Terms of Use – Meltwater Impact Services
North America
United States & Canada

Effective November 22, 2016

Welcome

Welcome! We are delighted you have chosen Meltwater Impact for press release tracking powered by Meltwater, a leading global source of media intelligence platforms built to monitor billions of digital documents daily and provide market insight, press communication tools, and social media analysis to over 20,000 companies worldwide. If Meltwater Impact is your first experience with Meltwater’s media intelligence solutions and you would like to learn more about how the portfolio of Meltwater Services can elevate your organization’s media strategies, please contact us to request a demo.

Below you will find Meltwater’s terms and conditions of use for Meltwater Impact press release tracking services (the “Meltwater Impact Services”), as well as the Meltwater Impact Site and domain name and any other Meltwater Impact-branded linked pages, features, content, or application services offered from time to time (the “Meltwater Impact Site”). This Agreement constitutes a contract between you, the Customer, and us, Meltwater (the “Meltwater Impact Terms”). These Meltwater Impact Terms govern your use of (and access to) the Meltwater Impact Services and the Meltwater Impact Site. Please note that Meltwater offers other media intelligence services governed by separate terms and conditions and that these Meltwater Impact Terms of use govern your use of the Meltwater Impact Services and Meltwater Impact Site only. If you are already a Meltwater customer or sign up for additional Meltwater Services, additional terms and conditions of use may also apply to your use of other Meltwater Services.

BY USING MELTWATER IMPACT SERVICES, ACCESSING THE MELTWATER IMPACT SITE, OR BY ALLOWING ANYONE ELSE TO USE OR ACCESS EITHER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING PAYMENT TERMS FOR MELTWATER IMPACT PRO OR BUSINESS CUSTOM/PACKAGE SERVICES, IF SELECTED.

How do the Meltwater Impact Services work

Meltwater Impact Services monitor online distribution of and reference to press releases based on the press release url you choose to search. Based on search filters Meltwater Impact Services yield a custom report in the form of hyperlinks, tables, graphs and/or charts, among other report features, depending on the Meltwater Impact Services package level you select – Basic (free), Pro, or Business Custom. The generated hyperlinks link to a Third Party Site (as defined in the Definitions section below) on which the press release or related article is published (News Link Search Results).

We don’t screen each News Link Search Result, so we cannot and do not audit or endorse any Third Party Site, nor are we responsible for any Third Party Content reached through the Meltwater Impact Services. You are responsible for evaluating whether to access a Third Party Site, and agree to be bound by its terms. You agree not to copy, reproduce, distribute, transmit, modify, sell, license or otherwise exploit Third Party Content unless that third party has expressly granted you those rights. Some Third Party Sites require additional fees to access their content. These aren’t included in the price of your Meltwater Impact Services subscription, and should you choose to access that content, you agree to pay for it.

We have the right to terminate in our sole discretion any Meltwater Impact Services or accounts where use of the Meltwater Impact Services breaches any applicable law or disrupts or harms, or is intended to disrupt or harm, the Meltwater Impact Services, the Meltwater Site, or any other Meltwater services or business functions.

Who can use our Meltwater Impact Services?

The Meltwater Impact Services is intended for use by employees or contractors of businesses or organizations for business purposes, not individual consumers for personal use. When you sign up for a Meltwater Impact Services subscription by using your business email, Google or LinkedIn account you get a business-to-business non-exclusive and non-transferable right to use the Meltwater Impact Services. While you can use the Meltwater Impact Services for any business purpose, it must be your own, and on your own company’s behalf. (Not your friends, partners or affiliates!) Meltwater reserves the right to determine your eligibility for use of the Meltwater Impact Services.

How will Meltwater communicate with you?

When you sign up for Meltwater Impact Services, you consent to receiving email, phone and other communications from Meltwater relating to your account and also communications such as special offers, detailed information regarding how Meltwater products and services can help you leverage your business, and newsletters about Meltwater news, Meltwater product features and other Meltwater products, as well as customer surveys that are designed to help us improve and develop products and services for our customers. Please review our Privacy Policy for further detail on our marketing communications.

