DataSift - Website Terms

These terms together with our privacy policy explain how MediaSift Limited operates datasift.com ("our site"), the ways that you are permitted to use our site, and the data sifting tools available through use of our site ("our services"). If you wish to use our application programming interface and programming language (referred to as "our API"), you will also be subject to our API terms.

Please read these terms carefully before using our site or ordering any of our services.  By using our site and/or buying our services, you indicate that you accept these terms and that you agree to abide by them. You will be asked to confirm this when registering on our site.

About Us, Our Site, and these Terms

datasift.com is operated by MediaSift Limited (referred to as "we", "us" and "our"). We are registered in England and Wales under company number 06411859 and have our registered office at Reading Enterprise Centre, Earley Gate, Whiteknights Road, Earley, Reading, RG6 6BU, UK.

Contact Us

If you have any questions regarding these terms, you can contact us in the following way:
Email: support@datasift.com

Our site and our services

Our site and services provides users with the ability to access and consume filtered data through use of our online tools.

Changes to these terms:

We may revise these terms by posting an updated version to this web page to reflect changes in market conditions affecting our business, changes in technology or our business model, changes in relevant laws and regulatory requirements, and changes in our systems.

We ask that you check this page from time to time to take notice of any changes we make, as they are binding on you.  Registered users of our site will be informed of changes to these terms by e-mail at least 30 days before the change is to come into effect - if you don't agree to a change you are able to close your account before the change comes into effect through your online account.

All users should note sections 3 and 15, which give important information on the limits of our service, and you and our liability to each other.

Your Status

By registering on our site you confirm that:

  • you are legally capable of entering into binding contracts
  • if you are acting for an organisation (such as a company or a partnership), you are authorised to enter into these terms for and on behalf of that organisation (in which case, references in these terms to "you" are to that organisation, and not you personally)
  • by accessing and using our site, and the services on our site, you are complying with all applicable laws and regulations in the country in which you are located

Accessing and Using our Site

Access & Registration

We restrict access to some parts of our site to users who have registered with us.  To register you will need to choose a username and password as part of our security procedures, and provide a valid e-mail address.

We reserve the right to amend our services and our site without warning. We will not be liable if for any reason our site is unavailable at any time or for any period, except (if you are a paying user) under our service level agreement (see section 8).

Use of your account and security

You are responsible for all use of your security details and your account. You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person.  You must also prevent unauthorised access to your account.

We have the right to suspend or close any account with us and block your use of our site, if (in our opinion) you have failed to comply with any part of these terms. You understand that your account is individual to you, and that we may suspend or close your account if you attempt to transfer or use your account to/for another person.

You are responsible for ensuring that all persons who use your account with us are aware of these terms, and that they comply with them.

We reserve the right to refuse to provide access to our site, or to provide our services, to any person.

Acceptable Use

You may only use our site for your own lawful internal business purposes, and in accordance with our acceptable use terms.

Filtering Data

We allow registered users of our site to use our online tools (including our programming language, CSDL) to create data filters and view the results on our site - the results of each data filter is known as a "stream". Streams can be setup as public (allowing us to share it (and the related code) on and off our site) or private (meaning that we won't show it to other users of our site).  If you create a public stream, it can be changed to private at a later time but this will not affect any part of that stream that was published whilst it was public.  You are not able to delete a public stream.

All users of our site are able to view public streams that we publish.

You may not publish online, or distribute to other people, the data that you obtain either through our site, or though use of our services. In particular, you may not screen scrape or by any other means attempt to gather the data from our site or our services for use other than on our site.

Information Provided To Us

We process information about you, and other information that you provide to us, in accordance with these terms and our privacy policy. By using our site, you consent to such processing and you confirm that all data provided by you is accurate and not misleading.

By providing us with your e-mail account or mobile telephone number you agree that we can use these to contact you (including by SMS message), such as to notify you of activity on our site.  You can manage how we use your contact details in the settings page of your account.

We are registered with the Information Commissioner's Office for the purposes of the Data Protection Act 1998 with registration number Z242113X.

