Brand24.com Terms of Service
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO THE USER IN THE EVENT OF A DISPUTE.
- Definitions used in these Terms of service:
- Operator – Brand24 Global Inc. 121 Executive Circle Daytona Beach, FL 32114 USA.
- Website – the Brand24.com Internet portal operating under the internet address https://brand24.com, operated by the Operator, under the conditions set forth in these Terms of service.
- User – a natural person (over 18 years old), a legal person, an organisational unit without legal personality, to which the law grants the ability to acquire rights and incur obligations, who uses the Services under the conditions specified in these Terms of service.
- Login – an individual and unique e-mail address, which is a unique identifier of the User on the Website.
- Password – a sequence of characters specified by the User and assigned to the User. The password is required in order for the User to log into the Website.
- Account – a space within the Website with individual settings of the User, thanks to which the User can use the services of the Website.
- Trial Period – the period specified by the Operator on the website https://brand24.com/prices/, during which the operation of the Account is made available to the User free of charge.
- Subscription Period – the period of operation of the Account for which the Subscription Fee is paid.
- Subscription Fee – the total monthly fee for an Account in the amount set out in the Subscription Plan.
- Subscription Plan – the variant of the Account operation selected from the plans available at https://brand24.com/prices.
- Upgrade of Account Parameters – increase of selected Account parameters to a higher Subscription Plan made at the request of the User.
- Reduction of Account Parameters – reduction of the selected parameters of the Account to a lower Subscription Plan made at the request of the User.
- Price List – the price list of the Services available at https://brand24.com/prices/.
- Registration – a one-time action consisting of creating an Account by the User, performed with the use of a registration form provided by the Operator on one of the pages of the Website.
- Report – a compilation of data collected on the Website according to parameters specified by the User or the Website, created as part of the operation of the Website.
- Services (Service) – services related to monitoring of the Internet and social media, provided on the Website by the Operator under conditions set forth in these Terms of service.
- Keyword – a phrase defined by the User, monitored on the Internet by the Website at the request of the User.
- Account Settings Panel – a subpage of the Website located at https://app.brand24.com/account, where the User may edit the Account settings.
- Agreement – an agreement for the provision of services by electronic means concluded between the User and the Operator, with content corresponding to the content of the Terms of service, which is binding for the User and all persons who have been granted access to the Account by the User.
- Terms – these Terms of service.
II. GENERAL PROVISIONS
- Terms set out the rules for the use of the Brand24.com Internet portal, the Website and the Services offered by the Operator, as well as the rights and obligations of the Operator and the User.
- The Operator is the owner of the Website and provides the Services specified in the Terms.
- With the use of the Website and on the terms specified in the Terms, the Operator provides a Service supporting the marketing of the User’s products, services or person and the care of the User’s corporate or personal brand, in particular by:
- Monitoring of brand mentions, product, topic on the Internet;
- Creating reports, summaries, analyses based on the results of the monitoring;
- Notification of new web monitoring results;
- Archiving of monitoring results.
- Access to the Account and the Services offered by the Website is available only to Users who have registered the Account in the manner specified in the Terms or to other persons to whom access to the Account has been assigned by the User. The User shall be liable for the acts and omissions of persons to whom he has assigned access to the Account as for his own acts.
- In order to use the Website and the Services provided by the Operator, the User shall be required to read the Terms and agree to the conditions set forth in the Terms.
- The Operator reserves the right to restrict access to selected Services offered through the Website to Users who fail to comply with the conditions specified by the Operator in the Terms. Information on inability to use the Website shall be posted each time on the Website or in direct communication with the User, including via the Website.
- The Operator shall have the right to entrust the day-to-day operation of the Website to a third party, to which the User hereby agrees by accepting the content of the Terms.
- The Website is accessible via the Internet. The Operator shall make every effort to ensure that data transmission over the Internet as part of the use of the Services is secure, i.e. that the transmitted information is confidential and complete.
