Terms Of Service
TaDaweb is an online service that lets you create your own personalized data streams from online sources. TaDaweb provides a toolbox of drag and drop functions that can be combined together to create processes called “TaDa” that work directly with online information. Once a “TaDa” has been created, users can then access their output from either www.tadaweb.com (the “site”), TaDaweb’s public API (“API”) or via mobile devices (the “Mobile Software”), and possibly through other third party applications. Services made available by TaDaweb, whether they are accessed directly, through the API or through a Mobile Software or such third party applications, shall be referred to as “Service(s).”
The TaDaweb services are provided by TaDaweb s.a., herein referred to as “TaDaweb.”
1. Sharing your Content
1.a Your Content.TaDaweb allows you to extract and combine information on the Service, including text, photos, images, and other material. Anything that you extract, transform, manipulate, output, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of your User Content used in our Service.
1.b How TaDaweb and other users can use your content.Subject to any applicable account settings you select, you grant TaDaweb non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute the User Content you want to share with other members of your organization on TaDaweb for the purposes of operating and providing the Service(s) to you and to other Users who are members of your organization.
1.c How long we keep your content.Following termination or deactivation of your account, or if you remove any User Content from your account or your TaDa, TaDaweb may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, TaDaweb and other Users may retain and continue to display, reproduce, re-clip, modify, re-arrange, and distribute any of your User Content that other Users have been allowed to copy to their own TaDa lists or which you have posted to public or semi-public areas of the Service.
1.d Your Responsibility for your Content.TaDaweb values and respects the rights of third party content owners, and expects you do the same. You therefore agree that any User Content that you use in the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason; including User Content that we believe violates these Terms. It is important you understand that you are in the best position to know if the material you post is legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you share your User Content with other TaDaweb Users.
1.e Definition of Intellectual Property Rights.When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights, copyright; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
1.f Feedback you provideWe value hearing from our Users, and are always interested in learning about ways we can make TaDaweb even better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place TaDaweb under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, TaDaweb does not waive any rights to use similar or related Feedback previously known to TaDaweb, or developed by its employees, or obtained from sources other than you.
2. TaDaweb Content
- Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“TaDaweb Content”) are the property of TaDaweb and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the TaDaweb Content without our permission.
- Subject to the terms and conditions of these Terms, we grant you a license to use the Service. TaDaweb retains the right to terminate this license at anytime without obligation of justifying the decision. In the event that such termination occurs for a User holding a paid license, TaDaweb shall refund the service fees covering the unused subscription period within a reasonable timeframe unless the service termination was enforced in response to a breach of the Terms by the user. Except for the rights and license expressly granted, TaDaweb reserves all other rights and no other rights are granted by implication or otherwise.
3. Copyright Policy
TaDaweb has adopted and implemented the TaDaweb Copyright Policy in accordance with the following laws:
- Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données.
- Loi du 18 avril 2004 modifiant 1. la loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données, et 2. la loi modifiée du 20 juillet 1992 portant modification du régime des brevets d’invention.
- Loi du 22 mai 2009 portant transposition de la directive 2004/48/CE du Parlement européen et du Conseil du 29 avril 2004 relative au respect des droits de propriété intellectuelle et portant désignation des tribunaux des dessins ou modèles communautaires.
4. Using TaDaweb
4.a Who can use TaDaweb?You may use the Service only if you are legally able to form a binding contract with TaDaweb, and only in compliance with these Terms and all applicable, local, state, national and international laws, rules and regulations. TaDaweb reserves the right to decline offering the service to Users whose licenses were previously terminated by TaDaweb.
4.b TaDaweb Accounts.Creating an account with TaDaweb gives you access to the Services in our sole discretion. We may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) « you » includes you and that entity, and (b) you represent a warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. TaDaweb reserves the right to request a certificate from the entity should there be any need for such documentation to be kept in TaDaweb’s archives. By connecting to TaDaweb with a third party service i.e. Twitter or Facebook, you can give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You agree not to use user names, or TaDa names that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your TaDas at any time and for any reason in our sole discretion.
