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Spock API Terms of Use

Spock Networks People Search API License Agreement

This Spock Networks People Search API License Agreement (the "Agreement") is between you ("you" or "your") and Spock Networks, Inc. ("Spock"). If you are acting on behalf of a company or other entity, "you" or "your" refers to the company or entity as well as to you individually.

1. Service.

1.1 Description of Service and License. The Spock People Search API (the "API") is an application that allows you to interface with Spock.com so that you can display search results from Spock.com on your website and so that you can develop and host applications on your website using search results from Spock.com, provided that you abide by the terms of this Agreement. The API and any data made available to you by Spock through the API are collectively referred to as the "Service" in this Agreement.

You agree that any application you develop utilizing the Service (including for example applications for a website, intranet site, mobile device application or personal computer application) shall be designed to access and use the Service only as allowed by this Agreement. The API and Services are licensed to you on a worldwide, non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Agreement applies to all updates, revisions, substitutions, and any copies of the API. All rights not expressly granted to you are reserved by Spock.

The Service is limited to allowing you to display certain Spock.com search results only, and does not provide you with the ability to access the underlying Spock data, or any other Spock service. You agree that you will not save or store any information or search results that you or your users obtain through the Service for any reason, including, the development of your own database of information or any other use not specifically allowed in this Agreement. Subject to the limitations and conditions described below, you may use the Service to display Spock search results in conjunction with other information that you provide to end users. However, the Service may be used only for services that are generally accessible to users without charge.

1.2 API Key. In order to obtain access to the API, you must agree to this Agreement and set up a developer account with Spock. Following your account set up, and after you agree to this Agreement, you will be issued a key assigned to you by Spock that is associated with your developer account and the URL of your site or service. Your service must access the API using a tag that contains this key. Spock will block requests with an invalid key. Spock shall have sole and complete control over the Service.

1.3 Modifications. Spock reserves the right to release subsequent versions of the Service and to require you to obtain and use the most recent version. Spock may modify this Agreement at any time with or without notice. You can review the most current version of the Agreement online at any time at http://www.spock.com/people-search-api-terms-of-use. If a modification of this Agreement is unacceptable to you, you may cancel this Agreement by removing the API from your site. If you continue to use the API on any site, you will be deemed to have accepted the modifications.

1.4 Appropriate Conduct and Prohibited Uses. The Service may be used only for services that are generally accessible to consumers without charge. You agree that you are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Service, you will not:

1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. sell, lease, share, transfer, or sublicense the Service or derive income from the use or provision of the Service whether for direct commercial or monetary gain or otherwise, without Spock's prior and express written permission;
3. upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
4. upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;
5. upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, this Agreement or any applicable Spock policies or guidelines.
6. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
7. restrict or inhibit any other user from using and enjoying Spock's services;
8. use the Service for any illegal or unauthorized purpose;
9. remove any copyright, trademark or other proprietary rights notices contained in or on search results or in the Service;
10. interfere with or disrupt Spock's services or servers or networks connected to Spock;
11. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Spock's site or its data or collect information about users for any unauthorized purpose;
12. display content that falsely expresses or implies that such content is sponsored or endorsed by Spock;
13. promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
14. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

You agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

1.5 Advertising. Spock reserves the right without notice to you to include advertising in the Spock data or search results provided to you through the Service.

1.6 Search Result Requests. There is a limit of 10,000 requests per day for each API key. If you exceed this 24-hour limit, the API may stop working for you temporarily. If you continue to abuse this limit, your access to the API may be blocked permanently.

2.0 Proprietary Rights.

2.1 Spock Rights. For purposes of the Agreement, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, moral or mask rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between you and Spock, you acknowledge that Spock owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that you shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in this Agreement.

2.2 Trademark License. For purposes of the Agreement, "Trademark" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Spock hereby grants to you a nontransferable, non-sublicenseable, nonexclusive license during the Term to display Spock's Trademarks for the purpose of promoting or advertising that you use the Service in accordance with this Section 2.2 and for the purpose of fulfilling your obligations under Section 2.3 below. You hereby grant to Spock a nontransferable, nonexclusive license during the Term to use your Trademarks to advertise that you are using the Service.