What do I need to use the Services?

Not much! In most cases all you need is a web browser, an internet connection, and your password. You are responsible for having all the hardware, and internet access to use the Meltwater Impact Services. You are responsible for the activity on your account, as well as protecting your own password; please let us know as soon as you think there has been unauthorized use of your account or password.

Meltwater Impact Plans: Basic – Pro – Enterprise

Meltwater Impact Basic. Your monthly Meltwater Impact Basic account (free) will continue month-to-month unless and until you cancel your account or we terminate it. You must have a valid business email, Google or LinkedIn account to create a Meltwater Impact Basic account. Keep in mind that regardless of when you cancel your account during a given month, your account will terminate and access will cease on the last day of that month

Meltwater Impact Pro – Monthly. Your monthly Meltwater Impact Pro account will continue month-to-month unless and until you cancel your account or we terminate it. You must have a valid business email, Google or LinkedIn account and provide us with a current, valid, accepted payment method (“Payment Method”) to create a Meltwater Impact Pro account. We will bill the monthly Meltwater Impact Pro account fee, as applicable based on the monthly volume of reports you select, to your Payment Method. In the event you reach your monthly report quota and opt to upgrade your report volume, you will immediately have access to the additional reports and will be billed for the increased report volume on the next billing date of your account cycle. You may cancel your account at any time and you will be billed only for the month in which you cancelled with access terminating as of the last day of that billing month. Be sure to cancel before the next monthly billing cycle to avoid Meltwater’s billing of the next month’s account fees to your Payment Method. In other words, if you cancel on the first day of your monthly billing cycle, Meltwater will not provide a refund for that monthly payment or a pro rata portion thereof. If Meltwater terminates your account for convenience prior to the end of your monthly term billing cycle, Meltwater will refund you a pro rata amount for the remaining days in the month for which you paid for but did not have access.

Meltwater Impact Pro – Annual. Your annual Meltwater Impact Pro account will continue year-to-year from the date of account creation unless and until you cancel your account or we terminate it. You must have a valid business email, Google or LinkedIn account and provide us with a current, valid, accepted payment method (“Payment Method”) to create a Meltwater Impact Pro account. We will bill the annual Meltwater Impact Pro account fee to your Payment Method. You may cancel your annual account at any time for a pro rata refund of the remaining full months in the relevant account year, based on the date of account creation, starting with first full month following the month in which you cancelled your annual Meltwater Impact Pro account. In other words, if you cancel on the first day of your monthly billing cycle, Meltwater will not provide a refund for that monthly payment or a pro rata portion thereof. If Meltwater terminates your account for convenience prior to the end of your annual billing cycle, Meltwater will refund you a pro rata amount for the remaining days within the cancellation month and the full months for which you pre-paid for but did not have access.

Meltwater Impact Enterprise – Annual. Your annual Meltwater Impact Enterprise account will continue year-to-year from the date of account creation unless and until you cancel your account or we terminate it. You must have a valid business email, Google or LinkedIn account and provide us with a current, valid, accepted payment method (“Payment Method”) to create a Meltwater Impact Business Custom account. We will bill the annual Meltwater Impact Business Customs account fee to your Payment Method. You may cancel your annual Business Custom account at any time for a pro rata refund of the remaining full months in the relevant account year, based on the date of account creation, starting with first full month following the month in which you cancelled your annual Meltwater Impact Business Custom account. If Meltwater terminates your account for convenience prior to the end of your annual billing cycle, Meltwater will refund you a pro rata amount for the remaining days within the cancellation month and the full months for which you pre-paid for but did not have access.

Meltwater Impact Enterprise (Custom). We may offer special plans, including bundled plans that wrap Meltwater Impact features with other Meltwater Services, with terms and conditions that differ from these Meltwater Impact Terms. Any materially different terms from those described in these Meltwater Impact Terms may be set forth in a separate written agreement executed by your organization and Meltwater.

