Welcome to Dialogfeed.com (the “Site”), a website operated by Dialog Solutions. (“Dialogfeed”, “we”, “us”, or “our”). We operate the Dialogfeed sharing platform, which makes sharing content on the web easy (the “Dialogfeed Platform“). If you are reading this agreement, you are probably familiar with our Widgets (collectively, the “Dialogfeed Widgets“) that allow visitors of participating websites to display social content on their Website or any other screen. This Site provides resources and information about the Dialogfeed Platform and a number of related services (collectively, including the Site and the Dialogfeed Platform, the “Services“).
The Dialogfeed Platform provides online sharing services that make sharing Content easy.
When we refer to Content we mean web pages, text, videos, images, audio clips, photos, graphics, advertisements, sponsorships and/or other types of content or data.
The Dialogfeed Platform is designed to maximize distribution of Publisher Content, drive traffic back to the Publisher Site, and provide you insight into End Users who share your Publisher Content.
2. PUBLISHER ACCOUNTS.
If you are a Publisher and want to receive reports or other customized Services that are related to your Publisher Site(s), we may require that you create an Account.
You can create an Account by following the registration instructions provided on the Site. If you choose to create an Account, you agree to provide only true, current, accurate, and complete registration information, and you will keep that information true, accurate, and up-to-date.
Each registration is for your personal use, or for the use by the company or organization on whose behalf you access the Site and use the Service.
You are responsible for all activities occurring under Your Account and you may not authorize anyone else’s use.
You must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data.
You may not use your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. 3
By opening an Account, you authorize us to do press releases and public announcements about the use of our widgets by your brand or company without any applicable written consent.
Publishers are responsible for any Content on the Publisher Site and End Users are responsible for any Content submitted by the End User (e.g., comments on any interactive forum or in any cover email associated with a share).
You agree that any Content for which you are responsible will not:
• • Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others
• • Violate the privacy, publicity, or other rights of third parties
• • Be false or inaccurate or become false or inaccurate at any time
• • Be discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion
• • Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others
• • Misrepresent the source of the Content
• • Contain any virus, Trojan horse, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• • Advocate or encourage any illegal activity; or
4. GENERAL RULES OF CONDUCT.
It is our goal to make the use of our Site and Services a good experience for all of our Publishers and Users.
With this in mind, we have formulated these rules of conduct. You agree not to, nor allow anyone accessing your Account or the Site or Services to:
1. Conduct or promote any illegal activities while using the Site or Services;
2. Upload, distribute, post, transmit or otherwise make available, including through the Dialogfeed Platform, any Content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
3. Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the Dialogfeed Platform (including the tools, methods, processes, and infrastructure) or other code or software that enables or underlies the Site or Services;
4. Modify, change or alter in any way, the proprietary content of a third party using the Dialogfeed Platform;
5. Use the Services in any manner which interferes with the performance or functionality of the APIs or the Dialogfeed Platform;
6. Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
7. Load or transmit any form of virus, worm, Trojan horse, or other malicious code;
8. Promote or advertise any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) violates the terms of service of any website upon which the Content is viewed, or (iii) Dialogfeed determines, in its sole discretion, is inappropriate to be promoted through the Site or the Services;
9. Use the Site or Services to generate unsolicited email advertisements or spam;
10. Use any automatic, electronic or manual process to access, search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.
11. Use the Site or Services to stalk, harass or harm another individual;
12. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or Services, or any content contained on any such web page for commercial use without our prior express written permission;
13. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
14. Mirror or frame the Site or any portion of the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
5. OWNERSHIP AND DIALOGFEED LICENSES.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors.
Except as specifically allowed in this paragraph, our Technology may not be modified, reproduced, republished, posted, displayed, performed, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.
You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. 7
If you are a U.S. Government end user, any of the components that constitute Our Technology and its related documentation is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire Our Technology and any documentation provided with the Services with only those rights set forth in this Agreement.
6. OUR TRADEMARKS.
DIALOGFEED is a registered trademark in the United States & Europe. Other Dialogfeed graphics, logos, designs, page headers, button icons, and toolbars appearing on the Site or the Services may be trademarks in the United States and other countries (collectively, with the registered trademarks, the “Dialogfeed Marks”).
All other logos and trademarks are trademarks of their respective owners.
You are not authorized to use any Dialogfeed Marks without the prior written permission of Dialogfeed.
Ownership of all Dialogfeed Marks and the goodwill associated therewith remains with us.
We hereby grant Publishers a non-exclusive right and license to display any Dialogfeed Marks but solely as incorporated into, and subject to the restrictions of use associated with, the code and Dialogfeed Widgets licensed in Section 6. Except for this limited license granted to Publishers, you are not authorized to use any Dialogfeed Marks. 8
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services, (collectively “Feedback“), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback.
You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
8. INTERACTIVE FORUMS.
The Site may contain forums that allow our Publishers and other registered users to interact with us and each other (“Forums“).
You are solely responsible for any Content you post to a Forum and the provisions of Sections 3 and 4 apply.
We reserve the right, but do not undertake the obligation, to alter, edit, refuse to post or remove a post on the Forums if it does not meet the standards established in this Agreement or for any other reason we deem appropriate.