- The Operator shall not be liable for technical problems or limitations in the computer equipment and tools (e.g. inadequate versions of Internet browsers) used by the User, which prevent the User from using the Website and the Services offered through it.
III. REGISTRATION OF AN ACCOUNT WITHIN THE SERVICE
- The Operator informs that access to the Services is possible after registration of the Account on the Website, and thereby leaving the User’s personal data on the Website, in the manner described in this chapter of the Terms, as well as after fulfilment of other conditions specified in the Terms, including payment of the Subscription Plan selected by the User.
- Registration of a User within the Website, and thereby creation of an Account, takes place through completion of a registration form provided on one of the sites of the Website, after filling in the appropriate sections of the form.
- Completion of the registration form requires the User to provide at least the following data:
- The User’s e-mail address;
- The User’s access password (Password);
- The Operator reserves the right to extend the registration form with additional fields.
- After activation of an Account, the User may use the Account free of charge for a certain Trial Period. After the expiry of this period, in order to continue using the Account, the User must pay for the Subscription Plan he or she has chosen. An individual Subscription Plan may be agreed upon the User’s request.
- After the expiry of the Trial Period, the User is entitled to use the Subscription Period. For this purpose, the User is obliged to select a Subscription Plan for his/her Account and complete registration and additionally provide:
- in the case of a natural person, first and last names, residential address;
- in the case of a legal person or an organisational unit without legal personality- the company name; Tax Identification Number; the address of the registered office.
- If the User decides to use the Subscription Period, the Operator shall, within 3 working days from the date of selecting the Subscription Plan and receiving the data referred to in Subparagraph 5 above, make available to the User in the User Panel a PROFORMA VAT invoice for the Services provided. From the moment of recording the payment by the Operator, the Operator shall make the VAT invoice available in the User Panel within 3 working days.
- The User shall be obliged to pay the Subscription Fee by the date specified in the PROFORMA VAT invoice provided to the User. The day of payment shall be deemed the day of crediting the Operator’s bank account. Should the User fail to meet this deadline, the Operator shall be entitled to:
- within 7 days from the date of ineffective lapse of the payment deadline, to block the User’s access to the Account,
- within 14 days from the date of the ineffective lapse of the payment deadline, to cease monitoring the information on the Keywords defined by the User,
- within 92 days from the date of the ineffective lapse of the payment deadline, to delete the User’s Account and all information stored in it.
- Payment of the Subscription Fee within the period specified in the PROFORMA VAT invoice delivered to the User shall cause a new Subscription Period to commence.
- The Agreement shall terminate at the end of the Subscription Period, subject to the content of paragraph 7 above. Where the User submits a declaration of termination of the Agreement before the end of the Subscription Period, the User may use the Account and the Services until the end of the paid Subscription Period. The User has the right to terminate the Agreement concluded for a definite period of time with one month’s notice. Failure by the User to terminate an Agreement concluded for a definite period of time at least 30 days before its termination shall result in its automatic transformation into an Agreement for an indefinite period of time with the obligation to pay the Subscription Fees for the subsequent Subscription Periods in advance. In the event of failure to make any payment to the Operator on time or termination of the cooperation between the Operator and the User, the Operator shall have the rights described in paragraph 7 above.
- When registering, the User is obliged to provide data that is truthful, accurate and up-to-date, not misleading and does not infringe the rights of third parties. Furthermore, the User is responsible for maintaining the confidentiality of his/her password.
- Termination by the User of an Agreement concluded for a definite period of time on promotional terms before the end of the period for which it was concluded, entitles the Operator to charge the User with a proportionally reduced amount of the discounts granted.
- The User shall be solely responsible for the content of the data provided by him. The Operator informs that any content sent or any orders placed by third parties identifying themselves with the User’s Login and Password shall be attributed to the User.
- The User may access the User Account and use the Services provided by the Operator via the Website only after logging in to the Website with a valid User Login and Password.
