The Linkreaser Service is developed by OgilvyOne Worldwide, a simplified joint-stock company with a share capital of 3,386,493 euros, registered with the Paris Trade and Companies Register (RCS) under number 323 141 317, and with a registered office at 32-34 rue Marbeuf 75008 Paris (hereinafter "Ogilvy").
Any use of the website (hereinafter the "Site") that hosts the Linkreaser service as defined below (hereinafter "Linkreaser Service" or "Service") constitutes acceptance of the following conditions:
1. 1. Users
Only those aged 13 or over who have an account with Ogilvy can access the Linkreaser Service (hereinafter "Users").
Access to a User's account entails having a Twitter account and an email address, and using their respective passwords. All passwords are strictly personal and confidential. The User agrees not to communicate his/her password to any third party and to ensure that it remains confidential. Any visit to or action on the Site that involves using the User’s password is deemed to be made by the User, as evidenced by Ogilvy’s registries and logs.
Any User under 18 must first obtain permission from their legal representative before registering for and using the Linkreaser Service. Ogilvy reserves the right to verify the age of Users and/or ask Users to prove they have obtained parental or legal authorization.
Users may delete their account at any time, without affecting Ogilvy’s ability to continue to use the User’s earlier content contributions, in particular for statistical analysis purposes.
A single natural or legal person may only open one account on the Linkreaser Service.
2. Description of the Linkreaser Service
The Linkreaser service allows each User to re-post messages on their Twitter account that were first posted by others on the Twitter social network (hereinafter "Tweets" posted by "Twitter users") after making an automatic or manual selection based on keywords previously entered by the User. It also keeps track of Twitter users recommended by Linkreaser based on the keywords previously entered by the User.
The Linkreaser Service contains additional features. For example, Users can access a dashboard displaying the Tweets and Twitter users recommended to a User, together with the changes in the visibility of the User’s Twitter account. A further feature of the Linkreaser Service allows the User to calculate the degree of proximity between the selected keywords and the Tweets or Twitter users suggested by the Linkreaser Service. The User can therefore label these recommended Tweets as "favourites" and/or follow the Twitter users who published these Tweets. There are two options for adding Tweets to favourites: the User can either choose the automatic mode so that all Tweets that match the keywords entered are automatically labelled as "favourites", or the manual mode, in which the User him/herself decides which Tweets they want to label as "favourites".
Initially, during the beta phase, Users may use the Ogilvy Linkreaser Service free of charge.
At the end of the beta phase, Users may subscribe to the Service by choosing one of three different options. Ogilvy reserves the right to terminate at any time the beta phase and the free Linkreaser Service associated with this testing phase. Users will however be informed of when the beta phase will end at least 10 days before this occurs.
At the end of the beta phase, the User will be invited to subscribe to one of the 3 following subscriptions options :
- A Free option, offered for a trial period of 30 days ;
- A Basic option and a Premium option, for which the prices and conditions will be determined at the end of the beta phase.
A single account can only benefit from the Free option once, with the exception of occasional promotional offers.
The User acknowledges that the Linkreaser Service depends on the availability and proper functioning of Twitter, as well as on the use of electronic hardware (e.g. desktop or laptop computer, mobile tablet, or smartphone) connected to the Internet.
The Linkreaser Service and its features may change at any time as new versions are uploaded by Twitter and/or Ogilvy. Ogilvy therefore reserves the right to publish new versions of the Site and require that Users install the latest version on their device.
3. 3. Linkreaser Service content
The service essentially allows Users to read content provided on Twitter and to publish content on Twitter. The User therefore acknowledges that any content found on Twitter, whether public or private, remains under the sole responsibility of the person publishing this content.
The User therefore agrees to use the Linkreaser Service at their own risk as the sole person responsible for the content published on Twitter via the Linkreaser Service. Ogilvy provides no guarantee as to the relevance, timeliness, completeness, permanence or suitability of the information and content provided, in relation to the User’s expectations. Similarly, Ogilvy assumes no liability for any damage whatsoever incurred by Users due to any inaccuracy, error, absence or unavailability of the content on the Site.
Users are prohibited from publishing and/or reading via the Linkreaser Service, in particular through the use of keywords, any content that is contrary to the law and public order, including that of a racist, sexist, xenophobic, anti-semitic, or islamophobic nature, any content referring to genocide denial, or of a sectarian, proselytizing, homophobic, defamatory, abusive, obscene or pornographic nature, any message that is hateful, violent or bullying, that defends war crimes or crimes against humanity, incites people to suicide or violence, or is harmful to minors, as well as any content causing a breach of privacy or impeding the rights of others. Users also undertake to refrain from using a hypertext link to any site which displays any of these characteristics. Similarly, Users undertake only to publish content of which they are the original authors, excluding any reproduction of any kind of third-party content (including text, images, photos, videos, etc.). Where applicable, the User is responsible for obtaining any authorizations necessary for publishing their contributions.
