Effective Date: May 23, 2019
1. User Agreement
2. Rules of Usage
2.1 Allowable Uses of the Platform
2.2 Allowable Uses of Platform Outputs and Attribution
“Platform Outputs” include aggregated data and/or analyses produced by the Platform (e.g. “number of media mentions in 2019,” “related words in media mentions”) and images generated by the Platform (e.g. charts, “word clouds”). You may use, reproduce, distribute, and/or display any Platform Outputs, including directly copying them.
We highly recommend, but do not require, that you attribute Media Cloud when using, reproducing, distributing, and/or displaying any Platform Outputs. We also highly recommend that you attribute Highsoft, the owner of the Highcharts software that we license to generate some of our Platform Outputs. For examples and best practices regarding attribution, see our Attribution webpage.
If you choose to attribute to Media Cloud, you may link to the Media Cloud Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express and written content.
2.3 Rights to Third-Party Content
2.4 Limitations on Use
· You may not use the Platform to infringe on or violate the intellectual property rights, privacy rights, publicity rights or any other rights of any person or entity.
· You may not use an unreasonable amount of bandwidth or exceed any API request limit.
· You may not make multiple accounts in order to circumvent the API request limit.
· You may not post material to the Platform that advertises or sells a product or service or functions as spam.
· You may not impede or interfere with others’ use of the Platform, intentionally disrupt, attack, modify, or interfere with the proper working of the Platform in any way, or attempt to gain unauthorized access to Media Cloud’s servers by any means.
· You may not use the Platform in connection with spyware, malware, or other malicious programs or code.
· You may not sell, lease or sublicense the Media Cloud Platform, any Media Cloud API key, or access thereto.
2.5 Access to the Platform and Website
When possible, Media Cloud will try to notify you of any expected restriction of access to or functionality of the Platform and Website. However, we reserve the right to amend or take down the Platform and Website and any service or material we provide on the Platform and Website in our sole discretion with or without notice. From time to time, we may restrict access to all or some parts of the Platform to users, including registered users. Media Cloud will not be liable if all or any part of the Platform or Website is unavailable at any time or for any period.
2.6 Deletion of User Content and Account
3. Media Cloud’s Intellectual Property
4. Ownership of User Content; Responsibility for User Content and Blog Posts
Media Cloud does not own or seek to own, use, or license any content that you may post or create through the Platform or any Platform Outputs.
All statements and/or opinions expressed in the Media Cloud Blog Posts that are signed by individual authors are solely the opinions and the responsibility of the author(s) providing those materials. These materials do not necessarily reflect the opinion of Media Cloud.
5. Disclaimers of Warranty
5.1 Information Gathered by Media Cloud
YOU ARE USING THE INFORMATION GATHERED, ANALYZED, LINKED TO, OR AGGREGATED BY MEDIA CLOUD AT YOUR OWN RISK. THE AVAILABILITY AND CONTENT OF ANY INFORMATION ON THE PLATFORM MAY CHANGE AT ANY TIME WITHOUT NOTICE.
The Platform gathers, analyzes and links to information aggregated from thousands of third-party sources. The automated collection process and the nature and breadth of the information limit our ability to independently verify any of the information. Media Cloud does not warrant the comprehensiveness, completeness, accuracy, or adequacy of the information for any purpose. We disclaim all warranties, express or implied, and shall not be responsible for any loss or damage that may directly or indirectly arise as the result of the use of the information contained in the service.
5.2 General Disclaimer of Warranty
YOU ARE USING THE PLATFORM, WEBSITE, AND EXTERNAL LINKS TO THIRD-PARTY WEBSITES AT YOUR OWN RISK. The Platform, Website, and external links are provided "as is," and Media Cloud and its affiliates disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Platform, Website, and external links. Media Cloud and its affiliates do not represent or warrant that access to the Platform, Website, and external links will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through the Platform, Website, or external links.
You agree to indemnify Media Cloud and its affiliates and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys' fees) arising out of or related to your breach of this Agreement or your use of the Platform.
7. Limitation of Liability
Media Cloud and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages of any kind arising out of use or inability to use the Platform or Website, unauthorized access to your data, statements or conduct of any third party on the Platform or Website, or any other matter related to the Platform or Website, whether based on warranty, copyright, contract, tort, product liability, or any other legal theory.
8. Choice of Law and Venue
9. Entire Agreement
This Agreement constitutes the entire agreement between you and Media Cloud and supersedes all previous agreements relating to the use of the Platform and Website.