Terms & Privacy

Terms of Service

You are now reading Trendr’s Terms of Service, meaning the contract between you and Trendr’s site, services, and products. You should read this carefully before you use Trendr. If you have any questions or suggestions, feel free to email us. We’ve also included several annotations; these annotations aren’t a part of the contract itself, but are intended to help you follow the text and emphasize key sections.

Accepting the Terms of Service

Please read these Terms of Service, our Privacy Policy, carefully before using Trendr.com (the “Site”) and/or the other domains, products, services, and/or content provided by Trendr, Inc. (all of those collectively with the Site, the “Services”). By using or accessing the Services, you (“User” or “you”) agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn’t and aren’t permitted to use the Services.

Modifications to this Agreement

Trendr reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. As Trendr grows, we will have to make changes to the Terms of Service.

Use of the Services

Eligibility:

No individual under the age of thirteen (13) may use the Services or provide any information to Trendr or otherwise through the Services (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Services if you can form a binding contract with Trendr and are not legally prohibited from using the Services.

You have to be at least 13 years old to use Trendr. If you’re younger than 13, don’t use Trendr. Service Changes and Limitations:

Registration

As a condition to using certain of the Services, you may be required to create an account (an “Account”) and select a password and Trendr username, which will serve as a default URL of the form [username]. trendr.com (a “Trendr URL”).

You agree that you shall not select or use as a Trendr URL a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. Trendr reserves the right to refuse registration of, cancel, or modify a Trendr URL in its sole discretion.

Don’t choose a Trendr URL with the intention of impersonating someone/something or otherwise causing confusion about who’s behind your profile. Parody, criticism, and other fair uses of others’ names are fine, so long as there’s no intention to impersonate or confuse.

Privacy

Any information you provide to Trendr is subject to Trendr’s Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Content and User Content

Definitions:

For purposes of this Agreement: (1) the term “Content” includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, geolocation and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term “User Content” is all Content that is posted or otherwise provided or transferred to the Services by a User (including, without limitation, by you); and Content also includes, without limitation, all User Content.

User Content License to Trendr:

When you use User Content on Trendr through the Services, you give Trendr a nonexclusive, worldwide, royalty-free, sublicensable, transferable right and license to host, store, cache, reproduce, use, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify.

Trendr Accounts

Trendr makes available specialized profiles for Premium and Professional accounts. Such Accounts are available for purchase as a Paid Service (Monthly Subscription). Purchased Premium Accounts may not be transferred between Accounts, between users, or between Services on a single Account and are subject to the subscription payment terms.

Special Provisions for Application Developers

If you develop software or services based on the Services or any Content, whether using the Trendr Application Programming Interface or not, you will agree to and comply with the Trendr Application Developer and API License Agreement. Use of Trademarks Any use of Trendr’s trademarks, branding, logos and other such assets in connection with the Services shall be in accordance with the Trendr Trademark Guidelines.

e.g., Trendr professional, Trendr Premium are available for purchase as a Paid Service. Purchased Premium and Professional Accounts may not be transferred between Accounts or between Services on a single Account and are subject to the payment terms herein.

Special Provisions for Promotions

Some features of the Services may allow you to promote yourself to other Users, and some of these features may be Paid Services (“Promotions or Ads”). For example, you can use Trendr’s Highlighted Post Paid Service to draw extra attention to your posts when they appear in the Discovery Page of Trendr. This section covers the rules and sets some expectations around paid promotion features like Professionals Accounts, Premium Accounts, Display Ads and Highlighted Posts. The following additional terms apply to Promotions: Things that you promote will comply with this Agreement; if they don’t, Trendr reserves the right, in its sole discretion, to cancel a Promotion without refund or recourse to you. Trendr may remove or disable any Promotion for any reason in its sole discretion. Trendr does not guarantee any activity that Promotions may receive, including but not limited to clicks, Likes. Trendr cannot control how Users interact with Promotions and is not responsible for “click fraud” or other fraudulent actions by third parties, including, without limitation, Users. Trendr doesn’t guarantee that its reporting related to Promotions will be accurate or complete, nor does it guarantee that Promotions will behave in a particular manner, and Trendr shall not be liable to you or responsible for any erroneous reporting about or errant behavior of or related to Promotions. You can cancel certain Promotions at any time (depending on their functionality), but are responsible for paying for Promotions at least to the extent they have already been distributed through the Services.

By submitting a Promotion, you license Trendr to run that Promotion for as long as you have specified, which, depending on the Promotion, may be perpetually. This license ends when the Promotion has completed or been cancelled, but it may take up to twenty-four (24) hours before a Promotion stops being reflected on the Services.

Paid Services

Some of our Services require payment of subscription fees (including without limitation Professionals Accounts, Premium Accounts, Display Ads and Highlighted Posts).

Trendr may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided. Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at Trendr’s sole discretion and in accordance with the rules governing each such Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services. For example, if your Account is suspended, you forfeit your license to any Premium Themes you have purchased.

Trendr may change its prices for Paid Services at any time.

Release from Liability

You release, to the fullest extent permitted by law, Trendr, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:

Disputes between Users, including those between you and other Users.

Third party sites and services, including content found on such sites and services.

Disputes concerning any use of or action taken using your Account by you or a third party.

Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content. Claims relating to in any way to any face-to-face meetings in any way related to Trendr at any venues (“Meetups”), including without limitation claims related to the actions or omissions of any Users or third parties who organize, attend, or are otherwise involved in any Meetups; see our Meetups page for more information. Trendr does not sponsor, oversee, or in any manner control Meetups.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Termination

Either party may terminate this Agreement at any time by notifying the other party. Trendr may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Trendr may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Trendr or any third party.