Suggestions

If you provide any feedback, enhancement request, or suggestions (including by posting in any forum on our site, providing sample code, or otherwise sharing material or code with us, or on our site) to us, we shall have a royalty-free, worldwide, irrevocable, perpetual license and right to use and display them and incorporate them into our site and our services.

Links

Links to Others

Our site contains links to other sites which may be of interest to you. We do not accept responsibility for those sites, the owners of which do not necessarily have any connection with us.  Using links to gain access to such sites is at your own risk.

Linking to us

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.  If you wish to make any use of material on our site other than that set out in these terms, please contact us.

Our Services

Subject to restrictions outlined on our site, our services may be used for free to create and view streams on our site. However, you are not permitted to:

  1. sell, resell, rent or lease, our services or material from our services to any person,
  2. create derivative works based upon our site or our services, except as authorised in these terms,
  3. copy, mirror or frame any part or content of our services,
  4. reverse engineer our services,
  5. access our services to build a competing product or to copy the features, functions or appearance of our services.

Accessing our Paid for Services

How you can access

Once you've chosen and paid for the services that you wish, we will acknowledge your payment by e-mail and you will then be able to access:

  • a range of account management functions through your online account on our site
  • data, and the tools for filtering the data and creating streams, through our site by using our programming language

Intellectual Property Rights

Our site and our service

We are the owner or the licensee of all intellectual property rights on our site, in the material published on our site, to our services. Those works are protected by copyright laws and treaties around the world. All rights not granted to you in these terms are reserved.

We confirm that we have all the rights in relation to our site and the services that are necessary to grant all the rights we purport to grant to you under these terms. If this proves to be untrue, your exclusive remedy shall be as follows: we shall defend you against any claim that our site or our services infringe any patent, copyright, trade mark, database right or right of confidentiality, subsisting or registered (as applicable) in the United Kingdom, and reimburse you for any damages finally awarded against you at court (or under a court approved settlement) in respect of such a claim, provided that:

  1. we are notified of any such claim being intimated within 10 days of you first becoming aware of it;
  2. we are given sole authority to defend or settle the claim;
  3. you provide reasonable co-operation to us in the defence and settlement of such claim; and
  4. you use your best endeavours to minimise our liability in respect of the claim including by not using the allegedly infringing parts of our site or our services.  In the event of such a claim arising, or we believe that the services may infringe the intellectual property rights of another person, we may:
    1. modify the services so as to no longer infringe those rights;
    2. obtain a license from that other person for the continued use of the services as envisaged by these terms; or
    3. close your account and refund you any prepaid fees in respect our services that you have not used as at the date of closure.

Inputs

Information and data that you input through our site shall belong to you, but you permit us a royalty-free, worldwide, irrevocable, perpetual license and right to use and display that information and data for any purpose and without any restriction.  This right will continue even if you close your account.  You are responsible for making sure that you have all rights in the information and data that you input as are necessary for you to grant us the foregoing license and right. You are responsible for ensuring that any information and data that you input is compatible with our site and our services.  You are also responsible for taking any steps necessary for protecting the rights in the information and data that you input - we do not accept responsibility for unauthorised use of the information and data that you input by third parties.

Trade Marks

"DATASIFT" and the DATASIFT logo are trade marks of MediaSift Limited.

Use

The streamed data is provided to you by us but it belongs to other people. The data is subject to separate license terms, and may be subject to separate fees.

Availability

We cannot guarantee or be held responsible for the availability (or continued availability) of any d, stream or any feed.

Using Data

We do not test or screen the streamed data, we only provide tools for sifting it through our services.  Your use of any data from our site is at your sole risk.

Suspension and Interruption

Suspension

We may suspend access or use to any portion or all of our site or our services at any time if we decide that:

  • your or another user's use of our site or our services
    1. poses a security risk to us, you, or another person,
    2. may adversely impact our site, our service, the data on our site, the providers of that data, you, or any other person, or
    3. may cause us, you, or any other person to incur a liability
  • you are in breach of these terms or data license terms, including if you haven't paid us any amount you owe us when it is due (such as if a card payment is refused)
  • it is required by law

If we suspend your right to access or use any portion or all of our site or our service:

  • you remain responsible for all fees and other amounts that you owe to us (including fees for services that you continue to have access to)
  • unless we close your account under section 14, we will reinstate your account once we are satisfied that the circumstances causing the suspension have passed

Interruption outside of our control

Our services are reliant on data feeds being provided to us by a number of other people.  Our services may be interrupted by downtime suffered, or caused, by those other people.