We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities of other users on the Site. 9
You agree that (i) we are not in any manner responsible for the Content, (ii) we do not guarantee the accuracy, integrity or quality of the Content, and (iii) we cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Site or Forums.
You retain the copyright in any Content that you post in the Forums, and by posting any Content in the Forums, you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
9. DATA RIGHTS AND PUBLISHER PRIVACY POLICIES.
We do not charge End Users or Publishers a fee for using the Services, including the Dialogfeed Platform.
In consideration for the Services, you agree that we may collect data related to an End User’s use of the Services including an End User’s sharing of Publisher Content (collectively, the “Data”).
When an End User downloads a page that contains a Dialogfeed Button, we may deploy a cookie on our own behalf or on behalf of our data partners, to record information about how an End User uses the web, such as the web search that landed the End User on a particular page or categories of the End User’s interests. We may use the Data to target advertising toward the End User or authorize others to do the same.
You may not enable Dialogfeed to collect Data from Sites that are directed to children pursuant to the U.S. Children’s Online Privacy Protection Act. 10
If you are a Publisher and prefer that we do not collect, and do not assist others in the collection of, Data about End Users on your Publisher Site, you may email us and we will respond in a reasonable time in order to assist you in discontinuing our placement of cookies related to your Publisher Site.
Please be advised, however, that if you cause us to discontinue the placement of cookies related to your Publisher Site, we will not be able to provide you with certain Services.
For example, we won’t be able to provide you reports and analytics regarding the usage and effectiveness of the Dialogfeed Platform on your Publisher Site.
Important Notification Requirement for Publishers Sites: We are concerned about the privacy of End Users and want to provide them choice regarding the use of their information. Dialogfeed supports the Self Regulatory Principles for Online Behavioral Advertising and is a member of the Network Advertising Initiative (NAI). Accordingly, we require that your Publisher Sites have a notice with language substantially similar to the following: “We allow third-party companies, including Dialogfeed, to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org.” 11
Important Notification Requirement for Publishers Sites directed at End Users located in the European Union: We are concerned about the privacy of End Users and want to provide them choice regarding the use of their information. Dialogfeed supports the Self Regulatory Framework for Online Behavioral Advertising created by the European Advertising Standards Alliance (EASA). Accordingly, we require that your Publisher Sites that are directed to End Users located in the EU have a notice with language substantially similar to the following: “We allow third-party companies, including Dialogfeed, to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit http://www.youronlinechoices.eu.”
We know that your privacy and the security of your information is important.
11. GEOGRAPHICAL RESTRICTIONS.
We make no representation that all of the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access our Site and the Services, or make the Services available via the Publisher Site, you do so on your own initiative and are responsible for compliance with local laws.
12. MODIFICATIONS TO TERMS.
We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.
Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Site or Services after we post notice of such modifications.
13. MODIFICATIONS TO THE SITE OR SERVICES.
We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services.
If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
You acknowledge and agree that we, at our sole discretion, may terminate your use of the Site and/or the Services without prior notice for any reason at any time.
You agree that we shall not be liable to You or any third party for termination of your access to the Site and Services.
In the event of any termination, you will immediately cease access to the Site and/or the applicable Services, and we will no longer provide You such Services.
15. COPYRIGHT VIOLATIONS.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
• • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• • A description of the copyrighted work that you claim has been infringed;
• • A description of where the material that you claim is infringing is located on the Site or Services;
• • Your address, telephone number, and email address;
• • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by email at firstname.lastname@example.org. Please note that, pursuant to 17 U.S.C., section 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 Dialogfeed in connection with the written notification and allegation of copyright infringement.
THE SITE AND SERVICES AS WELL AS ALL SOFTWARE, MATERIALS, AND TECHNOLOGY USED TO PROVIDE ANY OF THE FOREGOING, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIALOGFEED, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, QUIET ENJOYMENT, UN-INTERRUPTION, AND/OR SYSTEM INTEGRATION. DIALOGFEED, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.
17. LIMITATIONS OF LIABILITY AND CONTENT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. 16
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
19. ELECTRONIC COMMUNICATIONS.
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 14 informs you of your rights when receiving Communications from us electronically. 17
For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing.
Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights.
You may withdraw your consent to receive Communications electronically by contacting us in the manner described below.
If you withdraw your consent, from that time forward, you must stop using the Site and Services.
The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.
Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
21. NOTICE; VIOLATIONS.
We may give notice to you by email, a posting on the Site, or other reasonable means. 18
22. GENERAL TERMS
You are responsible for compliance with all applicable laws.
You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.
You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
YOU AND DIALOGFEED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR DIALOGFEED PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. Contract renewal and cancellation.
Yearly and monthly plans have a tacit and automatic renewal every year / month of your subscription (Pro, Business, Expert, Enterprise, Event+1 year).
Subscription can be cancelled anytime by sending an email to email@example.com and in the customer back office, with an advanced notice of 2 months for yearly plans or 1 month for monthly plans.
Dialogfeed is a SaaS solution published by Kipsoft SAS.
Headquarter address: 55 L’Occitane Immeuble Actys 1 – 31670.
TVA Intracommunautaire: FR22752793709