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Tealium Social Media Terms of Service

kathleen_jo
Employee Emeritus
kathleen_jo

 

Use of Tealium’s Social Media (TSM) properties, such as Facebook, Twitter, LinkedIn, Flickr, YouTube, etc., is governed by these Tealium Social Media Terms of Service, together with the Tealium’s Privacy Policy (known collectively as the "Terms"). The Terms describe the permitted and prohibited uses of TSM. The access or use of TSM evidences the acceptance of the most current version of the Terms, and any related rules and guidelines posted on Tealium's branded websites.  By posting, using, accessing and/or viewing content on or to TSM, you accept, without limitation or qualification, the following Terms.  If you do not agree to the Terms, then you may not view or post any content on or to TSM. The use of TSM constitutes full acceptance of the Terms and has the same legal impact as a physically signed written agreement.

 

Tealium reserves the right to modify the Terms at any time, effective upon posting of the modified Terms on the Tealium website, www.tealium.com, my.tealiumiq.com, or, in the case of the Tealium Privacy Policy, on any other Tealium-sponsored website. Tealium also reserves the right to apply, waive, or modify these Terms as they apply to a specific posting and user without affecting the application of these Terms to all other postings and users.

 

The term "posting" means, (but is not limited to), “any text, links, images, videos, communications, opinions, software, data, or other content a person provides on any TSM, which includes (but is not limited to): message boards, chats, blogs, walls, timelines, channels, apps, or otherwise. The use of TSM, or any materials or services accessible through it, after a posting or notification regarding modifications to the Terms constitutes acceptance of those modifications. The violation of any Terms may result in the suspension or termination of access or use of TSM.

 

Participating in TSM

 

The Tealium Social Media properties are intended to provide participants with the opportunity to exchange useful and helpful information. All participants must be above the age of 18. Tealium may edit or remove any posting it considers, at its sole discretion, to violate the Terms.

 

Appropriate Conduct

 

Users of TSM are responsible for exercising careful and appropriate judgment in evaluating and taking action based on other participants' postings on said TSM properties, since such postings may reflect significantly different levels of knowledge and experience by participants. Users of TSM agree that Tealium is not responsible for the accuracy of the content of TSM and will not be held liable for any damages incurred as a result of participant use in any such content. Participants may post hypertext links to content hosted and maintained by third parties as long as those links contain appropriate content as per the “Posting to TSM” section below. Tealium has no obligation to monitor other linked sites and is in no way responsible for the content on them. Accessing any such hyperlinked sites is at the user's own risk.

 

Posting to TSM

 

Users of the Tealium Social Media properties agree not to upload, post, or otherwise transmit any inappropriate content (text, links, communications, software, images, videos, sounds, data, etc.) that includes:

  1. Any personal information, such as: full name, address, phone number, personal email address, and customer identification numbers, belonging either to the poster or another person;
  2. Spam, such as: website or service advertisements, commercial solicitations, chain letters, or pyramid schemes;
  3. “Flooding,” such as excessive posting, padding posts, or cross-posting;
  4. "Bombing," such as repetitive, meaningless or unrelated postings;
  5. Profanity, and material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, abusive, offensive, threatening, hateful, or otherwise objectionable;
  6. Discussion of illegal activities or providing links to other websites containing such information;
  7. Discussions that veer off topic, are unrelated to resolving the issue at hand, or abuse any company or product;
  8. Discussions of designated representative actions. If you need to comment on a designated representative action, please send a message to community@tealium.com.
  9. Discussions about proprietary Tealium technology.
  10. Posting of material which violates any party's copyright or intellectual property rights;
  11. Posting, publishing, uploading, reproducing, transmitting or distributing content belonging to the Tealium, or derivative works with respect thereto;
  12. Posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive components;
  13. Posting a link directing users to any information or content that, if posted on TSM, would constitute a violation of the Terms or any State or Federal law;
  14. Attacking (aka "Flaming") another user or entity in such a way as to incite or perpetuate an argument or conflict. This includes creating usernames to attack other users' identities, impersonating other individuals or falsely representing one's identity or qualifications, posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others, and posts that breach any participant's privacy by including name, address, phone, email address, or any other identifying information;
  15. Posts that describe how to violate any Tealium policy, term, or condition are considered unacceptable and will have the offensive language deleted.