In using Spock Trademarks, you may not:

1. display a Spock Trademark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Spock, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Spock or Spock personnel;
2. use Spock Trademarks to disparage Spock or its services;
3. display a Spock Trademark on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
4. have the Spock logo as the largest logo on your website;
5. display a Spock Trademark as the most prominent element on any page of your website;
6. display a Spock Trademark in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Spock;
7. display a Spock Trademark on a site that violates any law or regulation; or
8. remove, distort or alter any element of a Spock Trademark (this includes squeezing, stretching, inverting, discoloring, etc.).

You understand and agree that Spock has the sole discretion to determine whether your use of Spock Trademarks is in accordance with the above restrictions.

Except as set forth in this Section 2.2, nothing in the Agreement shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Trademarks. All use by you of Spock's Trademarks (including any goodwill associated therewith) shall inure to the benefit of Spock. At no time during or after the Term shall you challenge or assist others to challenge the Spock Trademarks or the registration thereof by Spock, nor shall you attempt to register any Trademarks (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Spock.

2.3 Attribution; Legal Notices. Subject to the requirements of Section 2.2, you agree that you will prominently display the "Spock.com" name in connection with all uses by you of the Service on your site. For example, use of the Service must be accompanied by "Powered by Spock.com" or "Information Provided by Spock.com" or similar reference. You agree to follow Spock's instructions concerning the use of its Trademarks. Additionally, the data provided to you through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Spock and its partners. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on any data provided through the Service. You acknowledge and agree that that these Legal Notices supplement the Agreement for the Service.

3. Privacy Policy.

You agree that you will not combine any information you obtain from Spock through the Service with any personally identifiable information that you have or that you obtain from any other source, including but not limited to names, email addresses, phone numbers, physical addresses, photographs and financial information. You further agree that you will not use any information you obtain through the Service to contact any person for any purpose, including email solicitations. Any information that you provide to Spock in connection with your account or otherwise may be used by Spock in any manner that it desires in its discretion and Spock has no obligation to maintain such information private.

4. Indemnity.

You agree to hold harmless, defend and indemnify Spock, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of this Agreement or any other actions connected with use of Spock 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.

5. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPOCK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. SPOCK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPOCK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPOCK SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THE AMOUNT OF DAMAGES THAT YOU MAY OBTAIN IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT YOU HAVE PAID TO SPOCK FOR YOUR USE OF THE SERVICE DURING THE TERM OF THIS AGREEMENT, EVEN IF SUCH REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.

7. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

8. Term and Termination.

8.1 Term. The term of this Agreement shall commence on the date upon which you agree to this Agreement and shall continue in force thereafter, unless terminated as provided herein.

8.2 Termination. Spock may change, suspend or discontinue all or any aspect of the Service, including its availability, at any time, and may suspend or terminate your use of the Service at any time. This includes, without limitation, the right to set, at Spock's own discretion and at any time, a maximum number of requests you may make through the Service without Spock's prior written consent.

In addition, either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if you engage in any action that reflects poorly on Spock or otherwise disparages or devalues the Spock Trademarks or Spock's reputation or goodwill. If you desire to terminate the Agreement, you must remove the Service from your site.

8.3 Rejection of Application. Spock shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason. Spock shall not be liable to you for damages of any sort resulting from its decision to reject such a request.

8.4 Effect of Termination. Upon the termination of the Agreement for any reason (i) all license rights granted herein shall terminate and (ii) you shall immediately delete any and all data obtained through the Service and all Spock Trademarks.

8.5 Survival. In the event of any termination or expiration of the Agreement for any reason, Sections 2.1, 4, 5, 6, 7, 8.4, 8.5, 8.6, and 9 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Agreement in accordance with its terms.

8.6 Remedies. You acknowledge that your breach of service/license restrictions contained herein may cause irreparable harm to Spock, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Spock may be legally entitled, Spock shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents.

8.7 Third Party Beneficiaries. Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.

9. General Provisions

9.1 Entire Agreement. The Agreement constitutes the entire agreement between you and Spock and governs your use of the Service, superseding any prior agreements between you and Spock. You also may be subject t additional terms and conditions that may apply when you use or purchase certain other Spock services, affiliate services, third-party content or third-party software.

9.2 Choice of Law and Forum. The Agreement and the relationship between you and Spock shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Spock agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, and agree that such courts will be the exclusive venue for any action between you and Spock.

9.3 Waiver and Severability of Terms. The failure of Spock to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 the Agreement remain in full force and effect.

9.4 Statute of Limitations. 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 Spock's services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9.5 Heading. The section headings in the Agreement are for convenience only and have no legal or contractual effect.