API Science Terms of Service

Terms of Service

Updated January 4, 2017

Welcome to apiscience.com, presented to you by API Science, Inc., a Deleware corporation (“API Science”). On this site, or any related sites (the “Site”), we provide you with services for developers. Your use of the Site and any services provided herein are expressly conditioned upon your acceptance without modification of these terms and conditions and all other rules, policies, and procedures that may be published on this Site or otherwise communicated to you (together, the “Terms of Service”). If you are using this Site on behalf of a business entity, you hereby represent and warrant to API Science that you have the authority to enter into this agreement on behalf of that business entity.

By clicking on the “I Accept” button below, or otherwise using this Site, you agree to fully comply with the Terms of Service. If you do not agree to the Terms of Service by clicking the “I Accept” button upon registration, you will not gain access to the Site.

API Science may modify the Terms of Service from time to time and such modifications, additions, or deletions (the “Amendments”) will be effective immediately upon posting upon this Site, with or without direct notice to you. Your continued use of the Site shall constitute your acceptance of all such Amendments.

1. Privacy Policy - Your use of the Site is conditioned upon your consent to the API Science Privacy Policy located here. The Privacy Policy provides information on how API Science collects, uses, and discloses the information it collects. You hereby represent and warrant to API Science that you have read the Privacy Policy and you agree to be bound by the terms and conditions stated therein.

2. Use of the Site – Conditioned upon your compliance with these Terms of Service, API Science grants you a limited, non-exclusive, non-transferrable, non-sublicensable, non-assignable, revocable license to use the Site solely for your use. API Science reserves all rights not expressly granted herein. This license does not include or authorize, and you agree to refrain from: (a) any resale or commercial use of the Site or the content therein; (b) the collection or use of any user listings, data, profiles, ratings, or descriptions; (c) the distribution, public performance, or public display of any Site content; (d) modifying or otherwise making any derivative uses of the Site, the Site content, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) any portion of the Site, the Site content, or any information contained therein, except as expressly permitted on the Site; (g) decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code for the Site or any software associated with the Site; and (h) altering or removing any copyright, trademark, or other protective notices contained in or on any portion of the Site. Any use of the Site or any content therein, other than as specifically authorized herein, without the prior written permission of API Science, is strictly prohibited and will automatically terminate all licenses granted herein.

3. User Content – This Site includes areas in which users or third parties may post, create, modify, store, or otherwise provide information, text, data or other items (whether requested by API Science or not) (“User Content”). Your use of the Site is conditioned upon the following covenants, representations, and warranties made by you in favor of API Science: (a) you own, or have sufficient legal right to post, create, modify, store, or otherwise provide all User Content; (b) you will not engage in behavior or post any User Content or other content that is illegal or that infringes any third party intellectual property right or privacy/publicity rights; (c) you will not engage in any behavior with respect to the Site or post any User Content or other content that is threatening, defamatory, libelous, false, misleading, hateful, or harassing of any group, or that would encourage or be reasonably likely to result in any such actions; (d) you will not upload any viruses or other harmful code to the Site; and (e) you will not upload spam or other solicitations to the Site. You hereby grant API Science a non-exclusive, royalty-free, worldwide, sub-licensable, transferrable, assignable, non-revocable, commercial license, for the life of the relevant intellectual property right, to: reproduce, prepare derivative works of, distribute, display, publically perform, translate, alter, edit, mutilate (thereby waiving moral rights where possible), make, use, sell your User Content. You further agree to hold API Science and its affiliated companies harmless for any and all damages which may result from User Content submission, including use by unaffiliated third parties. By submitting content to the Site, you and API Science are in no way establishing a joint venture, partnership, or any other business relationship. Lastly, API Science reserves all rights to remove any User Content at its sole discretion at any time for any reason without notice to you.

