Welcome to the TechTarget Network. Please read these conditions carefully before using the TechTarget Network of Sites. Using the TechTarget Network is allowed only in accordance with these terms. These Terms of Use (ToU) govern all contractual relationship between You and Tech Target Inc., 275 Grove Street, Newton, MA 02466 USA, a Delaware corporation, (“Company” or “we,” “our,” or “us”), contrary Terms of Use of the user are not accepted by TechTarget and hereby disagreed.
You can print and save the ToU by following this link.
Company may change the ToU at any time under consideration of the needs of the user. This changed ToU will be sent to the user via e-mail. The user can accept or object to the changes within 4 weeks after receiving notice of changes. If the user does not give any answer within the mentioned term, it will be understood that you accept the new version. If the user does object Company has the right to terminate the contract. In case the Company decides to terminate the contract, the Company will communicate you such termination 4 weeks in advance of the termination effective date, or as otherwise further described below in Section 12 “Termination of Service.” The Company will refer to the right to object the changes and the consequences of such an objection in the notification-e-mail.
1. Services and Terms of Use
As part of our service, Company owns or controls, and provides access to the TechTarget Network and agrees to provide you with information libraries, bulletin boards and other computer services (the “Services”) that the TechTarget Network may decide to offer, subject to these terms of use (this “Agreement”). You agree and continue to agree to use the TechTarget Network Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in this Agreement. Please note that you will be referred to as “Customer” or “User” from time to time in this Agreement.
2. Registration and Conclusion of Contract
You can visit certain content of the TechTarget Network without registration to our service. The use of our content is allowed according to our license-agreement contained in this ToU.
To benefit from all the advantages, our website provides, you will have to register. To provide you with the best and most useful Content and services, and to offer you opportunities to obtain other products and services from us and our partners, we require that you register with us. By registering you certify that all information and data provided by you are true and authentic and that you are allowed to transfer such information to us. You may not register more than once and have to use your actual name, no alias.
You can choose your own password and you certify to keep this password secret and will not disclose such password to a third person. Company will at no time transmit your password to third parties and Company or its affiliates will never ask you to disclose your password.
By registering you send an offer to close a contract to Company and Company will accept your offer by sending you an e-mail with a confirmation link and activating your account. After this activation the contract between you and us is concluded.
Contracts with third parties that own or sponsor Content on the TechTarget Network (“Content Sponsors”) or other third parties are not part of these Terms of Service, Company is not part of contractual relationships you may have with third parties even if the third party was accommodated over this website.
Right of Revocation and Warranty of Conformity for Consumers
If you register with the TechTarget Network for a purpose that can neither be attributed to your commercial nor to your independent professional activity the following provisions apply to you as a consumer:
You may declare the revocation of your contractual statement in text form by letter, electronically by clicking here. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form, together with the merchandise, stating the name and address of the person to whom the revocation must be sent and the identifying details of the contract and contractors to which it refers. The revocation period commences the day following the receipt of merchandise. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. This right shall be considered validly exercised by sending the withdrawal document or returning the products received.
To declare revocation of your consent for data processing, click here.
The revocation is to be addressed to:
Tech Target Inc.,
275 Grove Street,
Newton, MA 02466 USA
The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software that may have been unsealed by the consumer or user, as well as computer files supplied electronically and which may be downloaded or copied immediately for permanent use, or for the delivery of newspapers, periodicals and magazines, or on contracts to render services, the performance of which has already begun, with the consumer or user’s agreement, before the end of the revocation period.
Consequences of Revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us and such impossibility is attributable to you, then you have to compensate us for the market value of the merchandise or the non-restituted parts at the time when the revocation was exercised, with the maximum amount of the purchase price. If you can only restitute the merchandise in a deteriorated condition, then you have to insofar compensate us for the deterioration. This does not apply if the deterioration is exclusively due to the nature of the merchandise, or examining the merchandise, or its use in accordance with the agreed terms.
Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
In case the merchandises received are not in conformity with the description of the merchandise, are not suitable for the uses for which merchandises of the same type are usually intended, you have the right to have the merchandise repaired or replaced, or when this is not possible, to a reduction in price, or to the termination of the contract. This warranty of conformity shall apply during the 2 years period following the delivery of the merchandise. Save for evidence to the contrary, it shall be presumed that any lack of conformity appearing within six months following the delivery of the merchandise, already existed when the item was delivered, except where this presumption is incompatible with the nature of the merchandise or of the lack of conformity.
3. Rules for Conduct; User Content License
You must not use the TechTarget Network in any way that causes, or is likely to cause, TechTarget Network or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Company, are responsible for all electronic communications and content sent from your computer to us and you must use the TechTarget Network for lawful purposes only.
Users of the TechTarget Network may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). By using the TechTarget Network, you agree that you will not post any of the following material:
- Material that defames injures, abuses, threatens or invades the privacy of others.
- Statements that are bigoted, hateful, racially offensive or discriminatory for sexual, religious or racial reasons.
- Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
- Material that is protected by copyright and other intellectual property rights.
- Material that contains vulgar, obscene or indecent language or images.
- Advertising or any form of commercial solicitation.
- Material that does not pertain to the webpage or bulletin board’s given topic.
- Material that consists of or contains software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
- Material or statements that violates any commercial, industrial or entrepreneurial secrets.
We reserve the right but not the obligation to remove or edit any User Content. Depending on the nature of the violation, Company at its sole discretion may terminate your account. In case of a severe breach of the obligations above Company will have the right to terminate your account without prior notice. Company is not responsible for the content of such reviews, comments, communications, suggestions, ideas, comments, questions, or other information Users may post or send.
If you do post User Content, and unless we indicate otherwise, you (a) grant Company and its affiliates a non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media; and (b) Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such User Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Company, including the execution of deeds and documents, at the request of Company.
You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that, as at the date that the User Content is submitted to the TechTarget Network: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach this Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory).
4. License for Website Use
Company grants you a limited license to access and make personal use of the TechTarget Network, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the TechTarget Network or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The TechTarget Network or any portion of the TechTarget Network may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s or its affiliates’ names or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of the TechTarget Network as long as the link does not portray the TechTarget Network and/or Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter, does not portray the TechTarget Network and/or the Company or its affiliates as offering the products or services offered in the website including the hyperlink, and the website including the hyperlink does not contain any illegal information or contents or infringing third party rights. You may not use any Company logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Intellectual Property Ownership; License
The past, present and future the TechTarget Network content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the TechTarget Network, including without limitation, the “look and feel” of the TechTarget Network (collectively, “Website Content”) are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property rights and are the property of Company, its parent, subsidiaries, affiliates, or its licensors. This shall also apply if the content should not be on the cusp of an art-work according to the respective copy-rights-act. Except as expressly set forth in this Agreement or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Website Content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the TechTarget Network. Copying, archiving or storing any part of the TechTarget Network for a purpose that is not permitted by this Agreement is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the TechTarget Network.
Subject to your strict compliance with this Agreement Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the Website Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Website Content or any copy you may make of the Website Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the TechTarget Network’s software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the TechTarget Network create to generate its web pages; or any software or other products or processes accessible through the TechTarget Network; and (iii) do not insert any code or product to manipulate the Website Content in any way that affects any user’s experience.
6. Privacy
Please review our Privacy Policy which also governs your visit to the TechTarget Network, to understand our practices.
7. Limitation of Liability and Warranty
Claims for damages – on whatever legal reason – against COMPANY (including its subcontractors and affiliates) on ordinary negligence, exist only if an essential contractual obligation (cardinal obligation) has been violated. A major obligation is a duty, the user could rely on and the fulfillment of these obligations are essential for the execution of the contract in the first place.
In this case Claims for damages are limited to typical and foreseeable damage.