Cancellation, Payment Refunds for Meltwater Impact Payment Plan Options and Termination

You may cancel your Meltwater Impact account at any time. To cancel, go to the “Your Account” page on the Meltwater Impact Site and follow the instructions for cancellation.

IN THE EVENT YOU CANCEL YOUR MELTWATER IMPACT ACCOUNT, PAYMENTS WITHIN A MONTHLY BILLING CYCLE ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. PAYMENTS WITHIN A YEARLY BILLING CYCLE ARE REFUNDABLE, BUT ONLY UP TO THE FIRST FULL ACCOUNT-SPECIFIC MONTH FOLLOWING THE DATE OF CANCELLATION, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED MONTHLY PERIODS. Following any cancellation by you, however, absent your material breach of this Agreement, you will continue to have access to the service through the end of the account-specific monthly period in which you cancelled.

Meltwater may for any reason, at any time, and without liability terminate your account, including access to the Meltwater Impact Services, and, absent your material breach of this Agreement, shall provide a plan-specific refund as detailed above, as applicable. Upon termination of your account, forfeiture and destruction of all information associated with your use of the Meltwater Impact Services may result. Meltwater may also terminate or suspend any and all Meltwater Impact Services and access to the Meltwater Services Site immediately, without prior notice of liability, if you breach any of the terms and conditions of this Agreement. Upon termination of your account for any reason, your right to use the Meltwater Impact Services, access the Meltwater Impact Site, and any related content, will immediately cease.

Billing for Meltwater Impact Pro and Enterprise

Recurring Billing. We will begin billing your Payment Method for monthly or annual account fees as of the date on which you opt to sign up for a paid-for Meltwater Impact account. By starting your Meltwater Impact Pro or Business Custom account and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly, as applicable, account fee at the then current rate, and any other charges you may incur in connection with your use of the Meltwater Impact Services to your Payment Method, including, for example, charges for upgrading your Meltwater Impact Pro report volume. You acknowledge that the amount billed each month or year may vary from month to month, or year to year, as applicable, for reasons that may include differing amounts due to promotional offers and/or changing or adding a Meltwater Impact Services plan or feature, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly, as applicable, in one or more charges.

Billing Cycle. The billing cycle for your Meltwater Impact Services account fee will commence on the calendar day on which you create and submit an initial payment for your Meltwater Impact Services account and we will automatically bill your Payment Method each month or year thereafter, as applicable, unless and until you cancel your account. Account fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your account began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Meltwater Impact Services account on January 31, your next payment date is likely to be February 28, and your Payment Method would be billed on that date. Meltwater may change your Meltwater Impact or other Meltwater Services account billing cycle in the event your array of other Meltwater services changes. As used in these Meltwater Impact Services Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly, year or yearly, refers to your billing cycle. To view the specific account details, including monthly or annual account price and dates for your billing cycles, visit the Meltwater Impact Site and click the “View billing details” link on the “Your Account” page.

Payment Methods. You may edit your Payment Method information by visiting your account page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see “Cancellation” above), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Conversion or Upgrading between Meltwater Impact Plans and/or Billing Options
To convert from a monthly to a yearly plan or between Meltwater Impact Basic, Pro or Business Custom Plans, you must cancel your existing subscription account before you register for another subscription account. To convert or upgrade your plan, go to the “Your Account” page on the Meltwater Impact Site and follow the instructions for converting your billing options or upgrading your plan.

Intellectual Property

We are pleased to grant you rights of use to these Meltwater Impact Services, and those rights are strictly limited to the ones granted here. For example, you agree not to sell, re-sell, reproduce, duplicate, copy, modify, or otherwise exploit any portion or derivative of the Meltwater Impact Site, Meltwater Impact Services or its contents; nor to use any data mining, robots, or similar data gathering and extraction tools. All Meltwater Impact Services and all content on the Meltwater Impact Site (unless created by you or a third party) including software, code, trademarks or logos are owned by or licensed to Meltwater, and we reserve all rights not expressly granted in these Terms. You agree not to use Meltwater’s name, trademark, logo, or Meltwater generated content without our express written consent.

