API Terms → Datawitness Consumer API Terms of Use

Last Updated: August 13^th, 2008

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS API.

By accessing and using this Datawitness Consumer API (the "API"), you explicitly agree to comply with and be bound by the following terms and conditions (the "API Terms of Use"), which Datawitness may change at any time. Please review these terms and conditions periodically and check the version date for changes.

1. Services

The API is a Datawitness Online Ltd. service that allows pre-approved licensees to submit and retrieve certain data on behalf of Datawitness Online Ltd. users. Datawitness reserves the right to modify or discontinue the Services or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Datawitness shall not be liable to you or any third party should Datawitness exercise its right to modify or discontinue the Service or part of it.

2. Copyright and License

You are granted a limited, non-sublicensable right to access the API, use the Services and Datawitness Data For non-commercial or personal use. Commerical use is defined as charging end users for access to the Datawitness Data and/or selling the data to third parties. We reserve the right, without notice and in our sole discretion, to terminate your license to use the API, and to block or prevent future access to and use of the API.

This license is subject to the following restrictions:

• You may not use the APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
• You may not use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the Datawitness General Terms or these API Terms;
• All calls to the API must reference the API Key issued to you as an approved licensee.
• You agree that you will provide the Datawitness Data to users on "as is" terms, with disclaimers substantially equivalent to those set forth in Section 14.
• You agree to keep the API Key confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and API Key. You may not sell, lease, share, transfer, or sublicense the APIs or access or access codes thereto or derive income from the use or provision of the APIs, whether for direct commercial or monetary gain or otherwise, without Datawitness's prior, express, written permission;
• You may not use the APIs in a product or service that competes with products or services offered by Datawitness Online Ltd.;
• You may not retain any copies of the Datawitness Data. Your license to Datawitness Data is limited to making direct server calls to Datawitness Online Ltd. for the Datawitness Data and to distributing the Datawitness Data to your end user on your Web site(s), immediately upon receipt by your servers.
• You may not present the Datawitness Data (or permit the Datawitness Data to be presented) so that it appears to be available from a third party Web site.
• You may not use the Datawitness Data for any marketing (i.e., mailing) or telemarketing lists;
• You may not separately extract and provide or otherwise use data elements from the Datawitness Data to enhance the data files of third parties.
• You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the API or any data provided by Datawitness Online Ltd.
• You are limited to one thousand (1000) calls to the API per day. Datawitness Online Ltd. may approve higher daily call limits if you adhere to these API Terms of Use and pass a Datawitness review.
• If you become aware that any user of your implementation is in material breach of these API Terms of Use, any provisions you are required to offer under these API Terms of Use, or the terms of Datawitness Online Ltd. Terms of Use linked pursuant to Section 3 and the API Network Attribution Requirements (the "Applicable Terms"), then you agree to notify Datawitness Online Ltd. promptly of such breach by e-mail to noc@datawitness.com, and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of Datawitness Online Ltd., you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to Datawitness Online Ltd. or its licensors, or (b) assign any of your applicable rights to permit Datawitness Online Ltd. or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the API.

3. Trademarks and Service Marks

The Datawitness name, logo(s) and links to Datawitness Online Ltd. are copyrighted and ALL RIGHTS RESERVED Copyright © 2008 Datawitness Online Ltd. You are granted a limited, non-sublicensable right to access this API, use the Services for your personal, non-commercial, and informational use only. You agree to use the Services in accordance with the API Attribution Requirements set forth below. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

4. Acceptable Use

You agree not to use the API, Datawitness Data, or Datawitness Brand & Links in any way that is unlawful, or harms Datawitness Online Ltd., its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 10 below, Datawitness Online Ltd. may terminate your use of the API, Datawitness Data and Datawitness Brand & Links if and when Datawitness Online Ltd. determines that your use is inappropriate.

5. Limited Relationship

You and Datawitness Online Ltd. are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the API, you agree not make any other public statements that assert or imply any other relationship with Datawitness Online Ltd., unless you have Datawitness Online Ltd.'s prior written approval.

6. Indemnity

You agree to hold harmless and indemnify Datawitness Online Ltd., and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the API or Datawitness Data, use of Datawitness Brand & Links other than as set forth in the API Attribution Requirements, violation of these API Terms of Use or other actions connected with use of Datawitness Online Ltd. services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Datawitness Online Ltd. will provide you with written notice of such claim, suit or action.

7. NO WARRANTIES

THIS SITE, THE MATERIALS, DATA, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

8. LIABILITY LIMITATION

IN NO EVENT SHALL DATAWITNESS, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE API OR DATAWITNESS DATA, THE DATAWITNESS DATA OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Intellectual Property

The API, Datawitness Data, and Datawitness Brand & Links are the property of Datawitness Online Ltd., and subject to the intellectual property rights of Datawitness Online Ltd. and its licensors. (c) 2008 Datawitness Online Ltd.. All rights reserved.

10. Modification

Datawitness Online Ltd. may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.

11. Termination

Datawitness Online Ltd. may change, suspend or discontinue the API and suspend or terminate your use of the API, Datawitness Data, and/or Datawitness Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the API, Datawitness Data, and Datawitness Brand & Links, removing implementation of the API from your Web site(s), and deleting all copies of the Datawitness Data and Datawitness Brand & Links.

12. Choice Of Law, Waiver, And Claims

These API Terms of Use shall be governed by the laws of British Columbia without regard to its conflict of law provisions. Datawitness's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. General

You represent that you have the authority to bind the organization (if any) identified in your application for the API. You agree not to export from anywhere any part of the API, Datawitness Data, or Datawitness Brand & Links provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the Canadian government, the API, Datawitness Data, or Datawitness Brand & Links are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Datawitness Online Ltd. may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your API Key to any third party. Datawitness Online Ltd.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and Datawitness Online Ltd. with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Datawitness Online Ltd. with respect to the API, Datawitness Data, or Datawitness Brand & Links.

14. Datawitness Attribution Requirements

To comply with the API Terms of Use, you must display attribution on your web site or client application if API content or data are served from your website or client application.

Last Updated: August 13^th, 2008