The restrictions do not apply if the damages are covered by public liability insurance of Company and paid by the insurer to Company. Company agrees to maintain insurance coverage existing at contract completion.
Claims for personal injury and property damage for intentional or gross negligent action remain unaffected. The aforementioned liability limitations shall also not apply in the case of explicit guarantees by Company and for claims due to lack of assured attributes.
In case of a loss of data Company shall be liable only for the expenditures needed to recover the system out of a conventional data-back-up.
8. Links to Other Sites
The TechTarget Network may contain hyperlinks to other web sites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the TechTarget Network and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the TechTarget Network. Company may not have knowledge of the content presented by any Other Site. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Company of any Other Site(s) or resources, or their content. The TechTarget Network is only providing these links to you as a convenience.
9. Trademarks
All trademarks appearing on the TechTarget Network are trademarks of their respective owners.
10. Notice
Company may give notice to Customers by means of a general notice on the TechTarget Network, electronic mail to Customer’s e-mail address on record in the TechTarget Network’s account information, or by written communication sent by first class mail to a Customer’s address on record in the TechTarget Network’s account information. You may give notice to Company (such notice shall be deemed given when received by Company at any time by any of the following:
- E-mail to [email protected]
- Letter faxed to Company at the following fax number: (617) 431-9201;
- Letter delivered by first class postage prepaid mail or courier to Company at the following address:
275 Grove St.
Newton, MA 02466
U.S.A.
Attention: Member Services
11. Indemnification
Customer agrees to indemnify and hold Company harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Company harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to Customer’s violation of this Agreement, including without limitation the Rules of Conduct at Section 2.
All other rights and claims for damages of Company remain unaffected. The user has the right to prove that lower costs have actually incurred.
The obligations of the user above will not apply if the user is not responsible for the infringement.
12. Termination of Service
Service shall be available for an unlimited period of time, until Service is terminate by the Company. User may terminate this Agreement and User’s right to use the TechTarget Network notifying Company using the contact information provided in Section 10. Company may terminate the service as a whole announcing such termination in the TechTarget Network four weeks in advance; provided; however, that your account or access rights to this Service can be terminated at any time, without notice, for conduct that Company believes violates this Agreement or other policies or guidelines that Company has posted on the TechTarget Network in a severe way. Further, Company may terminate your account or access rights to this Service for online conduct that Company believes is harmful to other Customers, to Company’s business, or to other information providers.
13. Copyright Infringement or Harming Content
If you believe that your work has been copied in a way that constitutes copyright infringement or you that some of the content may harm your rights in any other way, please provide Company’s the following information: (a.) Send us a written complaint about the content and of the right that is allegedly infringed either via mail or by e-mail containing your full name, address and all information reasonably sufficient to permit us to contact the complaining party, b.) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law or that the content interferes with other absolute rights (personal rights e.g.). c.) Company will then inform the content provider by the allegedly infringing content and give him the opportunity to comment on that complaint. d.) If Company does not receive an answer from the content provider within 10 working days, the content will be taken down. e.) If the content provider proofs his rights, the statement will be sent to the complainant with the address of the content provider and the information that the content seems to be legal and that it will be only taken down if the complainant will show a court-decision or settlement against/with the content provider.
Company’s copyright agent for notice of claims of copyright infringement on or regarding the TechTarget Network can be reached as follows:
- By mail:
275 Grove St.
Newton, MA 02466
U.S.A.
Attention: Member Services - By email: [email protected]
14. Children
The TechTarget Network does not sell products or services to children. If you are under 18, you may use the TechTarget Network only with the involvement of a parent or guardian.
15. Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous written agreements, proposals and communications.
In case of an invalid clause in these ToU all other clauses shall remain unaffected and the invalid clause will be replaced by the hypothetic will of the parties closest to an economic solution.
All contractual relationship shall be ruled by United States laws without UN-Trade laws. Court of jurisdiction and place of fulfillment is Newton, MA 02466.
© 2013 TechTarget, Inc. or its affiliates. All rights reserved.
