Junction Networks Web Services API |
Terms and Conditions for Junction Networks Web Services APIThank you for using the Junction Networks Web Services API™ service. By using this service ("Junction API") you agree to be bound by the following terms and conditions (the "Terms and Conditions"). Legitimate uses only You may not use Junction API in any manner that either directly or indirectly violates any laws or proprietary rights. This includes laws and proprietary rights in the United States as well as in other countries. Intellectual property You agree not to remove, obscure, or alter Junction's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within Junction API. You also acknowledge that Junction owns all right, title and interest in and to Junction API, including without limitation all intellectual property rights (the "Junction Rights"). The Junction Rights include rights to the following: (1) the APIs developed and provided by Junction and (2) all software associated with the Junction API server. The Junction Rights do not include the following: (1) third-party components used as part of Junction API; or (2) software developed by you in conjunction with using Junction API. Publicity So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either used or is based on Junction API provided that those products or services do not in Junction's reasonable opinion (1) tarnish, infringe, or dilute Junction's trademarks, (2) violate any applicable law, and (3) infringe any third-party rights. If you wish to use the Junction trademark and/or logo in any other manner, you must first obtain Junction's written consent. Disclaimer of warranties The Junction API service is currently in beta form and has not been fully tested or debugged. Accordingly, Junction disclaims any responsibility for any harm resulting from your use of Junction API. The Junction API service is provided "as is," with no warranties whatsoever. Junction expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Junction disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of Junction API. You understand and agree that you use Junction API at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of Junction API. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. Limitation of liability The Junction API service is being provided free of charge. Accordingly, you agree that Junction shall have no liability arising from or based on your use of Junction API. Under no circumstances shall Junction be liable to any user on account of that user's use or misuse of Junction API. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Junction has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Junction API, from inability to use Junction API APIs, or from the interruption, suspension, or termination of Junction API APIs (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Indemnification You hereby agree to indemnify, defend and hold Junction, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of Junction API, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Junction reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. Term and termination If you wish to terminate this Agreement, you may simply cease using the Junction API service. In such a case, you must delete any search result information that you may have obtained from the Junction API service. Junction may terminate this Agreement (and your account) at any time, with or without cause. General provisions Failure by Junction Networks to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or Use or use of the Site, other than action for specific performance or injunctive relief brought by Junction Networks, shall be exclusively brought in the federal, state or local courts located in the Commonwealth of Pennsylvania; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by those courts, and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and Junction Networks with respect to the Site, and supersede all prior agreements or understandings, whether written or oral, between Users and Junction Networks with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use and Policy regarding Privacy inure to the benefit of Junction Networks, its successors and assigns. |