Warranty & Liability

We provide the Meltwater Impact Site and the Meltwater Impact Services “as is” without any warranty or condition of any kind. Meltwater and/or its licensors, officers, directors, employees, agents or representatives shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages related to or arising from or in connection with this Agreement, including, but not limited to, damages for lost data. Consequential damages could include loss of profit, goodwill, data or business reputation. It also could mean the cost of replacing our Meltwater Impact Service with another. In no event shall Meltwater’s total aggregate liability under this Agreement exceed the total sum of monies paid from you to us as consideration for use of the services during the twelve (12) months immediately preceding the event giving rise to such liability. Our Meltwater Impact Services rely upon your internet connection, hardware, and network connectivity, and we cannot and do not guarantee uninterrupted, secure or error-free operation of the Meltwater Impact Site. Similarly, News Link Search Results are found on the internet; they rely upon the accuracy and timeliness with which online publishers update their articles. We cannot and do not make any representation or warranty as to the accuracy, timeliness, quality, or reliability of any information accessed through the Meltwater Impact Site, especially suitability for a particular business purpose.

Simply Put: No information obtained from Meltwater or through the Meltwater Impact Site, whether oral or written, shall create any warranty related to or arising from the Meltwater Impact Site or the Meltwater Impact Services. However, nothing herein will reduce warranties, rights, or remedies that you are entitled to by law.

Housekeeping

Governing Law: Meltwater’s contracting legal entity corresponds to your country of residence and determines the area of governing law and jurisdiction for a potential dispute:

Meltwater Legal Entity: Area of Governing Law / Applicable Venue:
Meltwater News US Inc. California, United States
Meltwater News Canada Inc. Toronto, Ontario, Canada

Waiver/Severability: Waiving a breach of this Agreement won’t waive any other breach; failing to enforce any right under this Agreement won’t waive any other right. Any provision of this Agreement deemed invalid won’t affect the others, and will assume its closest reasonable interpretation.
Assignment: You may not assign this Agreement (or the entire Agreement) without Meltwater’s express written consent.
Entire Agreement: These Terms of Use constitute the entire agreement. ANY other spoken conversations, understandings, or terms and conditions, including purchase order terms, terms of a tender or RFP, or vendor registration terms are null and void and have no force and effect, and even if Meltwater has started to provide Meltwater Impact Services. Meltwater may in its sole discretion from time to time, change these Terms of Use, including the Privacy Policy, with such revisions effective immediately unless noted otherwise.
Survival: All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including without limitation, How Your Meltwater Impact Services Work, Intellectual Property, Warranty & Liability, Housekeeping, and any representations or warranties herein.
Privacy: You agree to Meltwater’s privacy policy, available at www.meltwater.com/privacy.
Notices: You agree that notices, including legal notices, may be sent by electronic mail or message to the business email, Google or Linkedin account used to register for a Meltwater Impact account.

Definitions

Throughout these Terms, the following terms, when capitalized, will have the following meanings:
Agreement: These Terms.
IP: Intellectual property.
Meltwater: The regional-specific Meltwater legal entity as specified in your account payment information. Also defined as ‘we’, ‘us’, ‘our’ or ‘ours’.
Meltwater Impact Services: Those services provided by Meltwater as described herein.
Meltwater Impact Site: Any site which has the domain or is a subdomain of impact.meltwater.com.
News Link Search Results: The search result for a specific news article which contains a hyperlink text to the online media source where the article is published.
Terms: These terms and conditions of use.
Third Party Content: Any and all content, advertising, products or other materials belonging to a third party.
Third Party Sites: Any and all third party websites.
You/you: Customer. Also defined as ‘you’, ‘yours’, or ‘Customer’.

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