Legal Disputes

You and Trendr agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Trendr otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.

Law and Forum for Legal Disputes:

This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Trendr must be resolved exclusively by a state or federal court located in Los Angeles County, CALIFORNIA, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.

Privacy Policy

1. Information regarding the data controller of TRENDR, S.L.U.’s official accounts on social networks.

Trendr informs all users that their personal data will be treated in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”). TRENDR, S.L.U. wishes to inform users of the social network’s policy regarding the processing and protection of personal data of individuals who voluntarily access and use official websites of TRENDR, S.L.U. (Trendr). Access to and use by the user of Trendr official websites supposes that the user expressly accepts this privacy policy and gives their consent to the processing of personal data as provided therein.

2. Data on under aged users

Access and registration on this network is not allowed to minors under fourteen (14) years of age, and this also means that the access and use of children under fourteen (14 years) on any website of Trendr is prohibited. If the user is disabled, Trendr warns that parental consent and/or assistance from the user or their legal representative for access and use of the official websites of Trendr will be necessary. Trendr is expressly exempt from any liability that may arise from their official websites being used by minors. In each case the responsibility will be that of the legal representatives.

3. Controller Identification

The user is hereby informed that Trendr with business headquarters at C/ GRAN VIA, 657, 1º 1ª – 08010 Barcelona, Spain, is responsible for files and for processing information through which personal data of the user is collected and stored as a result of the registration and use of social networks on which Trendr is present.

4. Purposes for which the personal data, information and consent are intended

Personal information provided voluntarily by the user to the Trendr through their official website will be part of data processing, responsibility of Trendr in order to provide information about Trendr by email, fax, SMS, MMS, social networks or any other electronic or physical means, present or future, which enables commercial communication, sending newsletters to users who subscribe and the exchange of information with other users and Trendr.

From the moment that the user uses this official website he is providing his free, unequivocal, specific, informed and express consent to the processing of their personal data to the Trendr for the proper provision of such services in accordance with the provisions of this policy.

The user is free to use the official website of Trendr in social networks on which the company is present, and in the case that the user does not agree to the processing of data for such purposes, he shall refrain from using or providing his personal information.

Through official websites of Trendr, users can share text, photos, videos and other information and / or content which will be subject to both Trendr’ Privacy Policy, Social Media Policy and the Rules and Conditions of the Platform being used. The user will be responsible for all content published and must comply with current legislation, policy and the policy of the platform.

Users may only post personal data, photos and other content and information which they have ownership of and is their property or for which it holds the third-party authorization.

Trendr is entitled to delete any social media account it owns. It is entitled to delete any “post” on its social media account unilaterally and without prior notice or authorization to any user, when the user infringes or violates any law or the rules set out in this policy or the platform standards.

5. Identification of the communications Trendr intends to carry out via social networks

The user is informed that all information and content posted on the official website of Trendr or on any company account on a social network may be visible by the other users of the official website and social networking platform. Therefore, all information and user content published on the official account of Trendr in any social network will be communicated to other users by the very nature of this service.

6. Other third-party service providers

Trendr advises the user that this entity is only responsible for and ensures data confidentiality, security and processing under this policy with respect to the personal data that is provided by the user through the company’s official page on the social network and does not take any responsibility for the treatment and subsequent use of personal data that could be carried out by the owner of the social network or third party providers of information, companies that could access such data because of the provision of services or performance of its business, establish hyperlinks to third party social networks, nor for those responsible for hyperlinks which Trendr refers users to this official page.

7. Data

Trendr advises the user that other than the existence of legally-constituted representation, users may not use another person’s identity and communicate that person’s personal data. This means that the user shall at all times keep in mind that he can only provide relevant personal data concerning his own identity and it must be adequate, relevant, current, accurate and true. In any case, the user must respect the privacy of others, whether or not they are users of this social network or the official website of Trendr.

8. Rights of access, rectification, cancellation and data opposition

Trendr informs the user that he may exercise his rights of access, rectification, cancellation and opposition in writing to Trendr via email to info@trendr.com or via mail to the address: C/ GRAN VIA, 657, aº 1ª – 08010 BARCELONA, Spain, or to the address as disclosed in the General Data Protection Registry. For this purpose, the user shall send written communication to Trendr indicating the request or exercising his rights, along with a copy of his ID or legally valid document as proof of identity, explicitly stating his username on the social network where the Trendr company account resides in order to be correctly identified.

9. Cookies

When you visit our website, our system automatically collects information about your visit, such as your browser type, your IP address, and the referring website.

This collection may be done in conjunction with our vendors and partners (see data processors list below). We may receive from them general demographic or usage data of our site visitors. We do not use automatically collected information to identify you personally without collecting additional consent.

Such information is typically collected using web cookies, web or email pixels (also known as beacons), embedded hyperlinks, and similar tools. Popular browsers can generally be set to disable or delete individual cookies. See below for the types of cookies we use and their respective purposes.

Functional Cookies: allow us to analyze your website usage so we can offer you a more personalized experience.
Advertising Cookies: allow us to better assess the effectiveness of our content marketing and advertising efforts. These cookies are provided by our third-party partners to analyze and track site visit and signups stemming from advertising. We do not share your personal information (such as name or email) to third-party providers outside of site visit data collected directly by such Advertising Cookies, though your site visit data may be linked with other personal information collected elsewhere by such third-party providers. Such external data processing is governed by the privacy policies of these third-party providers.
See below for descriptions about the cookies used on our websites and how you can opt out from them.