PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS API.
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.
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
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.
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
14. Datawitness Attribution Requirements