Business Wire Terms and Conditions
Last Modified: May 14, 2018
TrendKite Terms for Business Wire Customers
Welcome to TrendKite! We provide analytics on press releases for Business Wire customers as part of a business arrangement with Business Wire. We call these the “TrendKite reports.” Below are a few terms for the TrendKite reports. These terms are supplemental to your agreement with Business Wire. We may amend these terms at any time without notice; the latest version will always be posted here. If you don’t want to agree to these terms, please don’t access your TrendKite reports.
- Do’s of TrendKite Reports. We’re pretty easygoing around here – we only have three “do’s” for using the TrendKite reports:
- Do use the TrendKite reports only for your internal business purposes.
- Do let only your authorized users access your TrendKite reports.
- Do use reasonable efforts to keep unauthorized third parties from accessing the TrendKite reports or systems and let us know as soon as possible after you learn of any unauthorized access.
- Don’ts of TrendKite Reports. Don’t use reports except as authorized by these terms. Don’t share your account credentials. Don’t, and don’t let anyone else, (i) interfere with the performance of TrendKite’s systems, (ii) make the TrendKite reports available to anyone outside your company (sharing with your PR agency is OK), (iii) change or make derivative works of the TrendKite reports or systems (it’s OK to make copies to share internally); or (iv) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code, object code or underlying structure or algorithms of the TrendKite reports. Sorry about that last one – our lawyers said we had to say that.
- Support and Customer Service. If you have any questions about your TrendKite reports, please reach out to Business Wire. They will escalate any issues to us.
- Data Privacy & Security. TrendKite takes your privacy seriously. We treat TrendKite reports the same way we treat confidential information shared with us by TrendKite customers. You can find our confidential information provisions by following this link, https://www.trendkite.com/terms, and scrolling down to Section 5. If you have any questions about confidential data protection, please reach out to email@example.com.
- Data Ownership. You own all rights in and to the data you submit to Business Wire and TrendKite. Except for the rights granted to you in these terms, Business Wire, TrendKite and our respective licensors own and reserve all intellectual property rights in the Business Wire and TrendKite services, including the data that make up the TrendKite reports. By using our services, you grant us the right to analyze your information in conjunction with other customers’ information to develop benchmarks and other measures that we may use in our products and services (we call this “Blind Data”). Before we do so, we’ll anonymize your data to make sure that no one can tie Blind Data back to you in any way. If you make any suggestions or recommendations about our services, we may use your feedback in our products and services. You agree that we own any Blind Data or feedback without any payment to you.
- Warranties and Limitations of Liability. The TrendKite reports are provided “as is.” We can’t make any guarantees that TrendKite reports or the TrendKite service will meet all of your requirements or operate uninterrupted or error free, nor can we guarantee that we’ll correct all defects in the service. Except as expressly provided herein, TrendKite doesn’t make any warranties of any kind, whether express, implied, statutory or otherwise, and we specifically disclaim all implied warranties, including but not limited to any warranties of merchantability, non-infringement or fitness for a particular purpose, to the maximum extent permitted by applicable law. In no event will TrendKite’s aggregate liability arising out of or related to this agreement, whether in contract, tort or under any other theory of liability, exceed USD $50. TrendKite is not responsible for any lost profits or revenues or for any consequential, incidental, indirect, special, cover or punitive damages, however caused, whether in contract, tort or under any other theory of liability, and whether we have been advised of the possibility of such damages. The foregoing will not apply to the extent prohibited by applicable law.
7. Everything Else. The laws of the State of Texas, excluding choice of law principles, govern this Agreement. We’ll send any notices to your email address on file with Business Wire. Please send us notices at firstname.lastname@example.org. We are not responsible in the case of any delay or failure to perform that is caused by any events outside our reasonable control, though we will use reasonable efforts to mitigate the effects on you. You may not assign your rights under these terms without our consent, unless you are assigning your rights to one of your affiliates or in the event of a change in control (like a merger or acquisition). We are independent contractors, and these terms don’t create any relationship between us other than what we’ve outlined above. If any provision of these terms is held invalid, we’ll modify the terms as needed to make them enforceable. These terms, in conjunction with your Business Wire agreement, are the entire agreement between us, and govern the provision of the TrendKite reports to you. No other terms or conditions, however communicated to or by you, will be valid.