- The Operator reserves the right to block the User’s access to the Services if:
- during the Trial Period, the Operator becomes reasonably doubtful that the User has activated the Account once again, having previously deleted his Account due to the expiry of the Trial Period;
- the User has provided data that is untrue, inaccurate, outdated, misleading or infringes the rights of third parties;
- the User is under 18 years old.
IV. RULES OF USING THE WEBSITE
- The Operator reserves the right to modify the technical manner of providing the Services, in accordance with the scope and conditions arising from its authority, and according to its technical capabilities.
- In order to ensure the security of communications and in connection with the Services provided, the Operator shall take technical and organisational measures appropriate to the degree of security risk of the Services provided.
- The User shall in particular be obliged:
- to use the Service in a manner that does not interfere with its functioning, in particular through the use of bots or other software (e.g. used for attacking against the Website, mining and scraping data from the Website, used for spamming), IT tools or devices;
- not to engage in activities such as: sending unsolicited commercial information or other information not requested by the User (spam) via the Website or posting on the Website, undertaking IT or any other activity aimed at gaining possession of information not intended for the User;
- to use the Website in a manner compliant with the applicable laws and the provisions of the Terms;
- not to provide or place on the Website any content prohibited by the law in force;
- to use the Website in a manner that is not inconvenient for other Users and the Operator, with respect for their personal rights (including the right to privacy) and all other their rights.
- to use any content posted on the Website only for his/her own internal or personal use. Use of the content in any other scope is permitted only on the basis of written consent granted by the Operator. In the event of quoting or publishing data obtained in connection with the provision of the Service by the Operator, the User shall each time be obliged to state the source of the obtained data in the suggested form: “*Source: brand24.com” and the date of their acquisition.
- The User is entitled to change each Keyword a maximum of 5 times during each Subscription Period.
- The Operator shall not be liable in any manner whatsoever for any infringement of the rights of third parties or any damage caused to third parties as a result of and in connection with the activities performed by the User using the data collected by the User in relation to the provided Services.
- The Operator shall not be held liable in any way for the content obtained in the course of providing the Service to the User and any damage caused by it.
- The User shall be obliged to notify the Operator immediately of any infringement of the User’s rights in his use of the Website, as well as of any infringement of the rules set forth in these Terms.
- The Operator may deprive the User of the right to use the Website, as well as restrict the User’s access to some or all of the resources of the Website or the Services offered by the Operator, with immediate effect, with or without notice, in the event of a reasonable suspicion that the User’s actions constitute a violation of any provisions of the law in force, the Terms, the rights of third parties, or are inconsistent with the general principles of Internet usage, the objectives of the establishment of the Website, or are detrimental to the good name of the Operator.
- In the case referred to in paragraph 7, the User shall not be entitled to a refund of any Subscription Fees paid or payable.
- A person who has been deprived of the right to use the Website may not register again without the prior consent of the Operator.
- The User may, at any time during the availability of the Website, request the deletion of an Account, in which case all information posted on the Website which is connected to the User’s Account shall also be deleted. By deleting the Account, the User waives any further use of any Services paid for on the Website.
- The rights granted to the User in these Terms are subject to the following restrictions: (a) the User shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) the User shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) the User shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
- If the User provides the Operator with any feedback or suggestions regarding the Website (“Feedback”), the User hereby assigns to the Operator all rights in such Feedback and agree that the Operator shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Operator will treat any Feedback the User provides to the Operator as non-confidential and non-proprietary. The User agrees that he/she will not submit to the Operator any information or ideas that the User considers to be confidential or proprietary.
- The Operator reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to the User. The User agrees that the User will not be liable to the User or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
- The User agrees to indemnify and hold the Operator (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) User’s use of the Service, (b) User’s violation of the Terms, (c) User’s violation of applicable laws or regulations or (d) content provided by the User. The Operator reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify the Operator, and the User agrees to cooperate with Operator’s defense of these claims. The User agrees not to settle any matter without the prior written consent of the Operator. The Operator will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
- The User hereby releases and forever discharges the Operator (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF THE USER IS A CALIFORNIA RESIDENT, HE/SHE HEREBY WAIVEs CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATOR (OR ITS SUPPLIERS) BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS OR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OPERATOR’S LIABILITY TO THE USER FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE LESSER OF THE AMOUNT PAID TO US BY THE USER IN THE PREVIOUS 12 MONTH PERIOD OR FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE USER AGREES THAT OPERATOR’S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL USERS.
