Talk Online Data Collection AG
Company Registry No. and Tax Reg. Number: CHE-239.393.852
Concept, Design and Realization
Stileffekt GmbH | www.stileffekt.de
Terms and Conditions of Use
Welcome to Talk Online Panel website. The website www.talk-group.com is operated by the Company under the trade name Talk Data Collection AG having its registered office in Zürich, Switzerland (Möhrlistraße 21, 8006), with Company Registry No. and Tax Reg. Number: CHE-239.393.852 on behalf of itself and its affiliates/subsidiaries (hereinafter collectively referred to as “Talk”, “we”, “us”, “our”).
You must frequently visit the Terms, as part or all of them may be amended at any time, without justification or prior notificationand without there being any other obligation for information about such amendment, except for their being posted on the Website unless the applicable legislation provides otherwise. Both these Terms and any amendments thereto are the contractual framework which governs the relationship between the User and Talk at any given time. In the event of disagreement or reservation of the User about part or all of these terms, the User is invited to abstain from access to or navigation on the Website.
Talk reserves the right, indicatively, and not exclusively:
a) to renew or upgrade part or the whole content of the Website;
b) to renew or upgrade part or the whole of the interface, structure, or configuration of the Website, as well as its technical specification; and to
c) limit access to, cancel, suspend, permanently or temporarily, or terminate the operation of the whole Website or part thereof, at any time, without any justification and without any prior notice to the User of the Website according to its own discretion and without liability.
2. Intellectual Property Rights
The intellectual property rights over the content included on this Website, such as, but not limited to, images, text, graphics, videos, audio content, logos, and button icons, and its arrangement and compilation is the sole and exclusive property of either Talk or our third-party licensors/partners and are protected by the applicable laws on intellectual property rights.
The appearance and display of the Website content may not be taken as transfer and/or assignment of a license and/or a right to use thereof. Users are granted a limited license only, subject to the restrictions provided in these terms for purposes of viewing and downloading the material contained on this Website only for information and non-commercial purposes and for personal use so long as you do not remove any copyright or other notices that appear on the material you print or download. You are granted no copyright, exploitation, licensing or editing rights whatsoever to the content irrespective of the ready availability of its retrieval. Users and any third party are subject to the restrictions under Section 3 below.
The trademarks appearing on the Website are registered trademarks that belong either to Talk or our third-party licensors/partners who may or may not be affiliated with, connected to, or sponsored by us irrespective of whether or not they are marked as such, or bear the ® symbol. The User or any third party does not have and does not obtain any permission or consent to use in any manner the trademarks of Talk or its partners, for any commercial or other purposes without the special prior written permission of Talk or their respective owners.
Talk holds exclusive rights over the domain name www.talk-group.com.
User is granted a non-exclusive permission of access and personal use of the website for the purposes specifically detailed in the present Terms. User is expressly and emphatically restricted from all of the following:
- Publishing in any media, selling, distributing, copying in whole or in part, transferring, altering, storing, republishing, amending, or reproducing and exploiting in any other manner, in any form, any part of the content or copies of the content that appears on this Website;
- decompiling, reconstructing, or creating derivative works by using any software or accompanying documentation offered by Talk or its licensors;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm and damages to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
- Coping, modifying, or distributing rights or content from our copyrights and trademarks; using frames or frame techniques in order to frame any trademark, logo, or other proprietary information (including images, text, page layout, or format) of the Website or using any “meta-tags” or any other “hidden text” based on trade names or trademarks of Talk without its written consent;
- Posting false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Reversing engineer, decompile, disassemble or otherwise attempting to discover the source code of the Website;
- performing any action that may cause harm to the reputation of Talk or from any unlawful exploitation thereof, or creating any connection that insinuates any kind of relationship of the User or a third party with Talk or approval or support by Talk when there is none.
- creating any link to any part of this Website other than the homepage. Talk reserves its right to remove the connection permission without justification, without penalty and without any prior notice to the User.
- impeding the operation of the Website and replacing or amending its content (images, photographs, texts, etc.)
- Commissioning or facilitation of criminal offences in any manner, transmission of viruses, trojans, worms, logic bombs, and any action, in general, that may lead to an unaccepted or extensive encumbrance of the infrastructure or the operation of the Website.