4. User Content License - By submitting User Content on the Site, you grant API Science a non-exclusive, royalty-free, worldwide, sub-licensable, transferable, assignable, irrevocable, unrestricted, commercial, license, for the life of the relevant intellectual property right, to: (a) reproduce, prepare derivative works of, distribute, display, publically perform, translate, alter, edit, mutilate, (thereby waiving moral rights where possible), make, use, and sell the User Content solely for bona vide business reasons as determined in the sole discretion of API Science; and (b) reproduce, distribute, display, use, sell, commercialize, or otherwise exploit any and all rights in your name, voice, likeness, or any other rights of “publicity” you may have in the User Consent, solely for bona fide business reasons as determined in the sole discretion of API Science.

5. Third Party Content; Services - The Site may contain content provided by third parties ("Third-Party Content"), and may also provide information regarding or link to certain applications, websites, advice, or services provided or offered by third parties (collectively the "Third-Party Services"). API Science does not recommend, endorse, have control over, or monitor any Third-Party Content or Third-Party Services. Therefore, API Science makes no guarantee, representation, or warranty of any kind as to the quality, competency, value, reliability, responsiveness, safety, effectiveness, accuracy, or completeness of any such Third-Party Content or Third-Party Services or the results obtained therefrom. API Science assumes no responsibility or liability for any Third-Party Content or Third-Party Services or for the actions or failure to act of those providing such Third-Party Content or Third-Party Services. You assume full responsibility for your use of any such Third-Party Content or Third-Party Services, and API Science is not responsible or liable for any Third-Party Content or Third-Party Services.

6. Interactions Between Users – You are solely responsible for your interactions (including any disputes) with other Site users. You understand that API Science does not screen users and makes no representations or warranties about other Site users. Due to this, you represent and warrant to API Science that you will exercise caution, discretion, common sense, and good judgment in all interactions with other Site users. If you decide to interact with other Site users offline, you do so at your own risk. API Science disclaims all liability for any harm that befalls you and you expressly agree to hold API Science and any related individuals or companies harmless for any and all damages to you regardless of your good judgment, caution, discretion and the like.

7. Registration Data; Account Security - In consideration of your use and access to the Site and only if API Science requests, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to API Science, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to API Science. In addition, you agree not to access, use, or attempt to access or use, the Site, any services provided using the identity or the Registration Data of any person other than you.

8. Indemnification – You agree to indemnify, defend, and hold harmless API Science, its affiliates, officers, directors, employees, or anyone else related to API Science against any and all claims, losses, liabilities, damages, costs, or expenses from all lawsuits or causes of action arising out of or related to (a) breach of any covenants, representations, and warranties made by you to API Science herein; (b) any other terms contained in this Terms of Service; and (c) any misuse or misappropriation of any User Content by a third party that was not caused by API Science's negligence, gross negligence, or intentional conduct. You shall employ legal counsel to defend such suit or action at your expense. API Science shall have the right to approve such counsel, but API Science shall not unreasonably withhold its approval.

9. WARRANTY & DISCLAIMER – THIS SITE, AND ALL CONTENT AND FEATURES CONTAINED HEREIN (INCLUDING CONTENT THAT YOU MAY DOWNLOAD OR STREAM), ARE PROVIDED “AS IS” AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. ADDITIONALLY, API SCIENCE SPECIFICALLY DISCLAIMS, TO THE EXTENT ALLOWED BY LAW, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK OF VIRUSES, OR ACCURACY OF ANY RESPONSES OR RESULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW. API SCIENCE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL PROVIDE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE USE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGES THAT RESULT FROM YOUR USE OF THIS SITE.

10. LIMITATION OF LIABILITY - IN NO EVENT WILL API SCIENCE, ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, LICENSORS OR ANY OTHER RELATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE, EVEN IF API SCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL API SCIENCE'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED U.S. TEN DOLLARS ($10).

