We know nobody likes to read these things, but we’re kinda required to provide them anyway. If we could we’d show you a nice chart or some infographic to explain all this, but that’s not exactly possible… Yet. :)
meltmedia has developed a method of analyzing marketing analytics data to generate reports and insights related to digital marketing activities (the “Service”). The Service, called Talu, is web-based and accesses your data from third-party online sources.
This Agreement is between Diffusion Group, LLC dba meltmedia (“meltmedia” or “we” or “our”) and the entity using the Service (“you” or “your”). An individual accepting this Agreement on behalf of an organization represents and warrants having legal authority to accept these Terms on behalf of that organization. By accessing the Service in any manner, even if you do not create an account, you agree to be bound by these terms of service ("Agreement"). If you do not agree to this Agreement, you must not access the Service.
THIRD-PARTY DATA ACCESS
- To deliver the Service we use public and non-public data from third parties such as Facebook®, Twitter®, and Google®. To access your data from these third parties (“Third-Party Data”) you must give us certain logon information for each Third Party, which may include a userid, password, and other information that identifies you exclusively (“Logon Information”).
- By providing your Logon Information to meltmedia, you expressly request and authorize meltmedia to login to these third-party networks and websites as your agent for the purposes of obtaining Third-Party data, delivering the Service to you, and operating our business. You also grant to meltmedia a non-exclusive, non-transferable, non-sublicenseable, revocable right and license to use, copy, display, distribute and disclose any information obtained from the Third-Party sites for the purposes of delivering the Service to you and operating our business.
- You are solely responsible for complying with any policies, laws or regulations that might apply to Third-Party Data. You warrant that you have authority to provide the Logon Information to us and that providing it does not violate any policies or agreements of your company or of Third Parties.
- meltmedia grants to you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license to access and use the Service solely by your employees, contractors or agents solely for your benefit.
- To access the Service, you must register with us and will be given Login Credentials. You agree to keep your registration information accurate, complete and current as long as you use the Service. You are responsible for any use that occurs under your Login Credentials, including any activities by your employees, contractors or agents. If you believe an unauthorized user has gained access to your Login Credentials, you shall notify us as soon as possible. We are not responsible for any unauthorized access to or use of your account.
PRICING AND PAYMENT
- meltmedia provides several tiers of usage, some of which may be free of charge. Details about the subscriptions and payment terms are provided at sign up. By purchasing subscriptions, you agree to receive the services offered at sign up, subject to the billing terms provided at sign up.
- All meltmedia subscriptions are prepaid for the stated subscription period and are non-refundable.
- You may cancel your meltmedia subscription at any time and for any reason. You can cancel your subscription in your account profile. When you cancel your subscription, any processed payment will not be refunded or prorated for partial usage.
- To take advantage of paid Services, you must enter valid payment information such as credit card information. By providing such payment information, you certify that you are an authorized user of the credit card.
meltmedia will provide technical assistance by email only to you during our normal business hours, currently Monday through Friday from 9:00 am to 5:00 pm, Arizona time.
- meltmedia uses third parties to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. meltmedia is not responsible for the privacy policies of third-party providers and meltmedia disclaims all liability arising from any action of any third-party provider.
- The Service enables meltmedia to view, modify and transmit all Third-Party Data accessed using the Service, however meltmedia shall not transmit any Third-Party Data outside the Service without advance express written permission from you, which may be by email, and only for the purposes of providing the Service and resolving problems with the Service.
- meltmedia will store, or have a third party store, Third-Party Data and communications transmitted using the Service for purposes of delivering the Service to you and operating our business in any country in which we or our agents maintain facilities. meltmedia may store the data and communications temporarily or for longer periods of time for such purposes, but does not promise that the Third-Party Data and communications will be stored for any given period of time.
meltmedia will store certain personally-identifying information including your name and email address solely for delivering the Service to you and operating our business. meltmedia will have a third party that is compliant with the strictest PCI requirements store certain personally-identifying information including your name, credit card information and billing address solely for delivering the Service to you.
- You shall not use the Service in any way that:
i. adversely impacts the availability, reliability, or stability of the Service;
ii. attempts to bypass or break any security mechanism of the Service;
iii. transmits any material that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs;
iv. accesses meltmedia’s servers by scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to meltmedia’s servers; or
v. violates applicable local, state, national or international law or regulations of any jurisdiction from which you access the Service.
- You shall not allow any unauthorized third party to access or use the Service for any purpose whatsoever.
- meltmedia has the sole discretion to determine whether you or other third parties are in violation of this Acceptable Use section.
- meltmedia, at its sole discretion, may take any action it deems necessary to end the violation of this Acceptable Use section, including but not limited to suspending or terminating your access to the Service. meltmedia may take such actions without notice to you. These remedies shall be in addition to any other remedies meltmedia has in law or equity. meltmedia shall not be liable for any consequences of such actions, even if it is later determined that the alleged violation was not an actual violation of the Acceptable Use section.
- Except for those portions of the Service that have been licensed from a third party, meltmedia retains all right, title and interest in the Service and all related documentation, including any additions or improvements made thereto, including all applicable rights in patents, copyrights, trademarks and trade secrets.
- You will not attempt, assist others in attempting, or allow others to copy, modify, translate, decompile, disassemble, or reverse engineer the Service.
- You will preserve all proprietary rights notices on the Service, including those on the reports.
- All trademarks, including service marks, trade names and trade dress that meltmedia uses in connection with the license granted hereunder (the “Trademarks”) are and remain the exclusive property of meltmedia. The Trademarks include but are not limited to MELTMEDIA and TALU. Nothing contained in this Agreement grants you the right to use any Trademark, nor grants any other right, title or interest in any Trademark, and all goodwill associated with Trademark use inures to the benefit of meltmedia.
- To the extent meltmedia is deemed a “service provider” under the Digital Millennium Copyright Act (“DMCA”), its designated agent to receive notifications of claimed infringement under the DMCA is:
Diffusion Group, LLC dba meltmedia
2120 E Rio Salado Pkwy #201, Tempe, AZ 85281
- Any notices to be given to meltmedia shall be made in writing to:
Diffusion Group, LLC dba meltmedia
2120 E Rio Salado Pkwy #201, Tempe, AZ 85281
- You agree that meltmedia can send notices by email to the email address that you provided to meltmedia in creating your account. You agree that all notices, agreements, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMERS AND LIMITATION OF LIABILITY
- While meltmedia makes reasonable efforts to provide the Service continuously, it does not guarantee such service. The Service will be interrupted on occasion for planned and unscheduled maintenance, without notice to you. The Service is provided AS-IS and AS-AVAILABLE. MELTMEDIA DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME NOR AT ALL TIMES.
- MELTMEDIA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- meltmedia disclaims all liability arising from any action or omission of any third party providing hardware, software, networking, storage, or other technology required to run the Service.
- meltmedia does not verify the accuracy of the Third-Party Data and MELTMEDIA MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED that the results of the Service will increase your revenue or website traffic, or improve your reputation, or otherwise be beneficial to you.
- meltmedia shall have no liability, relating to your use of the Service for i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such; ii) loss of business, profits, business information, or business interruption, or any other pecuniary loss; or iii) for direct damages, actually proven, exceeding the amount of money you have paid to meltmedia. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
- meltmedia reserves the right, at any time, in meltmedia sole and exclusive discretion, to amend, modify, suspend, or terminate the Service or any part thereof, and your use of or access to them, with or without notice. meltmedia shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.
- You agree to defend, indemnify, and hold meltmedia, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from your use of the Service, including but not limited to enabling meltmedia to access Third-Party Data.
- meltmedia reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to defense by you, in which event you will cooperate with meltmedia in the conduct of such defense. meltmedia reserves the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify meltmedia. You shall not settle any dispute subject to your indemnification under these Terms without written consent from meltmedia.
- For any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in the federal, state or local court with competent jurisdiction located in Maricopa County, Arizona. Each party consents to the jurisdiction of such courts, agrees to accept service of process by mail, and hereby waives any jurisdictional or venue defenses otherwise available to it.
- Any dispute between the parties arising out of or related to this Agreement shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Phoenix, Arizona. The decision and award of the arbitrators will be final and binding and the award so rendered may be entered in any court having jurisdiction of the matter. All fees and expenses of the arbitrator(s) and all other expenses of the arbitration will be borne by the parties to such arbitration in the manner determined by the arbitrator(s).
- This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Arizona, except for their conflict of law provisions and as otherwise set forth herein. For avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods does not apply.
RELATIONSHIP OF THE PARTIES
Nothing contained herein will be deemed to create a partnership, joint venture, agency or employment relationship between the parties hereto. Neither party is authorized to enter into any contract or commitments on behalf of the other, or assume any obligation for, or otherwise bind the other party financially or otherwise, nor will it represent that it has such authority.
meltmedia may assign this agreement at any time without notice to you. You may not assign this Agreement or your account to anyone else, and any attempt to assign shall be void.
None of the terms of this Agreement are deemed to be waived or modified except by an express agreement in writing signed by both parties that references this Agreement. The failure of a party hereto in enforcing any of its rights under this Agreement will not be deemed a continuing waiver or modification by such party of any of its rights under this Agreement.
If any provision of this Agreement is for any reason declared to be invalid or unenforceable, the validity of the remaining provisions will not be affected thereby.
This Agreement and any incorporate by reference herein constitute the entire agreement between the parties regarding the subject matter hereof. No change, addition or amendment will be made except by written document signed by the parties hereto. meltmedia may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. The most current version of these Terms can be accessed at talu.io. By continuing to access or use the Service, you accept any changes or revisions to these Terms.