- The User acknowledges that the content made available to him/her on the Website, in particular any information, data, text, graphics, logos, video and music material, is intended exclusively for the User’s use and that he/she may only use it in accordance with the purpose specified in the Terms.
- The User acknowledges that the content on the Website:
- may contain material copyrighted by third parties, in particular mentions, posts and comments posted on social media;
- due to third party copyrights or other intellectual property rights, may be made available to the User in a fragmented manner and in a form taking into account the rules of third party data providers or the applicable law;
- due to the dynamics of information appearing on the Internet, may be current at the time of their posting on the Website;
- due to the immeasurability and incalculability of certain phenomena occurring on the Internet and their modality (volatility), may contain approximate or estimated data.
- Excluding any content provided by the User, all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Service and its content are owned by the Operator or Operator’s suppliers. Nothing herein shall be interpreted as restricting Operator’s rights to use User content in connection with the Service or to aggregate any User content with other data for use by the Operator. As between the User and the Operator all rights in and to the aggregated data belong to the Operator. Neither Terms (nor User’s access to the Service) transfers to the User or any third party any rights, title or interest in or to such intellectual property rights. The Operator and its suppliers reserve all rights not granted in the Terms. There are no implied licenses granted under the Terms.
- The Operator reserves the right to remove content covering the copyrights of third parties from the Website at any time, to block access to such content or to require the User to stop using it immediately.
- The Operator respects the intellectual property of others. In connection with Services, the Operator has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Website who are repeat infringers of intellectual property rights, including copyrights. If the User believes that another user is, through the use of the Website, unlawfully infringing the copyright(s) in a work and wishes to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent: (1) User’s physical or electronic signature; (2) identification of the copyrighted work(s) that the User claims to have been infringed; (3) identification of the material on the Website that the User claims is infringing and that the User requests to remove; (4) sufficient information to permit the Operator to locate such material; (5) User’s address, telephone number, and e-mail address; (6) a statement that the User has a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that the User is either the owner of the copyright that has allegedly been infringed or that the User is authorized to act on behalf of the copyright owner.
Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Operator is: Philip A. Nicolosi
Designated Agent: Brand24 Global, Inc. DMCA Agent
Address of Agent: Phil Nicolosi Law, P.C. 6735 Vistagreen Way, Suite 210 Rockford, IL 61107
- Providing the Service to the User, the Operator does not guarantee to find all occurrences of the monitored Keyword that are present and accessible on the Internet.
- In the case of posting any content on the Website by the User, the User shall be obliged to comply with the relevant provisions of law in force and the terms of services or other rules applicable to other sites or services – when the User downloads information from them. The Operator shall not be liable for any infringement of the User in this respect.
- The Operator is not obligated to backup any content provided by the User and it may be deleted at any time without prior notice. The User is solely responsible for creating and maintaining his/her own backup copies of his/her content if it is needed.
- If the User integrates with external services, he/she provides his/her token and/or other legally held access rights to his/her accounts on external services or sites. The Operator will use these permissions in accordance with the provisions of the applicable law and the privacy rules of the regulations of these services in order to feed the Website with data from these external services. The User authorises the Operator to re-use the content entered on the Website through the User’s authorisations and the relevant related data, including metadata, including: the short title of the publication (post) and other parts of the publication. This data may be further shared with other Users, including in automated and non-automated form.
- The use of the individual Services provided by the Operator as part of the Website is chargeable and independent of the frequency of use of the Website, with the exception of the Trial Period. Notwithstanding the foregoing, the User shall be entitled to a refund of the Fee up to 1 month back if the User does not use the Service.
