1. TrendSpottr API
The TrendSpottr API is TrendSpottr's service that allows you to retrieve certain data ("TrendSpottr Data"). The TrendSpottr API consists of an application programming interface (API) for retrieving various TrendSpottr Data, grouped generally into calls to retrieve data from TrendSpottr's service as demonstrated on TrendSpottr's website (http://trendspottr.com) and other related applications and services. TrendSpottr may release subsequent versions of the TrendSpottr API and require you to obtain and use the most recent version. New versions may not be compatible with previous implementations.
2. License to TrendSpottr API & Data
This license is subject to the following restrictions:
- All calls to the TrendSpottr API must reference the TrendSpottr user ID (the "APIKEY") issued to you as an approved licensee.
- You agree to keep the APIKEY confidential, and not to share it with any third party. This license is personal to you, and any of your affiliates must seek and obtain their own license and APIKEY.
- You will not permit your users to access TrendSpottr Data in bulk.
- You may not collect personally identifiable information using the TrendSpottr API from any person without obtaining such person's express, affirmative and informed consent to do so.
- You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble, copy, create derivative works of or reverse engineer any aspect portion of the TrendSpottr API or of any TrendSpottr Data, including source code or algorithms.
- You may not use the TrendSpottr API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the TrendSpottr API documentation, as determined by TrendSpottr in its sole discretion.
- You may not sell, lease or sublicense the API or access thereto.
- You may not use the TrendSpottr API in a product or service that competes with products and services offered by TrendSpottr, unless you have TrendSpottr's prior written approval.
- You may not use the TrendSpottr API 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 (e.g. Nazi memorabilia) 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.
3. License to TrendSpottr Brand & Links
You agree, and TrendSpottr grants you a license, to implement the TrendSpottr name, logo(s), trademark, and links to TrendSpottr.com (the "TrendSpottr Brand & Links") on any Web page incorporating the TrendSpottr API and/or TrendSpottr Data.
4. Acceptable Use
You agree not to use the TrendSpottr API, TrendSpottr Data, or TrendSpottr Brand & Links in any way that is unlawful, or harms TrendSpottr, its service providers, its suppliers, your end users, or any other person, or in violation of Section 2. Further, pursuant to Section 12 below, TrendSpottr may terminate your use of the TrendSpottr API, TrendSpottr Data and TrendSpottr Brand & Links if and when TrendSpottr determines that your use is inappropriate.
5. Limited Relationship
7. NO WARRANTY
TRENDSPOTTR PROVIDES THE TRENDSPOTTR API, TRENDSPOTTR DATA, AND TRENDSPOTTR BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRENDSPOTTR AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. TRENDSPOTTR AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
8. LIABILITY LIMITATION; EXCLUSIVE REMEDY
9. Intellectual Property
The TrendSpottr API, TrendSpottr Data, and TrendSpottr Brand & Links are the property of TrendSpottr, and TrendSpottr and its applicable licensors retain all rights, title and interest (including all patent, trademark, copyright and other proprietary rights) in and to the TrendSpottr APIs, TrendSpottr Data, and TrendSpottr Brand & Links, as well as any derivative works in connection therewith.
11. Fees and Payments
TrendSpottr reserves the right to charge fees for future use of or access to the TrendSpottr Free API or the TrendSpottr services and Web sites (collectively, "TrendSpottr APIs Services") in TrendSpottr's sole discretion. If TrendSpottr decides to charge for the TrendSpottr APIs Services, such charges will be disclosed to you prior to their effect, and your refusal to accept and pay such fees after receiving such notice will result in termination of your use of the TrendSpottr API, TrendSpottr Data, and/or TrendSpottr Brand & Links. TrendSpottr will charge fees for the use of the TrendSpottr Paid API in accordance with the individual contracts that grant access to that system to customers.
13. Applicable Laws