These Terms of Service (“Terms”) govern your use of the CrowdTangle services, website, and any other website or online service that CrowdTangle operates and that links to these Terms (collectively, the “Services”). These Terms are a legal contract between you and CrowdTangle, Inc., a company based in Menlo Park, CA, United States 94025, so it is important that you review them carefully.
CrowdTangle processes personal information provided from you and publicly available information from other websites. Much of the personal information that CrowdTangle processes are publicly available online information, including information that Platform Partner users choose to make public on social media websites. Such information includes users' name, username, profile picture, content shared publicly, publicly posted content (such as photos and videos) which do not have a restricted audience, as well as available metrics in connection with such publicly posted content (such as “Like” count, comment count, timing of likes and comments, and post views). CrowdTangle accesses the information to provide aggregate analytics for purposes of measuring the performance of content, monitoring trends, and providing third-party fact-checking.
Subject to these Terms, CrowdTangle grants you a worldwide, non-exclusive, non-transferable, freely revocable non-sublicensable license to access and use the Services. CrowdTangle reserves all rights not expressly granted herein in the Services. CrowdTangle retains title and ownership of all rights (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Services.
You understand that the Services are built on APIs provided by CrowdTangle and third parties. From time to time, there may be interruptions or adverse events related to those APIs that are no fault of CrowdTangle. You assume any risks associated with your use of our Services or content displayed on the Services.
Your Commitments to Us
1. When Signing Up
- When creating an account, you must provide us with complete and accurate information, and you must keep this information up to date.
- For business users, you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
- Each user account created must represent a person, not any sort of automated bot.
- By signing up for and using the Services, you agree that you are 13 years or older.
2. When Using CrowdTangle
- You may only use the Services to access content on CrowdTangle’s platform, and access, manage, and review content in accordance with these Terms.
- You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third-party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- search or attempt to access or search the Service by any means except through CrowdTangle’s available interfaces;
- use the Service for any illegal or unauthorized purpose;
- impersonate any person or entity or otherwise misrepresent your affiliation;
- transfer, sell, disclose, or license any content from or content access through the Services without express written consent of CrowdTangle, including, but not limited to displaying content from CrowdTangle publicly or otherwise in an external format;
- engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
- submit content that infringes on the copyright, trademark, patent, or other intellectual property rights of any third party, are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit, violate a third party’s right to privacy or publicity, or degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification;
- distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam); or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Account Suspension and Termination
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies we may modify, suspend, or terminate your access to or use of our Services. Where we take such actions, we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of Services; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will survive any termination of your relationship with CrowdTangle: “License,” “Limitation of Liabilities,” “Disputes,” and “Miscellaneous.”
Limitation of Liabilities
We work hard to provide the best Services we can and to specify clear guidelines for everyone who uses them. Our Services, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Services, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
Service-related International Transfers
CrowdTangle is a corporation based in the United States and our customers are based throughout the world. Due to our location and the fact that we share information globally, both internally within the Facebook Companies and externally with our partners (including Platform Partners), and with those you connect and share information with around the world, operationally, we are not able to provide the Services in accordance with the Terms without making these data transfers.
Where we transfer personal information from the European Economic Area or Switzerland ("EEA") to a country outside the EEA without an adequacy determination by the EU Commission (a “Restricted Country”, such as the United States), we undertake to comply with the standard contractual clauses issued by the European Commission on 4 June 2021 for the transfer of personal information to third countries under the EU GDPR available at the link https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj (the “EU SCCs 2021”) as the “data importer” and you undertake to the comply with the EU SCCs 21 as the “data exporter”. Accordingly, the EU SCCs 2021 are incorporated into the Terms (where applicable). The details of the transfers are available here. You provide a general authorisation regarding our engagement of sub-processors (if applicable). The EU SCCs 2021 will be governed by the laws of Ireland and we agree to submit to the jurisdiction of the courts of Ireland. Where the EU SCCs 2021 apply, in the event of conflict between the Terms and the EU SCCs 2021, the EU SCCs 2021 prevail.
Where we transfer personal information from the United Kingdom to a Restricted Country, we undertake to comply with the standard contractual clauses issued by the European Commission on 5 February 2010 for the transfer of personal information to processors established in third countries under GDPR available at the link https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010D0087&rid=4 (the “UK SCCs”) as the “data importer” and you undertake to the comply with the UK SCCs as the “data exporter”. Accordingly, the UK SCCs are incorporated into the Terms (where applicable). The UK SCCs will be governed by the laws of England and Wales and we agree to submit to the jurisdiction of the English courts. We reserve the right to unilaterally replace the UK SCCs with any updated version that complies with the UK GDPR to ensure that we comply with the relevant data protection laws. Where the UK SCCs apply, in the event of conflict between the Terms and the UK SCCs, the UK SCCs prevail.
Before transferring any personal information to a Restricted Country, we will carry out a data transfer risk assessment which is an assessment of the adequacy of the level of protection of personal information in each destination country. This risk assessment includes taking account of factors such as: the sensitivity of the personal information being transferred, the legal regime of the destination country around whether the public authority access to laws are proportionate, the duration, scale and regularity of the transfer, the extent of any onward transfers, the extent to which public authorities in that country have sought to access data, as well as consideration of what other safeguards are in place to limit access to the data (such as data encryption).
If you have any questions about how we use and manage personal information, please visit our Data Policy or contact our Data Protection Officer at firstname.lastname@example.org.
Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights. We will exercise professional diligence in providing our Services and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Services ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the Services, and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim.
We always appreciate your feedback and other suggestions about our Services, but you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
Updating these Terms
We work constantly to improve our Services and, as a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will notify you (for example, by email or through our Services) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes. If you do not agree to these Terms, do not access or use these Services.
- These Terms constitute the entire agreement between you and us concerning the Services. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
- If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
- We may assign, subcontract, or transfer these Terms or any of our rights or obligatoins in them, in whole or in part, without our prior consent, provided this will not lead to any reduction of the rights you are entitled to by virtue of these Terms or by law. You will not transfer any of your rights or obligations under these terms without our consent.