In all cases, the User guarantees Ogilvy against all appeals, claims, actions or convictions that may be declared or ruled against Ogilvy due to a User’s contributions, including any resulting direct or indirect moral and material damage, court fees and legal advice.
A User’s content includes their favourites (whether selected manually or automatically), subscriptions to publications of other Twitter users, keywords entered in the Site, responses to tweets provided by the Service ("Reply" function) and the reposting of tweets posted by the Service ("Retweet" function).
4. Availability and integrity of the Linkreaser Service
Given the technical instability inherent to the Internet and to the Twitter API, and the slowdowns, congestion or access difficulties that may arise, Ogilvy provides no guarantee of availability, Site display speed or continuity.
In addition, the User agrees to use the Site for its intended purpose, to respect laws and regulations, and to refrain from any action or attempted action that may damage the Site’s integrity, availability, and more generally Ogilvy’s exclusive rights.
Users shall refrain from any interference with the integrity of the Site, including all attempts to breach the Ogilvy computer system, all denial-of-service attacks or automatic querying, all unauthorized decompiling or reproduction, modification or adaption of the Site and all introductions of malicious code, viruses, spyware or spam, and all resale or re-use of any Service component without Ogilvy’s permission. Ogilvy accepts no liability towards Users in cases of a virus, malware or spam attack resulting from using the Linkreaser Service, and reserves the right to take legal action against anyone responsible for an attack on the integrity or availability of the Site and its content.
Users can send their queries using the contact form available at: www.linkreaser.com/en/contact.
The User acknowledges that the Linkreaser Service is subject to the availability, proper operation of and compliance with the rules governing the use of the Twitter social network, owned by the U.S. Company Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 (hereinafter “Twitter"). The accessibility of the Linkreaser Service is dependent on Twitter’s acceptance of the Linkreaser Service and of the provision of the Twitter API for interfacing between the Twitter social network and the Site. Ogilvy shall not be liable for potential disruptions and interruptions of service attributable to Twitter.
The User therefore acknowledges the rules governing the use of the Twitter social network (available at www.twitter.com) and agrees to comply with these. More specifically, the User agrees not to modify the presentation of the content available on Twitter as presented through the Linkreaser Service or the name of the author of the Tweet, the date and text of the Tweet and the Twitter brand and logos.
The Site is authorized to read tweets from the User’s Twitter stream, to access their subscriptions and follow new people, update their profile and post tweets for them.
The Site cannot read Users’ private messages or access their Twitter passwords. If a User loses this password, he or she must follow the procedure for recovering their Twitter password.
The Linkreaser Service is not affiliated with Twitter and does not claim any rights to elements protected by Twitter’s intellectual property rights.
7. Financial terms
The price of the Linkreaser Service consists of a fixed fee calculated based on the option chosen by the User in accordance with Article 2 of the General Terms.
The prices indicated in Article 2 of the General Terms are indicative and may be increased or decreased at any time by Ogilvy, it being understood that any new prices will take effect when each User’s subscription expires.
Fees must be paid in advance by credit card for each new subscription and for each renewal, using the Ogilvy account to which the user is directed when subscribing to the Service.
During the subscription period, Users are free to change their Linkreaser Service subscription option by choosing a new option and paying for all related fees. No sum invoiced by Ogilvy will be returned at that time.
8. Duration and Termination
However, Users subscribe to the Linkreaser Service for a fixed duration according to the option selected in accordance with Article 2 of the General Terms.
The starting point for the Service period is the date on which Ogilvy receives the User’s payment.
The User may terminate the Service at any time during the Service period by sending an email to the following address: firstname.lastname@example.org. In no event will the termination of the Service result in the reimbursement of all or part of the corresponding fees paid by the User.
In all cases, tacit renewal of the Linkreaser Service is expressly excluded.
After the end of the term of Service, Users will retain access to the Site, and to the data relating to their activity in the Service. These data will be kept on the Site for a period of 36 months so that Users may recover them should they wish to re-subscribe to the Service.
The User may request that their account and persistent data be deleted before the end of this period by sending an email to email@example.com.
Personal data is collected from Users by Ogilvy in order to provide them with the Service. In other words, the data is recorded by Ogilvy, who may transmit User data to subcontractors acting under its responsibility, strictly for the purpose of providing the Service and in accordance with the French Data Protection Act. In addition and if the User agrees, Ogilvy may transmit data to partners who will use the data for commercial purposes, such as electronic prospection by email, SMS, or MMS, or by telephone for goods and services other than the Linkreaser Service. Users can edit their accounts’ privacy settings.
Conformément à la loi n°78-17 du 6 janvier 1978 dite « Informatique & Libertés », le Service Linkreaser a fait l’objet d’une déclaration auprès de la CNIL, et l’Utilisateur dispose d’un droit d’accès, de modification, de suppression et d’opposition au traitement de ses données personnelles. Toute question dans ce domaine, ainsi que les droits d‘opposition, d'accès, de rectification et de suppression portant sur ces informations, s'exerce auprès de la Société à l'adresse suivante : OgilvyOne,Worldwide – Linkreaser - 32-34 rue Marbeuf 75008 Paris, email : firstname.lastname@example.org.