4.c Terminating your Account.You may close your account at any time by contacting us directly via email at email@example.com. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Terms, or for any other reason. Upon termination of your use of the Service, you continue to be bound Sections 1.b. (How TaDaweb and Others Can Use Your Content), 1.e. (Definition of Intellectual Property Rights), 1.f. (Feedback You Provide), 2 (TaDaweb Content), 3(Copyright Policy), 4.c. (Terminating Your Account), 4.f. (Your Interaction with Users) and 6 through 11 (inclusive) of these Terms.
4.d Your responsibility for your account.When you create your TaDaweb account, you must provide us with accurate and complete information. Please be sure we know how to reach you. We encourage you to use “secure” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must immediately notify TaDaweb if your credentials have been compromised or if you become aware of an unauthorized use of your account.
4.e Changes to the Service.Here at TaDaweb, we are always developing, innovating and creating new ways to provide our Users with new features. Therefore, we may, without prior notice, change the Service; add features and functionalities, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
4.f Your Interaction with Users.Please keep in mind that you are solely responsible for your interaction with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. TaDaweb will have no liability for your interactions with other Users, or for any User’s action or inaction. Please make TaDaweb a positive and mutually respectful place.
5. Privacy and Security.
6. Third-party Links, Sites and Services.
- The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned and controlled by TaDaweb. Tadaweb does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that TaDaweb will have no liability arising from your use of or access to any third-party website, service, or content.
- You agree to indemnify and hold harmless TaDaweb and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or TaDaweb Content, (ii) your User Content, or (iii) your breach of any of these Terms.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TADAWEB SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TaDaweb takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, TADAWEB CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER TADAWEB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, TADAWEB CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TADAWEB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL TADAWEB’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF FROM THE SERVICES, OR FROM TE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR TADAWEB CONTENT EXCEED ONE HUNDRED EUROS (100€). THE LIMITATIONS OF THE LIABILITY SET FOURTH ABOVE ARE FUNDEMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN TADAWEB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from TaDaweb’s facilities in Luxembourg. TaDaweb makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions, do so out of their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any governments, administrative or regulatory authority or court, including but not limited to those related to export and import software, technical information or services.
10. Arbitration and Governing Law
For any dispute you have with TaDaweb, you agree to first contact us and attempt to resolve the dispute with us amicably. In the unlikely event that TaDaweb has not been able to resolve such a dispute after attempting to do so amicably, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TADAWEB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law. You agree that: (i) the Service shall be deemed solely based in Luxembourg; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over TaDaweb, either specific or general, in jurisdictions other than Luxembourg. These Terms shall be governed by the internal substantive laws of Luxembourg, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
11. General Terms
11.a Notification Procedures and changes to these Terms.TaDaweb may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by TaDaweb in our sole discretion. TaDaweb reserves the right to determine the form and means of providing notifications as described in these Terms. TaDaweb may, in its sole discretion, modify or update in these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the last modified section at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do no use or access (or continue to access) the Service. TaDaweb is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
11.b Assignment.The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TaDaweb without restriction. Any attempted or assignment in violation hereof shall be null and void.
11.c Export Control.Any software or technology obtained from TaDaweb through the Service, including the Mobile Software, originates in Luxembourg, and is subject to Luxembourg’s export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the European Union. In addition, software and technology obtained from TaDaweb may be subject to the import and export laws of other countries. It is your responsibility to comply with all EU and foreign export and import laws and regulations.
11.d Entire Agreement/Severability.The Terms, together with any amendments and any additional agreements you may enter into with TaDaweb in connection with the Service, shall constitute the entire agreement between you and TaDaweb concerning the Service. If any provision from these Terms is deemed nvalid by a court of justice with jurisdiction over the country or group of countries listed in the governing law article, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
11.e No Waiver.No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TaDaweb’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11.f Contact.Please contact us with any questions regarding these Terms at firstname.lastname@example.org or through any other channel listed in our contact page (www.tadaweb.com/contact).