By clicking the approval box below or by otherwise accessing these Web Services ("Web Services"), You ("You") accept and agree to be bound by the following terms and conditions ("Terms of Use").
You should know these highlights:
1. Web Services
1.1 Description of the Web Services The Web Services consists of several APIs and Software Clients. Generally, the APIs consist of SOAP, REST, JSON, and similar technologies that allow developers to submit programmatic requests to retrieve structured and unstructured data, which we refer to as "Information." Generally, the Software Clients consist of python, JavaScript, HTML, and similar technologies that allow developers and other people to interact with the APIs in via both programmatic functions and graphical user interfaces.
The Information may be formatted in free text, XML, JSON, HTML, PNG, and other formats. The Information includes latitude, longitude, confidence, relevance, character positions, extract texts, visual indicators, cartographic symbology, and other data generated. The Information is MetaCarta's copyright material. It is released to You under the restricted license described here, which permits You to use the Information in Your applications as long as You and Your applications comply with these Terms of Use.
Subject to the limitations and conditions described below, You may use the Information from the API to build websites and other applications. Presently, you may only produce applications that are available to the public at no charge. In the future, we will offer commercial licenses.
As described in the Attribution section below, You must present a MetaCarta copyright notice in any display derived from Information from the Web Services.
You acknowledge that the MetaCarta Web Services are prototypes and may disappear without warning or behave erratically. If you desire commercial support, please email geosearch-specialists at metacarta.com to discuss. See DISCLAIMER OF WARRANTIES.
To gain access to the Web Services, You must register for a MetaCarta Account. After supplying MetaCarta with Your account information and agreeing to the Terms of Use, You will be able to generate credentials to access the services offered by MetaCarta. Information about what credentials are required, and how to generate them, will be made available via the documentation of the various services. To protect Your account, the Web Services block requests with invalid access credentials.
While MetaCarta endeavors to make the Software Clients flexible and easy to adjust to Your needs, MetaCarta shall have sole and complete control over the format and appearance of the Software Clients.
1.2 Modifications MetaCarta reserves the right to release subsequent versions of the API and to require You to obtain and use the most recent version. MetaCarta may modify the Terms of Use at any time with or without notice, and You can review the most current version of the Terms of Use online at any time at http://accounts.metacarta.com/terms-of-use.html. If a modification is unacceptable to You, You may cancel Your use of the Web Services by stopping to access the APIs and by removing any Software Clients from Your Site. If You continue to use the Web Services in any way, You will be deemed to have accepted the modifications.
1.3 Appropriate Conduct and Prohibited Uses Information from the Service may be stored on Your servers in databases or other storage systems, however You are prohibited from providing APIs or graphical user interfaces ("GUIs") that filter the Information using both geographic extent and textual queries in any manner resembling Patent 7,117,199. That is, Your applications may not perform a joined query that uses both a geographic domain identifier and a non-geographic query constraint such as a free-text query string. If you wish to create such an application, You may use the geographic search APIs and Software Clients offered as part of these Web Services.
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 these Terms of Use 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:
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or Your country of residence.
2. Proprietary Rights
2.1 MetaCarta Rights For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral 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 MetaCarta, You acknowledge that MetaCarta owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Web Services and that You shall not acquire any right, title, or interest in or to the Web Services, except as expressly set forth in the Terms of Use.
2.2 Software License Subject to Your compliance with the terms of this Terms of Use, MetaCarta grants to you, a limited, revocable, non-exclusive, non-transferable license to use the APIs and Software Clients solely to access Information available from these Web Services. You shall have the right to create derivative works of the Software Clients, but in no event shall those derivative works be used for any purpose not licensed by the preceding sentence. Metacarta hereby grants You a non-exclusive, non-transferable license to use the Mark in the manner contemplated in the section titled Brand Feature License.
2.3 U.S. GOVERNMENT RESTRICTED RIGHTS If You are a United States Government entity, the Client Software covered by this Agreement is “commercial computer software” as defined by current Federal Acquisition Regulation (“FAR”), Department of Defense Federal Acquisition Regulation Supplement (“DFAR”), or other applicable Agency regulation provisions. For “commercial computer software,” the license grant in the preceeding paragraph shall apply. If the Client Software is other than “commercial computer software,” then You shall receive no greater than Restricted Rights, as defined in the currently applicable version of the FAR, DFAR, or other applicable Agency regulation. In the event that alternative regulatory rights allocation provisions are available to the Parties to this Agreement, the provision which provides You with the narrowest rights allocation permitted by law and regulation shall apply. The manufacturer of the Client Software (excluding third party products) is MetaCarta, Inc.
