Production API Terms of Use

Email Data Source Production API - Terms of Use

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

By accessing and using this API (the "Production API"), you explicitly agree to comply with and be bound by the Order Form and the following terms and conditions (the "Production 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 Production 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"). Email Data Source 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. 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 Service 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 Production API, use the Services and Email Data Source Data.

This license is subject to the following restrictions:

* You may not use the Production 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 Production 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 Production API must reference the API Key issued to you as an approved licensee.

* You agree that you will provide the Email Data Source 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 Production API or access or access codes thereto;

* You may not use the Production API for or the Email Data Source Data in 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. 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 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 Production 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 Production API Terms of Use, any provisions you are required to offer under these Production API Terms of Use, or the terms of Email Data Source, Inc. Terms of Use linked pursuant to Section 3 and the Email Data Source API Network Attribution Requirements (the "Applicable Terms"), 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 Production 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. You are granted a limited, non-sub licensable right to access this Production API. You agree to use the Services in accordance with the Email Data Source API Attribution Requirements set forth below.

4. Acceptable Use.

You agree to use the Production API only in the support of your application as detailed in the Statement of Use that will accompany the API Order Form. You agree not to use the Email Data Source Production 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 Production API, Email Data Source Data and Email Data Source Brand & Links if and when Email Data Source, Inc. determines that your use is inappropriate or is not in accordance with the Statement of Use.

5. Limited Relationship.

You and Email Data Source, Inc. are independent contractors, and nothing in these Production API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the Production API, you agree not make any other 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 fees charged for use of the Production API shall be detailed in the API Order Form.

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 Email Data Source 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 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.

Email Data Source agrees to hold harmless and indemnify you, your subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim that the Email Data Source API violates the intellectual property rights of any third party, 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, you will provide Email Data Source, Inc. with written notice of such claim, suit or action. Email Data Source’s indemnifying you does not apply to any claims relating to the data included in the Email Data Source (see No Warranties section below).

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 PRODUCTION 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 Production 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.

This Agreement may be terminated by either party with three months written notice. This Agreement may be terminated by Email Data Source, Inc. subject to Section 4, immediately with or without notice. You may terminate this Agreement immediately upon notice should Email Data Source exercise its right to change the Production Terms of Use and you notify Email Data Source within thirty days of such change that you are not in agreement with the Production Terms of Use.

13. Choice Of Law, Waiver, And Claims.

These Production 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 legally bind the organization (if any) identified in the Order Form. You agree not to export from anywhere any part of the Production 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 Production 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 Production 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 Production API Terms of Use will continue in effect. The section titles in these Production 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 Production 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 Production 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 Production API Terms of Use and the accompanying Order Form 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 Production API, Email Data Source Data, or Email Data Source Brand & Links. Further, as part of this agreement, you permit Email Data Source to use your name and logo for promotional purposes.

15. Email Data Source Attribution Requirements.

To comply with the Production API Terms of Use, you must display attribution on your web site or client application if Email Data Source API content or data are served from your website or client application.

Please adhere to the following usage guidelines:

We require that you adhere to our attribution requirements, as follows:

a. Email Data Source Logo

All input and output elements must be accompanied by an approved Email Data Source Logo that links directly to www.EmailDataSource.com. Logos cannot be resized or edited in any fashion without the express written consent of Email Data Source.

Prior written consent from Email Data Source is required to use Email Data Source Data without attribution.

Here are the logos you can use to adhere to our attribution requirements:

Email Data Source Logo (100x60)

Here's the HTML code:

<img src= "http://images.Email Data Source.com/images/logos/Email Data Source_logo_100x60.jpg"

alt=" Search Real Estate and Homes for Sale" border="0" /></a>

Email Data Source Logo (70x42)

All pages that contain Email Data Source Data or tools must include the following text and link: