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SUMMARY:
Silverbakk Briefing Room is operated by Patch6 AB. We deliver monitoring and analyze products for enterprises. Our services can be used free for evaluation and we offer several paid products. By registering you accept these terms of use. Please make sure you read through, understand and agree with the terms of this agreement before you start to use the Silverbakk.com Website and the Patch6 AB products.
(These Terms of Service are adopted from Akismet.com TOS, available under a Creative Commons Sharealike license.)
TERMS OF SERVICE:
The Silverbakk.com website (”Website”) is a monitoring and analyze product for enterprises to find social activity and engagement on topics. Any use of the Website and the Silverbakk Briefing Room is subject to the following Patch6 AB Terms and Conditions of Use (“Terms and Conditions”), as well as to Patch6 Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. When you use any of the Patch6 products, or access any part of the Website you agree that you have read, understood, and agree to be bound by the these Terms and Conditions concerning your use of: (a) the Website and Silverbakk Briefing Room; (b) the API.
1. General. Patch6 may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Search Engine, temporarily or permanently, at any time and without notice to you. Under no circumstances will Patch6 be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 14.
2. Registration. By registering with Patch6 or any products operated by Patch6, you represent and warrant that the information you provide to Patch6 in connection with any registration process is true and accurate, and that you will promptly notify Patch6 if any of that information changes. Patch6 may use the information that you provide during the registration process, in particular your email address: (a) to communicate with you about the Website and Silverbakk Briefing Room, including without limitation, any changes to Patch6 Privacy Policy or other policies; (b) respond to your emails to us regarding spam; and (c) for all other purposes stated in Patch6 Privacy Policy. Patch6 reserves the right to terminate your access to and use of all of the Patch6 websites if you provide false or inaccurate information. If you obtain or purchase an API Key, you are responsible for maintaining the security of your API Key, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your API Key. You must immediately notify Patch6 of any unauthorized uses of your API Key, your account or any other breaches of security. Patch6 will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Website Visitors. Patch6 has not reviewed, and cannot review, all of the material posted to the Website and made available through the Silverbakk Briefing Room and API, and cannot therefore be responsible for that material’s content, use or effects. By operating Silverbakk Briefing Room, Patch6 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Patch6 disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Patch6 does not have any control over those non-Patch6 websites and webpages, and is not responsible for their contents or their use. By linking to a non-Patch6 website or webpage, Patch6 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Patch6 disclaims any responsibility for any harm resulting from your use of non-Patch6 websites and webpages.
5. Copyright Infringement and DMCA Policy. As Patch6 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Patch6 in accordance with Patch6 Digital Millennium Copyright Act (”DMCA”) Policy. Patch6 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Patch6 or others, Patch6 may, in its discretion, terminate or deny access to and use of the Website or Silverbakk Briefing Room. In the case of such termination, Patch6 will have no obligation to provide a refund of any amounts previously paid to Patch6.
6. Trademarks. Patch6, Silverbakk Briefing Room, Patch6 AB, Patch6.com, Silverbakk.com, the Silverbakk.com logo, the Patch6 logo and all other trademarks, icons, graphics and logos used in connection with the Website are trademarks or registered trademarks of Patch6 or Patch6 licensors. Other trademarks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Patch6 or third-party trademarks.
7. Changes. The Website, Search Engine, and these Terms and Conditions may be changed at the sole discretion of Patch6 and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
8. Communications with Patch6. All notices and other communications to Patch6 required under this Agreement should be directed to the Silverbakk contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.
9. Limitation of warranties of Patch6, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Silverbakk Briefing Room are provided “as is”, and Patch6, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Patch6 makes no representations and warranties regarding uptime for the Silverbakk Briefing Room and the accuracy of the Silverbakk Briefing Room in identifying information and social activity on the internet. You understand and agree that you download from, or otherwise obtain content from Silverbakk Briefing Room and the Website at your own discretion and risk, and that Patch6, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or Silverbakk Briefing Room. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
10. Limitation of liability of Patch6, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Patch6, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Silverbakk Briefing Room, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Patch6, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Patch6, its suppliers and its licensors arising out of or related to use of the Website and Silverbakk Briefing Room, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Patch6 during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 11 represents a reasonable allocation of risk.
11. General Representation and Warranty. You represent and warrant that your use of the Website and Silverbakk Briefing Room will be in accordance with the Patch6 Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
12. Indemnification. You agree to defend, indemnify and hold harmless Patch6, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Silverbakk Briefing Room, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
13. Termination. Patch6 may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Silverbakk Briefing Room in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Silverbakk Briefing Room and this Website and to use your API Key. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to Patch6.
14. Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
15. Miscellaneous. These Terms and Conditions constitute the entire agreement between Patch6 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Patch6, or by the posting by Patch6 of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Patch6 may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
