (iv) without our prior consent, display, distribute, or otherwise make available information obtained via the Services to any member of the intelligence community, law enforcement, or any other government or public sector entity; or (v) display, distribute, or otherwise make available information obtained via the Services to any person or entity you have or should have reason to believe will use such data to infringe on any right of any third party under applicable law, beyond the reasonable expectations of privacy of data subjects, international treaties, the Universal Declaration of Human Rights, and applicable data protection laws and regulations including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) or its applicable equivalent, Singapore’s Personal Data Protection Act (“PDPA”), and the California Consumer Privacy Act (“CCPA”).
You remain subject to Talkwalker’s on-going compliance review, specifically in regard to the use made by your authorized users of the Services for the purposes of (a) the performance of the Services including support, maintenance, and account management services; (b) the compliance with the fair usage conditions as defined herein ; (c) the compliance with applicable Third-Party Platforms conditions; and (d) compliance with applicable law and/or regulations, including but not limited to the GDPR, PDPA, CCPA, and other data protection regulation (collectively, “Compliance Conditions”). If Talkwalker reasonably determines the provision of such data would be offensive, discriminatory, violate agreements with third parties, infringe on intellectual property or other proprietary rights of third parties, or violate applicable law and/or regulations, it may exclude certain data from search results or otherwise make it inaccessible to you, together with Talkwalker’s right to suspend or terminate immediately the Service and the Agreement. You acknowledge also that certain Third-Party Platforms may require Talkwalker to share identity and usage information about entities receiving the content that is provided by such Third-Party Platforms. You understand and agree that Talkwalker, in good faith, would comply with such requirements from Third Party Platforms to the extent they pertain to compliance review. At any time, and at its own discretion or the direction of the relevant Third-Party Platform, Talkwalker may determine that Client's use of the Services does not meet the requisite Compliance Conditions, preventing Talkwalker from granting further access to online and/or social media data.
C. ADDITIONAL LIMITATIONS
You acknowledge and agree that the Services are rendered subject to Third-Party Platforms’ terms and conditions and you expressly agree you shall comply at all times with any terms and conditions governing use of such Third-Party Platforms. In addition, specific Third-Party Platforms have additional restrictions as imposed by the content owner for the following content provider, including, but not limited to:
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/.
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..
When using Talkwalker Services to access Instagram content, you shall comply with the following:
4. 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/)
When using Talkwalker Services to access LinkedIn content, you shall comply with the following:
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:
any public-sector entity (or any entities providing Services to such entities) for surveillance purposes, including but not limited to:
- investigating or tracking Twitter's users or their Content; and/or,
- tracking, alerting, or any other monitoring of sensitive events (including but not limited to protests, rallies, or community organizing meetings);
- any public-sector entity (or any entities providing Services to such entities) whose primary function or mission includes conducting surveillance or gathering intelligence;
- 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;
- 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;
- 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.
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.
When using TVEyes service through the Talkwalker Platform, you expressly acknowledge and agree to the following set of User Rules:
- 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:
- the collection/distribution of any material which infringes on the Intellectual Property Rights of any third party; and
- 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
- any activity contrary to any applicable laws and regulations (including without limitation the Computer Misuse Act 1990).
- 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;
- That the Talkwalker branded TVEyes service has no control over the broadcast content placed on the user website;
- That TVEyes reserves the right at any time to amend the User Rules;
- That TVEyes content cannot be made publicly available and that –any usage of the TVEyes Data Feed will only be shown to authenticated users behind a log-in;
- 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;
- That TVEyes content is restricted in certain geographies, notably in Germany.
When using Talkwalker Services to access Youtube content, you shall comply with the following:
Terms of Service:
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.
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.