- Detailed information on the amount of the Subscription Fees and the parameters of the individual Subscription Plans can be found in the Price List located at https://brand24.com/prices/ or directly on the Website (e.g. in the Account Settings Panel).
- Subscription Fees shall be paid in advance for consecutive Subscription Periods, unless a separate cooperation agreement between the Operator and the User provides a different mode of payment.
- The day of the month which will be the start of the Subscription Period shall be determined by the date on which the first payment is credited. The Subscription Period shall end on the date that corresponds to the initial day on which the Subscription Period began and, if there is no such day in the following month, on the last day of the month.
- The Subscription Fee shall consist of:
- The fee for the selected Subscription Plan,
- Fees for Account Parameter Upgrades:
- Fee for additional Keywords.
- Fee for other features as described at https://brand24.com/prices/ or directly on the Service (e.g. in the Account Settings Panel).
- Upgrade of Account Parameters can be done at any time. Upgrade of Account Parameters shall be effective immediately, subject to payment of additional fees in the amount specified in the Price List or the Account Settings Panel and presented to the Account User. The additional fee shall be calculated as the monthly price of the Account Parameter Upgrade reduced proportionally by the number of days that have passed since the start of the current Subscription Period.
- Upgrade of Account Parameter referred to above shall be performed by the Account User in the Account Settings Panel.
- Payment of the Subscription Fee may be made by bank transfer, payment by debit or credit card and online payment system.
- By choosing a credit or debit card as a means of payment of the Subscription Fee, the User simultaneously agrees that the debit/credit card or bank account may be automatically debited for all fees due during the relevant Subscription Period. At the same time, the User agrees to the Operator’s use of third-party intermediaries in the payment process and to share transaction data with them.
- Where a credit or debit card is selected as a means of payment for the Subscription Fee, the fee for each subsequent Subscription Period will be charged automatically, until the User requests to cancel the Service. Such cancellation should be notified to the email address email@example.com up to 7 days before the start of the new Subscription Period.
- In the event of an unsuccessful Subscription Fee payment transaction, the system will attempt to repeat the transaction in a few days. If none of the attempts is successful within 30 days, the credit or debit card will be detached from the system and the User’s access to the Account will be automatically blocked. A return to paying Subscription Fees by credit or debit card will require the card to be reconnected to the payment system.
- The User shall have access to information on how to make a Subscription Fee in the Account Settings Panel.
- The correct payment of the Subscription Fee shall be recorded by the Website within a maximum of 3 working days after the transfer is credited to the Operator’s bank account.
- The User may apply to the Website for Reduction of Account Parameter before the start of the next Subscription Period. Rreduction of Account Parameters shall be effective from the new Subscription Period, provided that the User has paid the fee for the activation of the selected Subscription Plan. The amount of the fee will be presented to the User in the Account Settings Panel.
- Any information about changes to the Price List of Subscription Fees will be announced on https://brand24.com/prices/ and will only be applicable to the User from the next Subscription Period. The User will be able to cancel the Service if he/she does not accept the new fees. Failure to submit a statement of cancellation of the Service within 14 days from the date of receipt of information about the change in the Price List shall constitute acceptance of the changes in the Price List.
- The User is responsible for all applicable taxes, however designated, incurred in connection with his/her use of the Service, including but not limited to state and local privilege, excise, sales, VAT, and use taxes and any taxes or amounts in lieu thereof paid or payable by the Operator, but excluding taxes based upon the net income of the Operator.
VII. TECHNICAL INTERRUPTIONS
- The Operator shall be entitled to temporarily interrupt the operation of the Website and the Services provided by it for technical reasons.
- The Operator shall make every effort to ensure that technical interruptions take place during night hours and last as short as possible.
- In the event of a technical break lasting longer than 24 hours, the User shall have the right to extend the validity of the Subscription Period during which the technical break occurred by as many days as the technical break lasted.