11. Copyright Protection – The Site and the content contained herein are protected under United States and International Copyright laws. As such, except as expressly authorized in writing by API Science or API Science's licensors, any reproduction, creation of derivative works, distribution, display, public performance, translation, or alteration of this Site or the content contained herein is strictly prohibited. Additionally, you agree you will not delete or in any manner alter the copyright notices or markings appearing on this Site.

12. Trademark Protection – “API Science,” API Science’s logo, slogan, or any other source-identifying information (the “Marks”) are trademarks of API Science. No third party shall use these Marks, or any other trademarks, slogans, or logos which are likely to cause confusion with API Science’s Marks, to mislead consumers about the origin of the third party’s goods or services, or to signal API Science’s affiliation with, or sponsorship of, such third party’s products, services, websites, or companies. Additionally, API Science strictly forbids the use of “frames,” framing techniques, meta tags, or any other “hidden text” utilizing the Marks. You agree you will not delete or in any manner alter the trademark notices or markings appearing on the Marks. Any API Science use of third party trademarks are intended as “fair use” and API Science has no intention whatsoever to trade off the goodwill developed by unaffiliated third parties.

13. Dispute Resolution, Injunctions, & Governing Law – You agree that all disputes or claims relating your use of this Site will be resolved individually (not in a class or consolidated) and through binding arbitration as opposed to State or Federal court only after you have contacted API Science with your concern. You agree the arbitration shall be conducted by the American Arbitration Association and under its rules. You agree the arbitrator will apply the substantive laws of Washington State. Visit www.adr.org for more information. Additionally, you agree that all arbitration hearings shall be conducted by phone or through the submission of documents unless otherwise mutually agreed upon. However, if your claims qualify for “small claims” court, API Science agrees you may file your claim in “small claims” court. Given the above language, you expressly grant API Science the authority to file injunctive or other equitable relief in a court of competent jurisdiction to prevent or halt the breach of any terms of use or conditions stated in this Terms of Service. For any claims against API Science filed in a contrary manner to this Terms of Service, you agree that API Science may file a claim to recover attorneys’ fees in a court of competent jurisdiction.

14. Contests and Giveaways – From time to time, API Science may offer you the opportunity to participate in contests, giveaways, and other promotions (collectively “Promotions”). You should carefully review the rules of each Promotion (the “Official Rules”) in which you participate, as the Official Rules may contain additional important information about API Science's rights to and ownership of your Promotions submissions. In the event the Official Rules conflict with this Terms of Service, the Official Rules will control.

15. Communication Via Email – You agree and consent that all electronic communications via email or postings on this Site satisfy any writing requirements under the law. Such communications may pertain to: this agreement, Amendments, agreements between API Science and you; notices to you about security issues; our Privacy Policy; mandatory disclosures; or any other matters API Science deems important.

16. Eligibility - The Site and any services provided by API Science are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site, you hereby represent and warrant to API Science that you are 13 years of age or older.

17. Entire Agreement & Severability – This Terms of Service is the entire agreement between API Science and you and supersedes any prior written or oral agreements. If any provision of the Terms of Service becomes invalid, illegal, void, or unenforceable under any applicable law, each such provision shall be deemed amended to conform to applicable law; or, if it cannot be amended without materially altering the terms of this Terms of Service, such provision shall be deleted. The failure of API Science to enforce any right or provision of this Terms of Service does not constitute a waiver of that right or a waiver of future enforcement.

18. Assignment – You agree and consent that the agreement between you and API Science, as evidenced in this Terms of Service, and any information collected about you, including any information collected per the Privacy Policy, can be sold, assigned, transferred, or otherwise conveyed to a third party as part of a merger, acquisition, reorganization, sale of the assets, in the event of a bankruptcy, or any other such change of control situation. Additionally, you agree that this Terms of Service continues to bind you and guide the terms and conditions of your use of the Site in any of the foregoing circumstances.

19. Questions - If you have any questions, complaints, or any other reason to contact API Science, please contact us at: support@apiscience.com.