 

Privacy Concerns

 

Posting personally identifiable information is not allowed on any Tealium social media property. Any information posted on TSM is at the user's own risk. Tealium respects and protects the privacy of its website users. The Tealium Privacy Policy provides details of the approach to privacy and how personal information is collected, used, and protected. However, please note that information posted on TSM is not protected and can be easily obtained and used by others.




Designated Representatives/Administrators

 

Tealium reserves the right to manage the postings on any of its TSM to provide an orderly presentation of information. To effectively manage TSM, Tealium may designate staff, faculty, or others to act as “Designated Representatives”  and “Designated Administrators” for its properties. Designated Representatives are the only representatives of Tealium authorized to manage TSM and are chosen through Tealium’s Marketing department.  Authorized Tealium staff or faculty always disclose their affiliation with the Tealium before posting. Tealium is not responsible for content provided by any Tealium employees who are not approved as a Designated Representative.

 

Community Monitoring

 

Social Media users are asked to help Tealium keep its TSM a valuable and enjoyable information resource by notifying Tealium of any offending messages or other violations of these Terms. To advise Tealium of posting violations, email us at community@tealium.com with a link to the applicable post. Repeat offenders will be contacted by email and may be banned from TSM. If violations are extreme in nature, we will contact the appropriate authorities.

 

Right to Use

 

By posting any content on TSM, you grant Tealium the irrevocable right to reproduce, distribute, publish, and display content and the irrevocable right to create derivative works from content, edit, or modify content, and use content for any Tealium purpose.

The Terms do not limit any rights that Tealium may have under trade secret, trademark, copyright, patent, or other laws as to content posted on TSM.

 

Modification and Discontinuance of TSM

 

Tealium reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, TSM with or without notice. Social Media users agree that the Tealium will not be liable to users or third parties for any modification, suspension, or discontinuance of TSM.

 

Termination

 

A social media user's privilege to utilize or access TSM may be terminated by Tealium immediately and without notice if the user fails to comply with any term or condition of the Terms. Upon such termination, the user must immediately cease accessing or utilizing TSM and agree not to re-register or otherwise make use of TSM. Furthermore, the user acknowledges that Tealium reserves the right to take action -- technical, legal, or otherwise -- to block, nullify, or deny the user's ability to access TSM. If any provision of the Terms is invalid or unenforceable under applicable law, then it is to be, to that extent, deemed omitted, and the remaining provisions will continue in full force. The user understands that Tealium may exercise this right in its sole discretion.

 

Disclaimer of Warranties and Limitation of Liability

 

MOST OF THE CONTENT POSTED TO THE TEALIUM SOCIAL MEDIA PROPERTIES IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH TEALIUM. THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. THE SOCIAL MEDIA USER AGREES THAT TEALIUM DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, THIS THIRD-PARTY CONTENT. ADDITIONALLY, THE USER AGREES THAT TEALIUM IS NOT LIABLE FOR, AND THE USER SHALL INDEMNIFY AND HOLD TEALIUM, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH TSM, USE OF TSM, VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER. THE CONTENT ON TSM IS "AS IS" AND CARRIES NO WARRANTIES. TEALIUM DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON TEALIUM SOCIAL MEDIA PROPERTIES, REGARDLESS OF WHO ORIGINATES THAT CONTENT. TEALIUM DOES NOT WARRANT THAT TSM ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. TEALIUM IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM TSM, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEALIUM AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, INTERNET FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF TEALIUM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN TEALIUM AND THE USER.

 

Miscellaneous

 

  1. Complete Terms.       The Terms are a complete statement of the agreement between you and Tealium. The Terms set forth the entire liability of Tealium and your exclusive remedy with respect to your access and use of TSM. In the event of a conflict between these, the Terms, and the Tealium Privacy Policy or the applicable to Tealium, these Terms prevail.
  2. Only Authorized Modification of Terms.     The agents, staff, and faculty of Tealium (including Designated Representatives) are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding to Tealium. Any waiver of the Terms by Tealium must be in writing signed by an authorized officer of Tealium and expressly referencing the applicable provisions of the Terms.
  3. Dispute Resolution.  You agree that any claims, disputes, actions or proceedings, whether under federal or State law, relating to, regarding or arising from your posting of any content on TSM, shall be construed under the laws of the State of California and shall be fully and finally determined or adjudicated by binding arbitration to be conducted in San Diego County, California, before a mutually agreeable arbitrator selected from the either Judicial Arbitration and Mediation services or the American Arbitration Association. 
  4. Know and follow the Terms and Conditions for Facebook and all other social media networks.
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