2.4 Brand Feature License For purposes of the Terms of Use, "Brand Features" 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. MetaCarta hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display MetaCarta's Brand Features for the purpose of promoting or advertising that You use the Web Services in accordance with this Section 2.2 and for the purpose of fulfilling Your obligations under Section 2.2 above. You hereby grant to MetaCarta a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Web Services.
In using MetaCarta Brand Features, You may not:
You understand and agree that MetaCarta has the sole discretion to determine whether Your use of MetaCarta brand features is in accordance with the above restrictions.
Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of MetaCarta's Brand Features (including any goodwill associated therewith) shall inure to the benefit of MetaCarta. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of MetaCarta (except to the extent such restriction is prohibited by law) or the registration thereof by MetaCarta, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of MetaCarta.
2.5 Data Ownership By uploading data, text, images, graphics, photos, video, or audio ("Content") to the Web Services, You grant MetaCarta a worldwide, non-exclusive, royalty-free license to any rights You may have in the Content, including the right to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content. MetaCarta may use data that You uploaded to the Web Services for internal testing and other purposes. MetaCarta offers no warranty of security for data uploaded to the Web Services.
2.6 Attribution Any use of the Information must include the string "MetaCarta", or a MetaCarta logo available at www.metacarta.com (the "Mark"), in a reasonably prominent position and in plain view of any user. When displaying a map legend or key, You must display the string "MetaCarta" or the Mark in association with those layers generated from the Information. When displaying a map with Information, You must display the cartographic symbology provided by the associated API. Many of the Software Clients comply with these requirements automatically. The images provided to You through the Web Services may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of MetaCarta and its partners. You may not delete or in any manner alter these images.
2.7 Digital Millennium Copyright Act It is MetaCarta's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see www.metacarta.com/dmca.html
3. Privacy Policy MetaCarta's collection and use of personal information is governed by MetaCarta's Privacy Policy, available at http://metacarta.com/constants/privacy.asp. You understand and agree that MetaCarta may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of MetaCarta, its affiliates or the public. Personal information collected by MetaCarta may be stored and processed in the United States or any other country in which MetaCarta or its agents maintain facilities. By using the Web Services, You consent to any such transfer of information outside of Your country.
4. INDEMNITY
You agree to hold harmless and indemnify MetaCarta, 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 Web Services, violation of these Terms of Use or any other actions connected with use of MetaCarta 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, MetaCarta will provide You with written notice of such claim, suit or action.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEB SERVICES IS AT YOUR SOLE RISK. THE WEB SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. METACARTA 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.
b. METACARTA MAKES NO WARRANTY THAT (i) THE WEB SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SERVICES 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM METACARTA OR THROUGH OR FROM METACARTA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT METACARTA 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 METACARTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SERVICES; (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 WEB SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEB SERVICES.
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 the Terms of Use shall commence on the date upon which You agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.
8.2 Termination MetaCarta may change, suspend or discontinue all or any aspect of the Web Services, including their availability, at any time, and may suspend or terminate Your use of the Web Services at any time. This includes, without limitation, the right to set, at MetaCarta's own discretion and at any time, a maximum number of requests or quantity of Information that You may access.
In addition, either party may terminate the Terms of Use and the rights granted herein 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 MetaCarta or otherwise disparages or devalues the MetaCarta Brand Features or MetaCarta's reputation or goodwill. If You desire to terminate the Terms of Use, You must remove the Information and Software Clients from Your applications and cease accessing the APIs.
8.3 Rejection of Application MetaCarta shall have the right, in its sole discretion, to reject any request to use the Web Services at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and MetaCarta. MetaCarta 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 Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all maps images and MetaCarta Brand Features.
8.5 Survival In the event of any termination or expiration of the Terms of Use 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 Terms of Use in accordance with its terms.
8.6 Remedies You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to MetaCarta, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which MetaCarta may be legally entitled, MetaCarta 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 Terms of Use should be construed to confer any rights to third party beneficiaries.
9 GENERAL INFORMATION:
Entire Agreement The Terms of Service constitute the entire agreement between You and MetaCarta regarding Your use of the Web Services, superceding any prior agreements between You and MetaCarta. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other MetaCarta services, affiliate services, third-party content or third-party software.
Choice of Law and Forum The Terms of Service and the relationship between You and MetaCarta shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and MetaCarta agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts.
Waiver and Severability of Terms The failure of MetaCarta to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
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 MetaCarta services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.