4. User-Generated Content (“UGC”)
In these Terms, “User Generated Content” shall mean any audio, video, text, images or other material a user chooses to display on this Website, if applicable. With respect to User Generated Content, by displaying it, you grant Talk an unlimited, non-terminable non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media.
When submitting any UGC you agree not to post any material that violates any local or international law, that is considered spam, that you do not own, or that you do not have the license and that violates any third parties’ intellectual property rights and personal data legislation. Talk has no obligation to post any content from a user and reserves the right to in its sole discretion to remove, edit, delete any Content from this Website at any time, and for any reason, without notice.
Any posting of information on or via our website is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes and does not constitute any form of recommendation, representation, endorsement or arrangement of the material posted by users by us. If you rely on the information posted, you do so at your own risk.
We may collect certain information about website users and third parties (such as website usage data collected through automated means) in order, among other purposes, to determine how you use our Website and how we can improve it. Accordingly, you should review the terms and conditions of our Privacy and Cookie Notice, by which you agree to be bound as a condition of visiting the Website. Our Privacy and Cookie Notice is incorporated by reference into these Terms.
6. Links to third-party Websites
This Website is linked through hyperlinks with other Websites, which might not be related with Talk and whose content is not controlled, edited or monitored by the latter (the “Linked Websites”). These links are only made available for the Users‘ convenience and as an additional avenue of access to the Information contained in those other sites: unless it is otherwise specifically stated by Talk, they shall under no circumstances be construed as a specific or implicit approval or acceptance of the content or the services of the Linked Websites to which the User is referred through hyperlinks. Therefore, Talk does not guarantee that the content posted on the Linked Websites is correct, legal, complete, updated, true, accurate, or of good quality, and does not bear any responsibility or liability for the availability of such third-party material, advertising, products, or other materials on such Linked Websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any material goods or services available on or through any such Linked Websites. Similarly, Talk cannot check the collection and processing of the users’ personal data by the Linked Websites, and, therefore, it does not bear any liability in relation to such collection and processing.
When the User uses the Linked Websites, the Terms and Conditions, as well as the Data Protection Policy of each website shall apply accordingly. Access and use of third-party materials, including the information, materials and services on or available through third party materials is solely at your own risk.
7. Disclaimer of warranties and limitation of liability
The information contained on the Website is for information purposes only. Nothing contained on this Website shall be construed as providing consult or advice to you. Although we shall make all reasonable efforts to ensure that the information provided through this website is accurate, reliable and up to date, we make no representations or warranties of any kind, express or implied, as to the operation of this website, the completeness, precision, timeliness or accuracy of the information and material contained on this website, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement, system integration, data accuracy, quiet enjoyment and freedom from viruses or other harmful code. You expressly agree that your use of these services is at your sole risk. The website and the content therein are delivered on an “as-is” and “as-available” basis and no license to the user is implied in these disclaimers.
Talk and its officers, directors and employees disavow any liability for any consequential, possible and indirect damages or for escaped profit, including profits not made, loss of data, suspension of activity, damages to the fame or reputation, or any other damage of whatever nature that could arise from the use of its Website, or the content thereof, or from the inability to use or access the Websites, or through the use of, and/ or reliance upon any information obtained either directly or indirectly from this Website, regardless of whether such damages could have been foreseen or whether they arise due to tort or by negligence, based on the applicable laws.
The User agrees to indemnify to the fullest extent, defend and hold Talk and its officers, employees harmless of any and all claims, damages, losses, liability, and/or costs (including reasonable attorney’s fees) we incur that arise out of any breach by you of these Terms, any actions you take which disrupt access to and/or the functioning of our website, including as a result of any UGC that you post to our website or any liability we might incur as a result of the use of or website by you.
9. Applicable Law and Jurisdiction
The above Terms and Conditions of use, as well as any amendment to them and any dispute or claim arising out of or in connection to them or their subject matter, are governed and completed by the Swiss law. The Courts of Zürich, Switzerland, will have exclusive jurisdiction over any claim arising from, or related to the present Terms and Conditions, and/or your access to and use of the Website.
10. Contact Details
For further information about us or if you have any queries or concerns regarding the present Terms and Conditions, please contact us via email at: email@example.com.
Last revised: 21.09.2022