Developer API Terms of Use

Email Data Source Developer API Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS API.

By accessing and using this API (the "Developer API"), you explicitly agree to comply with and be bound by the following terms and conditions (the "Developer API Terms of Use"), which Email Data Source may change at any time. Please review these terms and conditions periodically and check the version date for changes.

   1. Services.

The Developer API is an Email Data Source, Inc. service that allows pre-approved licensees to retrieve certain data from email marketing campaigns collected by Email Data Source ("Email Data Source Data").   The Developer API is provided free of charge, and you may access and utilize the Developer API for the sole purpose of developing an application under the terms of use of the Email Data Source Production API (“Production API”).  Under no circumstances may you use the Developer API (or the Email Data Source Data provided retrieved therefrom) to produce and/or support any application for commercial or internal business use other than through an agreement with Email Data Source governed by the Production API Terms of Use.  Email Data Source reserves the right to modify or discontinue the Developer API or a portion or attribute thereof , with or without notice. Email Data Source shall not be liable to you or any third party should Email Data Source exercise its right to modify or discontinue the the Developer API or part of it. Email Data Source will announce new releases at http://developers.emaildatasource.com

 2. Copyright and License.

You are granted a limited, non-sub licensable right to access the Developer API and use the Email Data Source Data as specified above. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Developer API, and to block or prevent future access to and use of the Developer API.

      This license is subject to the following restrictions:

          * You may not use the Developer 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 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 Developer 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 Email Data Source TOS or these Terms of Use;

          * All calls to the Email Data Source API must reference the API Key issued to you as an approved licensee.

                   * 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 Developer API or access or access codes thereto or derive income from the use or provision of the Developer API, whether for direct commercial or monetary gain or otherwise, without Email Data Source's prior, express, written permission;

          * You may not use the Developer API for the development of a product or service that competes with products or services offered by Email Data Source, Inc. without Email Data Source’s prior, express, written permission detailing the use of the Email Data Source Data;

          * You may not retain any copies of the Email Data Source Data or extracts thereof, nor may you retain information derived from the Email Data Source Data, or in any way index or mine the Email Data Source Data without Email Data Source’s prior, express, written permission detailing the use of the Email Data Source Data. Your license to Email Data Source Data is limited to making direct server calls to Email Data Source, Inc. for the Email Data Source Data and to distributing the Email Data Source Data to your developer end user on your Web site(s), immediately upon receipt by your servers.

          * You may not present the Email Data Source Data (or permit the Email Data Source Data to be presented) so that it appears to be available from a third party Web site.

          * You may not separately extract and provide or otherwise use data elements from the Email Data Source 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 Developer API, the Email Data Source Data or any Email Data Source, Inc. product or service.

          * If you become aware that any user of your implementation is in material breach of these API Terms of Use, any provisions you are required to offer under these Developer API Terms of Use, or the terms of Email Data Source, Inc. Terms of, then you agree to notify Email Data Source, Inc. promptly of such breach by e-mail to legal@emaildatasource.com and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of Email Data Source, Inc., you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to Email Data Source, Inc. or its licensors, or (b) assign any of your applicable rights to permit Email Data Source, Inc. or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the Email Data Source API.

   3. Trademarks and Service Marks.

The Email Data Source name, logo(s) and links to Email Data Source, Inc. are copyrighted and ALL RIGHTS RESERVED Copyright © 2009 Email Data Source, Inc.

   4. Acceptable Use.

You agree not to use the Developer API, Email Data Source Data, or Email Data Source Brand & Links in any way that is unlawful, or harms Email Data Source, Inc., its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 10 below, Email Data Source, Inc. may terminate your use of the Developer API, Email Data Source Data and Email Data Source Brand & Links if and when Email Data Source, Inc. determines that your use is inappropriate.

   5. Limited Relationship.

You and Email Data Source, Inc. are independent contractors, and nothing in these Developer API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. You agree not make any public statements that assert or imply any other relationship with Email Data Source, Inc., unless you have Email Data Source, Inc.'s prior written approval.

   6.  Fee Charges.

The Developer API is provided free of charge, however, the purpose of the Developer API is to allow developer’s access for the purpose of developing applications under the Production API which is a paid service.  While the Developer API is provided free of charge, Email Data Source reserves the right to charge fees for use of or access to the Developer API in Email Data Sources’ sole discretion.  If Email Data Source charges for the Developer API Services, such charges will be disclosed to you prior.

   7. Indemnity.

You agree to hold harmless and indemnify Email Data Source, Inc., and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the Developer API or Email Data Source Data, use of Email Data Source Brand & Links other than as set forth in the Email Data Source API Attribution Requirements, violation of these Developer API Terms of Use or other actions connected with use of Email Data Source, Inc. 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. In such a case, Email Data Source, Inc. will provide you with written notice of such claim, suit or action.

   8. 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. EMAIL DATA SOURCE DISCLAIMS 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.  THE EMAIL DATA SOURCE DATA CONTAINS INFORMATION THAT WAS CREATED BY THIRD-PARTIES AND IS NOT OWNED BY EMAIL DATA SOURCE  BUT IS COLLECTED, CACHED AND ARCHIVED BY EMAIL DATA SOURCE. YOU ACKNOWLEDGE THAT EMAIL DATA SOURCE NEITHER ENDORSES NOR IS AFFILIATED WITH SUCH THIRD PARTIES AND THAT EMAIL DATA SOURCE DOES NOT OWN NOR HAS REVIEWED OR APPROVED SUCH INFORMATION AND IS NOT RESPONSIBLE FOR ITS ACCURACY. THESE THIRD PARTIES NEITHER ENDORSE NOR ARE AFFILIATED WITH EMAIL DATA SOURCE. 

    9. Liability Limitation.
      IN NO EVENT SHALL EMAIL DATA SOURCE, 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 DEVELOPER API OR EMAIL DATA SOURCE DATA OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

   10. Intellectual Property.

The Developer API, Email Data Source Data, and Email Data Source Brand & Links are the property of Email Data Source, Inc., and subject to the intellectual property rights of Email Data Source, Inc. and its licensors. (c) 2009 Email Data Source, Inc.. All rights reserved.

  11. Modification.

Email Data Source, Inc. may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.
 
  12. Termination.

Email Data Source, Inc. may change, suspend or discontinue the Developer API and suspend or terminate your use of the Developer API, Email Data Source Data, and/or Email Data Source Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the Email Data Source API, Email Data Source Data, and Email Data Source Brand & Links, removing implementation of the Email Data Source API from your Web site(s), and deleting all copies of the Email Data Source Brand & Links.

  13. Choice Of Law, Waiver, And Claims.

These Developer API Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Email Data Source's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. 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 the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  14. General.

You represent that you have the authority to bind the organization (if any) identified in your application for the Developer API. You agree not to export from anywhere any part of the Developer API, Email Data Source Data, or Email Data Source Brand & Links provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the Developer API, Email Data Source Data, or Email Data Source Brand & Links are provided with the commercial license rights described herein. If any part of these Developer API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Developer API Terms of Use will continue in effect. The section titles in these Developer API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Email Data Source, Inc. may assign these Developer API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the Developer API Terms of Use and your API Key to any third party. Email Data Source, Inc.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Developer API Terms of Use constitute the entire agreement between you and Email Data Source, Inc. with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Email Data Source, Inc. with respect to the Developer API, Email Data Source Data, or Email Data Source Brand & Links.