Please pay careful attention to the following terms, which create a legal agreement between you and Tealium Inc. (“Tealium”).
1. Introduction
Use of and access to the Tealium website, mobile applications, and social media that link here (the “Website”) is subject to the following terms and conditions (the “Terms of Use”):
By using or accessing any part of the Website, you agree to be bound to these Terms of Use. If you disagree with any of these Terms of Use, do not use the Website.
2. Non-Tealium Websites
This Website may contain links to websites that are not owned and administered by Tealium (“Non-Tealium Websites”). Tealium provides access to these Non-Tealium Websites only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Non-Tealium Websites. You access and/or use Non-Tealium Websites at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the links to Non-Tealium Websites, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Non-Tealium Websites.
If you would like to create a hypertext link to this Website, you must contact us and obtain our express written consent before doing so.
3. Intellectual Property Rights
Tealium is the owner or authorized user of any trademarks, registered trademarks, service marks, copyrightable material, and other intellectual property, including but not limited to any and all graphics, text, user interfaces, photographs, visual interfaces, sounds, art, music, computer code, and screens appearing on the Website (collectively, “Website Content”). You may only view, print, and download portions of the Website Content solely in connection with your use of the Website and for your own personal, non-commercial use. Tealium reserves the right to revoke this authorization at any time. Reproduction, copying, or redistribution of the Website Content for commercial purposes is strictly prohibited without the express written consent of Tealium. If you print or copy any Website Content, you agree not to change or delete any proprietary notices or trademarks from such Website Content.
Except as set forth herein, you are not permitted to modify, transmit, copy, reproduce, distribute, transfer, publish, license, create derivative works from, use on any other website or sell any Website Content. You may not view, copy, reverse engineer, decompile, disassemble, or otherwise attempt to examine the Website source code. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking or any other illegal means.
You may use information about Tealium’s services, such as whitepapers or similar articles, that Tealium makes available for downloading from the Website for your personal, non-commercial use or your internal business purpose, provided that you shall not (a) amend any of the information; (b) change or delete any proprietary notices or trademarks from such information; and (c) copy or post such information on any media.
If you believe anything on the Website infringes your copyright, you may request removal of the infringing material (consistent with the process suggested by the Digital Millennium Copyright Act) by emailing legal@tealium.com.
4. User Content
You are solely responsible for any information and content that you submit to, or use with, the Website (“Content”). You assume all risks associated with your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that personally identifies you or any third party. You warrant that your Content does not violate our Acceptable Use Policy. You shall not present or imply to others that your Content is in any way provided, sponsored, or endorsed by Tealium. Tealium is not required to back up any Content, and your Content may be deleted at any time without prior notice.
You hereby grant (and you represent and warrant that you have the right to grant) to Tealium an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your Content in the Website. You hereby irrevocably waive (and shall cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.
5. Acceptable Use Policy
The following terms constitute the “Acceptable Use Policy” of the Website:
You agree not to use the Website to collect, upload, transmit, display, or distribute any Content that:
- violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
- is harmful to minors in any way; or
- that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
- upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise through the Website;
- use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
- harass or interfere with any other user’s use and enjoyment of the Website; or
- use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant revocable permission to the operators of public search engines, search engine optimization companies, and search engine optimization tools to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
6. Enforcement
We reserve the right (but have no obligation) to review any Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your access, and/or reporting you to law enforcement authorities.
7. Feedback
If you provide Tealium with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Tealium shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Tealium will treat any Feedback you provide to Tealium as non-confidential and non-proprietary. You agree that you will not submit to Tealium any information or ideas that you consider to be confidential or proprietary.
8. Privacy
Tealium is committed to protecting your privacy. Tealium’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference.
9. Disclaimer and Limitation of Liability
Disclaimer. THIS WEBSITE, THE WEBSITE CONTENT, AND ANY LINKS PROVIDED IN THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. TEALIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT ARISE OUT OF ITS USE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TEALIUM NOR ANY OF ITS EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR ANY OTHER COSTS OR EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR INABILITY TO USE OR GAIN ACCESS TO THE WEBSITE, EVEN IF YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
10. Indemnity
You shall defend, indemnify and hold harmless us, and our directors, officers, employees, agents, affiliates, shareholders, licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Website, (b) any violation of these Terms of Use by you; and (c) any allegation that any Content you make available or create through or in connection with the Website infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
11. Termination
We may terminate your access to the Website at our sole discretion, at any time, and without prior notice. We may immediately deactivate or delete all related information and files.
12. Governing Law and Jurisdiction
Your use of this Website is governed by the laws of the United States of America and the State of California and any dispute will be subject to the exclusive jurisdiction of the courts in San Diego County, California, USA without reference to its conflict of law principles. You are solely responsible for complying with applicable laws in connection with your use of this Website.
13. Changes
We may change the Website at any time in our sole discretion. All relevant portions of these Terms of Use will apply automatically to such modifications, improvements, deletions, or amendments as they appear on the Website. Please check these Terms of Use from time to time to ensure you are aware of changes. Your continued use of the Website means that you accept and agree to any changes.
Last updated on September 2, 2021.
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