- The Operator shall not be liable to Users for non-performance or improper performance of the Services for reasons attributable to third parties (including telecommunications network operators, social media), caused by force majeure or resulting from the laws of certain countries (e.g. personal sanction lists, concerning the export of services or their availability in certain countries).
- THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE OPERATOR DISCLAIMS ANY WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THE OPERATOR MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO ALL USERS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL USERS.
VIII. ENTRUSTING THE PROCESSING OF PERSONAL DATA – (APPLICABLE TO THE EU CLIENTS ONLY)
- The User, in order to enable the Operator to provide Services to the User, entrusts the Operator with the processing of personal data to the extent and in the manner specified in this paragraph. On this basis, the Operator shall be entitled to process personal data on behalf of the User only for the above purpose and in the manner specified below and in compliance with GDPR rules binding in the European Union. This terms IX.1 to IX.9 apply in relation of the Clients established in the European Union only.
- The entrustment of the processing of personal data includes personal data concerning the User or persons to whom the User has granted access to the Account in the following extent: name, surname, nickname on a social network or online forum, telephone number, e-mail address and information contained in posts made on such portals or forums, which contain Keywords, hereinafter referred to as “Personal Data”.
- The entrustment of the processing of Personal Data shall include the following activities: collection, recording, organising, arranging, storing, adapting, downloading, viewing, using, disclosing by transmission, dissemination or otherwise making available, matching or combining, limiting, deleting or destroying.
- The Operator shall provide sufficient guarantees – in particular through expertise, experience, reliability and resources – for the implementation of technical and organisational measures aimed at processing Personal Data in a manner that complies with the applicable data protection legislation, in particular with regard to the security of Personal Data.
- The Operator shall immediately inform the User of:
- any proceeding or ruling concerning the Personal Data, including in particular its proper security;
- any breach of Personal Data protection or threat of such breach identified by the Operator, together with an information of:
- the nature of the Personal Data breach, including the category and approximate number of data subjects;
- the possible consequences of the Personal Data breach;
- the measures applied or proposed by the Operator to remedy the Personal Data breach, including measures to minimise its possible adverse effects;
- the announcement or commencement by a supervisory authority of an inspection or investigation regarding to Personal Data.
- The Operator shall make available to the User all information necessary to demonstrate compliance with the obligations for lawful processing of Personal Data and shall allow the User or an auditor authorized by the User to conduct audits, including inspections, as well as contribute to them. The User shall submit audit requests to the Operator. Upon receipt by the Operator of a request, the Operator and the User will discuss and agree in advance a reasonable start date, scope and duration and the security and confidentiality conditions applicable to any audit. The Operator may charge a fee (based on the Operator’s reasonable costs) for each audit. The Operator will provide the User with further details of any applicable fees and the basis on which they are calculated, prior to any such audit. The User will be responsible for any fees charged by the auditor appointed by the User to carry out such audit. The Operator may object in writing to an auditor appointed by the User to carry out an audit if the auditor is not, in the Operator’s reasonable opinion, suitably qualified or independent, is associated with a competitor of the Operator or is otherwise manifestly unsuitable. Any such objection by the Operator will require the User to appoint another auditor or conduct the audit itself.
- The User agrees in advance that the Operator may use another processor, hereinafter referred to as a “Sub-processor”, to perform all or selected Personal Data processing activities on behalf of the Operator.
- Personal Data is entrusted to the Operator for the duration of the Services. After their termination, the User may export the Personal Data. Failure to export the Personal Data within 14 days from the date of termination of the Services shall entitle the Operator to delete the Personal Data, subject to Section III.7.c. After the User exports the Personal Data and the Services are terminated, the Operator shall delete the Personal Data.
- Any complaints regarding the provision of Services by the Operator and questions concerning the use of the Website should be sent to the e-mail address firstname.lastname@example.org or to the postal address: Brand24 Global Inc. 121 Executive Circle Daytona Beach, FL 32114 USA with the annotation “Complaint”.