Additionally, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.  This includes any act, event, non-happening, omission or accident such as: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of public or private telecommunications networks (including the internet); the acts, decrees, legislation, regulations or restrictions of any government; and the effects of any denial or service attack, virus or other malicious action against our systems.

Inactive Accounts

If you do not log into your account for a period of 90 days we may e-mail you to warn you that your account is inactive.  If you then do not login to your account within 90 days of us sending that e-mail, we may close your account.  

Please note the effects of account closure set out in section 14.

Closing Your Account

Closure by you

You can close your account with us at any time through your online account interface. Once you close your account, the agreement between us for the provision of services to that account will end.

Closure by us

We can close your account:

  • at any time by giving you 30 days' advance warning
  • immediately, if:
    • we can suspend, or have suspended your account, under section 12 as a result of circumstances caused by your actions or omissions
    • you become bankrupt or subject to any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors
    • you cause us to incur liability to another person
    • you prejudice our agreements with the data licensors
    • our relationship with a third party who provides software or other technology we use to provide our site or our services ends or requires us to substantially change our site or our services
    • we believe that continuing to providing our site or our services is likely to create a substantial economic or technical burden or material security risk for us
    • if we determine use of our site or our services by you has become impractical or unfeasible for any legal or regulatory reason
    • if you are in breach (be it material breach or any other breach) of these terms or the data license terms, or (in accordance with section 13) if your account is inactive

Effect of closing your account

You will not receive any refund if your account is closed by you, or if we close your account for reasons caused by your actions or omissions. If we close your account for reasons that are not caused by your actions or omissions and you are a paying user of our services, we will refund the amount you have paid to us in respect of the period after we close your account.

We will delete the data related to you after your account is closed, and this information will not be recoverable.  It may take up to 90 days for this to be completed as it takes time to work through our systems. We will not be responsible to you for any data that is lost when your account closes.  Please note that some code that you input into our systems may not be deleted, and that we may continue to use it in accordance with these terms.

Once your account is closed:

  • you will remain responsible for any unpaid fees or other amounts owed to us
  • you must stop using our services and related material
  • you will not have any future rights under these terms
  • any of these terms that must continue in force to fulfil its purpose will do so and remain binding

Your Liability to us, and limits on our liability to you

As we allow you to use our site for free, we do not accept any liability to you.

Our site and our services are provided 'AS IS'. We do not promise that use will be uninterrupted, error-free or completely secure.

This section 15 does not affect your or our liability for any matter which cannot be excluded or limited under the applicable law.

You must comply with all applicable laws and regulations of the country in which you are based.  We will not be liable for any breach by you of any such laws.

General

Communications

The terms are in English, and any contract and other communication between you and us shall be in English.  The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication.

When contacting you we will use the telephone, e-mail or postal address you provide to us when registering, or any replacement to those details that you have entered into your account on our site.

Any official communication or notice from you to us should be sent to o our postal and e-mail addresses shown in section 1.

Entire Agreement

These terms and the material referred to in the terms (including the privacy policy): (i) set out the entire agreement between you and us regarding our site and our services; (ii) supersede all previous or contemporaneous representations, agreements or communications between you and us regarding our site or our services.  We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in these terms unless authorised by one of our directors and specifically stated to be a variation to these terms. You agree that any purchase of our services is not contingent upon any future functionality or features.

Invalid Terms

If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected.

Third Parties

A person who is not party to these terms shall not have any rights under or in connection with them, under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Transfer of rights and obligations

The contract between you and us (as set out in these terms) is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written approval.  We may transfer, assign, charge, sub-contract or otherwise dispose of our contract with you, or any of our rights or obligations arising under it, at any time.

Delays in enforcement

If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

Laws and Disputes

These terms, the formation of the contract between us, use of our site, use or our services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of England.  All disputes between us shall be decided only by the courts within the United Kingdom, except that we may enforce any judgement anywhere in the world where you may have assets or be located.