A. PURPOSE AND ENFORCEABILITY OF THIS DOCUMENT
This document specifies the limitations (hereinafter “Content Limitations”) on the use of content from third-party social-media websites (including Twitter, Facebook, etc.) or any online-media (including blogs, message boards, news, review sites, and any other sources) (“Third Party Platforms”) in connection with the Services, and as set out from time-to-time in such Third Party Platforms’ terms and conditions (including third parties’ intellectual property rights), as well as the limitations applicable by law or its interpretation.
These Content Limitations are binding on both parties when using and offering the Brokeback Play. In this document, “Client” is designated as “you.”
These Content Limitations are not subject to negotiation as they are dependent on the terms of third parties or the law. In the event of discrepancy, the Content Limitations shall supersede any other terms which have been agreed between you and Brokeback Play.
You agree these Content Limitations may be updated by Brokeback Play from time-to-time, with or without notification, to the sole extent these updates are:
- Based on the changes of Third-Party Platform’s and content provider’s terms; or
- Due to changes in any national or international copyright laws, and/or data privacy laws, and/or regulatory environments and/or interpretation thereof by way of court orders, legal literature, or administrative recommendations or opinions.
B. GENERAL CONTENT LIMITATIONS
1. Data and content availability: Brokeback Play undertakes to use commercially reasonable efforts to make all data available to its customers at the time of subscription. Nevertheless, you acknowledge and agree that, as Brokeback Play is dependent upon (i) Third-Party Platforms and content providers, and upon (ii) international legislation (including but not limited to intellectual property, copyright, or personal data protection), it cannot represent and warrant that such access to data (or to specific parts of the data) can be guaranteed over the entire course of the Agreement.
In the event data access is reduced or is no longer available for any of the above-mentioned reasons (i.e. for reasons beyond the control of Brokeback Play) the Services will be made accessible “as is” without giving right for any damages.
Should a significant data volume be no longer available through the Brokeback Play, you and Brokeback Play shall discuss with the aim of finding a workaround solution. If such meeting fails to provide a solution, either Party will then have the right to terminate the Agreement without further recourse to the courts. In this scenario, any fees paid upfront by you shall be refunded prorata temporis for the Services that will not be received as final compensation.
2. Historical content: Brokeback Play cannot guarantee that historical data will be available at all times. If a Third-Party Platform requires Brokeback Play to erase all or part of the historical data, Brokeback Play shall comply with such a request. Further, once the Agreement or an Order Form expires or terminates, Brokeback Play shall have no obligation to retain any historical content and shall be fully entitled to erase such content.
3. Fair usage: You acknowledge the Services are provided on a “fair usage” basis, i.e. a reasonable use exclusive of any abuse. For illustrative purposes, it would be an abuse of the Services to conduct a Query based on unlimited data or unnecessarily searching for a broad term and leaving it to accumulate a significant amount of results over time. A typical example would be to conduct a search on all sports clubs without using any additional filters such as “country” or otherwise. Such practices would put an unusual load on Brokeback Play’s servers and infrastructure and could typically affect the availability of the Brokeback Play Services without justification. If Brokeback Play notices such unfair usage of the Services, it may either reduce access to results or temporarily suspend your account due to improper use. If such practices continue, this would be a material breach by you under the Agreement and may lead to termination of the Agreement by Brokeback Play.
4. Unlimited use: “Unlimited Use,” as indicated on an Order Form means the unlimited use of the Brokeback Playsubject to Third-Party Platforms’ and content providers’ continuous availability, completeness, and accuracy, which you understand and agree are out of Brokeback Play’s control, or subject to the fair usage conditions defined herein.
5. No republishing: Analytic extracts of Brokeback Play reports, such as charts, graphs, etc., may be freely displayed (even publicly) by you so long as content directly received from Third-Party Platforms does not appear on those extracts in such display. For clarification purposes, content from Third-Party Platforms must not be publicly displayed. If you wish to embed Tweets or other Third-Party Platforms’ content directly on your website, you must comply with any applicable law and the specific conditions as specified by that relevant Third-Party Platform or as stated in the agreement between Twitter or such relevant Third-Party Platforms and you, if any.
6. No surveillance of data subjects:
You shall not, and shall not allow or assist any person, entity, or government to use the Services to (i) target, segment, or profile any individual based on health, financial status, political, religious, or philosophical beliefs, membership in any group or organization, national, racial, or ethnic origin, sex life or sexual orientation, any alleged or actual commission of a crime, or any other sensitive or unlawful categories of personal information; (ii) conduct research or analysis that isolates a small group of individuals or any single individual for disciplinary, discriminatory, or unlawful purposes; (iii) conduct surveillance, crime detection, or investigations of any individual, group, organization, or event to gather intelligence for purposes of protecting or enforcing private rights, policing, law enforcement, intelligence activities, espionage, or similar; (iv) without our prior consent, display, distribute, or otherwise make available information obtained via the Services to any member of the intelligence community, law enforcement, or any other government or public sector entity; or (v) display, distribute, or otherwise make available information obtained via the Services to any person or entity you have or should have reason to believe will use such data to infringe on any right of any third party under applicable law, beyond the reasonable expectations of privacy of data subjects, international treaties, the Universal Declaration of Human Rights, and applicable data protection laws and regulations including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) or its applicable equivalent, Singapore’s Personal Data Protection Act (“PDPA”), and the California Consumer Privacy Act (“CCPA”).
You remain subject to Brokeback Play’s on-going compliance review, specifically in regard to the use made by your authorized users of the Services for the purposes of (a) the performance of the Services including support, maintenance, and account management services; (b) the compliance with the fair usage conditions as defined herein ; (c) the compliance with applicable Third-Party Platforms conditions; and (d) compliance with applicable law and/or regulations, including but not limited to the GDPR, PDPA, CCPA, and other data protection regulation (collectively, “Compliance Conditions”). If Brokeback Play reasonably determines the provision of such data would be offensive, discriminatory, violate agreements with third parties, infringe on intellectual property or other proprietary rights of third parties, or violate applicable law and/or regulations, it may exclude certain data from search results or otherwise make it inaccessible to you, together with Brokeback Play’s right to suspend or terminate immediately the Service and the Agreement. You acknowledge also that certain Third-Party Platforms may require Brokeback Play to share identity and usage information about entities receiving the content that is provided by such Third-Party Platforms. You understand and agree that Brokeback Play, in good faith, would comply with such requirements from Third Party Platforms to the extent they pertain to compliance review. At any time, and at its own discretion or the direction of the relevant Third-Party Platform, Brokeback Play may determine that Client’s use of the Services does not meet the requisite Compliance Conditions, preventing Brokeback Play from granting further access to online and/or social media data.