- Complaint should include: name and surname – in the case of a natural person or company – in the case of a legal person or organisational unit without legal personality, User Login, address of residence or registered office, or correspondence address, if different from the address of residence or registered office, and e-mail address provided during Registration, as well as the exact description and reason for the complaint.
- Complaints arising from non-compliance with the Terms shall not be considered by the Operator.
- The Operator shall consider a complaint within 7 working days from the date of its receipt and shall inform the User immediately, by e-mail, on the manner of its consideration. If the data or information provided in the complaint needs to be supplemented, the Operator shall, before considering the complaint, ask the complainant to supplement it. The time for the User to provide additional explanations extends the period of complaint consideration accordingly.
- Consideration of the complaint by the Operator shall be final.
- Any other notifications, comments and questions regarding the functioning of the Website may be sent by e-mail to email@example.com.
- The Operator excludes its liability under warranty with respect to entities (natural persons, legal persons and organisational units without legal personality) conducting business activity.
- The User who is a consumer may use the out-of-court complaint and redress procedures. The rules of access to these procedures are available on the website https://webgate.ec.europa.eu/odr.
XII. DISPUTE RESOLUTION
- This Arbitration Agreement is part of the Agreement and affects User’s rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or services provided by the Operator that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to the User and the Operator, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided under the Terms.
- The User agrees that any dispute, claim or controversy arising hereunder or relating in any way to the Terms and not informally resolved shall be settled by binding arbitration in Orlando, Florida, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Florida, without giving effect to its conflict of laws rules.
- THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between the User and the Operator in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, THE USER AND THE OPERATOR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge
- ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Wake County, North Carolina, for such purpose
- The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. The User agrees not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Operator, or any products utilizing such data, in violation of the United States export laws or regulations.
- If the User is a California resident, he/she may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.Electronic Communications. The communications between the User and the Operator use electronic means, whether the User uses the Service or send the Operator emails, or whether the Operator posts notices on the Service or communicates with the User via email. For contractual purposes, the User (a) consents to receive communications from the Operator in an electronic form; and (b) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that the Operator provides to the User electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect User’s non-waivable rights.
- These Terms constitute the entire agreement between the User and the Operator regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. User’s relationship to the Operator is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and User’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the User without Operator’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Operator may freely assign these Terms and any rights or obligations of the Operator under these Terms, including but not limited to User’s Account or any data stored therein. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright © 2016 Brand24 Global Inc. All rights reserved. Alltrademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. The User is not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
XIII. FINAL PROVISIONS
- The Operator declares that it shall take special care to ensure a high level of security of the Users’ use of the Website. All incidents affecting the security of information transmission, including the suspicion of sharing files containing viruses and other files of a similar nature, should be reported to the Operator at firstname.lastname@example.org.
- The Operator informs, and the User agrees, that any notifications, information or other messages from the Operator related to the provision of the Services maybe sent electronically to the User’s e-mail address indicated in the Registration form or in the Account Settings Panel.
- The Operator reserves the right to transfer part or all of the rights and obligations under these Terms to a third party or to conclude subcontracts in respect thereof, to which the User has consented by binding himself to these Terms. The User may not assign or waive rights and obligations arising from the Terms without the written consent of the Operator.
- Users of the Website may access the Terms free of charge at any time via a link on the Website homepage or by contacting email@example.com.
- The Operator reserves that the Website and the graphic elements of the Operator contained therein, the Operator’s logotypes, navigation solutions, selection and arrangement of the content presented within the Website are the subject of exclusive rights of the Operator.
- Entire Terms – These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms and any rights or obligations of the Company under these Terms, including but not limited to your Account or any data stored therein. The terms and conditions set forth in these Terms shall be binding upon assignees.
- The Operator shall have the right to amend the Terms at any time. The User is bound by the new content of the Terms if he or she does not terminate the Agreement within 14 days from the date of receipt of information about the change in the regulations. If the User does not agree to the new content of the Terms, by filing a notice of termination of the Agreement, the Agreement shall be terminated as of the last fully paid Subscription Period.