Sapient RSS Feed: Terms of Use


The RSS feeds offered by Sapient (the “RSS Feed”) is a means by which Sapient Corporation and its affiliates (“Sapient”) offers content to visitors to www.sapient.com (the “Website”) who use RSS aggregators. These Terms of Use (“Terms of Use”) govern your use of the RSS Feed. These Terms of Use may be updated  by Sapient from time to time without notice and any such update shall be deemed effective immediately upon posting to the Website. You must review the Terms of Use regularly so that you are aware of any updates to them.
Your download and/or use of the RSS Feed indicates your agreement to these Terms of Use.


1. Licence

Subject to your compliance with these Terms of Use, Sapient grants you a non-transferable, non-sublicensable, non-exclusive licence to download, access or display on Your Website or via your aggregator RSS Feed the headlines, summaries, active links or other source identifiers and other information or materials that you receive via the RSS Feed (the “Content”).


2. Use of Content

2.1     You shall not remove any copyright notices or other identifiers from any Content that you download, access and/or display in any medium.
2.2    You shall not, directly or indirectly, charge any fee in exchange for the right to view or access the Content and nor shall you attempt to sell, license or otherwise commercialise the Content in any way.
2.3    If you display the Content on a website owned or controlled by you (“Your Website”), you must create a functional link back to such Content. If you are displaying the RSS Feed where a functional link back to the Website is not possible, you shall display on Your Website the URL from which such Content may be obtained. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable Sapient web page on the Website. Any other uses, including the incorporation of advertising into or the placement of advertising associated with or targeted towards the Content, are strictly prohibited.
2.4    You may not directly or indirectly suggest any endorsement or approval by Sapient of Your Website or any non-Sapient entity, product or content or any views expressed within Your Website or service.
2.5    Sapient has absolute editorial control over all RSS Feeds and Content. You shall not edit or modify any Content or any other content on the Website.
2.6    You shall advise users of Your Website that their downloading and/or accessing of any Content is subject to these Terms of Use.
2.7    Any website on which you display or make available the Content shall not contain any material which is libellous, defamatory, pornographic, obscene, illegal or which is in breach of any third party intellectual property rights or which may otherwise damage Sapient’s reputation or bring Sapient into disrepute. 
2.8    Should you have any queries relating to use of the Content (including web posting, reprint, transcript or licensing requests for Sapient material), please submit your request to http://www.sapient.com/connect/RequestInfo.htm.

3. Ownership

3.1     You acknowledge and agree that Sapient retains all ownership and other rights in the Content including any and all Sapient logos and trademarks used in connection with the RSS Feed.  Except as expressly provided in these Terms of Use, nothing shall be construed to grant to you any right, title or interest in or to the RSS Feed or the Content.
3.2     You must ensure that all Content on Your Website has an attribution to the appropriate Sapient website in connection with your use of the RSS Feed. If you provide this attribution using a graphic, you must use the appropriate Sapient logo that has been incorporated into the RSS Feed.


4. Representations and Warranties

By accessing the RSS Feed, you represent and warrant that you shall comply at all times with all of the provisions contained in Sections 2 and 3 above.


5. Limitation of Liability

5.1    YOU ACKNOWLEDGE AND AGREE THAT THE RSS FEED IS MADE AVAILABLE BY SAPIENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SAPIENT GIVES NO WARRANTY OF ANY KIND IN RELATION TO THE RSS FEED, THE CONTENT OR ANY CONTENT ON THE WEBSITE. YOUR USE OF THE RSS FEED AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW SAPIENT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY AND ACCURACY REGARDING THE RSS FEED, THE CONTENT, THE WEBSITE AND ANY CONTENT ON THE WEBSITE.
5.2     TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SAPIENT EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING ANY LIABILITY ARISING IN RELATION TO THE RSS FEED, THE CONTENT OR ANY OTHER CONTENT ON THE WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF THE CONTENT.
5.3    WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT.


6. Indemnity

You shall indemnify and keep Sapient fully and effectively indemnified in respect of all damages, costs and expenses (including reasonable legal fees and litigation expenses) arising directly or indirectly out of, or as a result of, any breach of these Terms of Use or otherwise in connection with your use of the RSS Feed and the Content.

 

7. Termination
7.1     Sapient reserves the right to restrict, suspend or terminate the RSS Feed, the Content, these Terms of Use, the licence granted in these Terms of Use or your access to the RSS Feed at any time, with or without notice, and without liability to Sapient. You agree to cease displaying, distributing, or otherwise using any or all of the RSS feeds and to destroy all copies of the RSS Feed and any Content upon receiving notice of termination from Sapient.
7.2    Sections 4, 5, 6 and 8 shall survive termination of these Terms of Use.


8. General

8.1    These Terms of Use constitute the entire agreement between you and Sapient concerning use of the RSS Feed and the Content and supersede all prior agreements, arrangements and understandings, whether written or oral, with respect thereto. 
8.2    Any failure or delay by either party in exercising its rights under any provisions of these Terms of Use shall not be construed as a waiver of those rights at any time now or in the future.
8.3    No agency, partnership, franchise, or joint venture is created among or between Sapient on the one hand, and you on the other, by these Terms of Use or your use of the RSS Feed or the Content.
8.4    Nothing in these Terms of Use are intended to confer on any third party (whether referred to in the Terms of Use by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Use.
8.5    If any provision set forth in these Terms of Use is held by any court or competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining provisions which will continue to be valid and enforceable to the fullest extent permitted by law.
8.6    These Terms of Use shall be governed by the laws of the State of New York, USA, and the parties hereby submit to the non-exclusive jurisdiction of the Federal and State courts situated in New York State with respect to any dispute arising in relation to these Terms of Use.