In accordance with the French Data Protection Act No. 78-17 of 6 January 1978 (known in French as "Informatique & Libertés"), the Linkreaser Service has been declared to the CNIL (French data law authority) and Users have a right to access, modify, delete and oppose the processing of their personal data. Any questions concerning this, as well as the right to oppose, access, rectify and delete such information are processed by Ogilvy at the following address: OgilvyOne Worldwide - Linkreaser - 32-34 rue Marbeuf 75008 Paris email: email@example.com.
Users who receive emails from Ogilvy sent for information purposes may unsubscribe at any time via the link in the email or in writing to OgilvyOne Worldwide - Linkreaser - 32-34 rue Marbeuf 75008 Paris email: firstname.lastname@example.org. Ogilvy undertakes to destroy the personal data of Users within three months of the date of receipt of the account closure request sent by the User in question. Previous User contributions remain displayed on the Site.
The Site uses session cookies to ensure that the Site works properly. A session cookie is a temporary cookie that is removed from the User’s computer when the User ends his or her browsing session.
Users are strictly prohibited from republishing outside the Linkreaser Service any personal data of another User to which they had access, from using these data for the purposes of promotion and advertising, or from sending any communication resembling spam.
10. Intellectual Property
Trademarks, domain names and distinctive "Linkreaser" signs are the exclusive property of Ogilvy. Any reproduction, representation or reuse of the Linkreaser brand or domain name is strictly prohibited without prior written consent from Ogilvy, once information on the purpose, duration and operating activity is provided. In addition and by its very nature, the Linkreaser Service includes trademarks, logos and denominations that are all protected as distinctive signs that the User may not reuse.
The Site and its content (source code, texts, images and logos, data, architecture, software and databases) and the Linkreaser Application (modules, graphic guidelines and functions) are the exclusive property of Ogilvy and are subject to copyright, apart from (i) the content and information published on the Twitter network, and (ii) user-generated contributions. Ogilvy alone is legally entitled to reproduce and use this content. In no case shall a consultation of the Service be construed as granting to Twitter or a Twitter user any form of license or authorization to reuse rights and content owned by Ogilvy.
Solely for the purposes of the Services it provides, Ogilvy entitles the User on personal grounds to use the Site made available through its Services on a worldwide, non-exclusive and non-assignable basis in exchange for the full and proper payment of the Service under section 2 of the General Terms. Each User is also entitled to reproduce the content and Tweets provided by Twitter as part of the Service exclusively via their own profile.
The User remains the sole owner of the content they publish. However, they grant Ogilvy personal, free and non-exclusive rights to reproduce, represent, modify and use their content, and reproduce it on the Site and in any Ogilvy promotional document (website or print) worldwide, for the duration of any intellectual property rights that apply to this content, even if the User’s account is later deleted. Users guarantee and indemnify Ogilvy against any action based on a violation of a third party’s intellectual property rights on the basis of their content, under the conditions defined below.
11. Accountability and evidence
Only Users are responsible for their use of the Linkreaser Service and for contributing to their User account, and they should note that Ogilvy bears no obligation towards Users on this subject. Accordingly, Ogilvy disclaims any liability for the content presented on Users’ accounts, including their legality or possible infringement of third-party rights.
Ogilvy shall not be held liable for the content of third-party websites accessible via hyperlinks from other websites to the Site, or vice versa.
In particular, Ogilvy has no editorial control or any choice over User-generated content. Accordingly, Ogilvy hosts such content within the meaning of Article 6 I. 2. of the French Act on Confidence in the Digital Economy No. 2004-575 of 21 June 2004 (hereinafter the "LCEN Act"). All reports of illegal contributions or content should be in the form of and display the information specified in Article 61.5 of the LCEN Act.
Users acknowledge that any electronic communication between themselves and Ogilvy and/or other Users will have the same probative force as paper-based communications. In the event of a dispute, Ogilvy may validly administer evidence of an act or request from a User by virtue of their connection and operation logs that the User acknowledges as constituting the sole proof.
In the event of the invalidity of any provision in the Terms & Conditions or if this provision is void in whole or in part pursuant to a law or regulation or following a final court decision, the other provisions remain in force and are fully binding.
In the event of a dispute, the User and Ogilvy agree to settle the matter out of court. As such, the party wishing to settle out of court shall notify the other party by registered letter with acknowledgment of receipt of its intention to apply this procedure by indicating the difficulties of application that have been encountered. Throughout the period during which such difficulties arise, the parties agree that the continuity of Service outweighs all other considerations. Failing agreement between the parties within fifteen (15) days after the notification referred to above, the parties will again be completely free to act as they wish.