How to use our API.
How to use our API.
The terms below (API Terms and Conditions) and the Data Demograph Terms and Conditions at http://datademograph.com/apiterms/ govern your use of the application programming interface and technologies, gateways, functions, software, tools, processes, methods, techniques, know-how, ideas, concepts, designs, documentation, data, materials and information embodied therein or otherwise provided by or on behalf of Data Demograph, Inc. (Data Demograph) hereunder (the Data Demograph API). The Data Demograph API includes all versions, modifications, enhancements, extensions and derivative works of any of the foregoing, as implemented or operated by Data Demograph, from time to time. Data Demograph will announce new releases on our newsletter. By using the Data Demograph API, you (User) agree to the terms below and the Data Demograph Terms and Conditions. If you disagree with any of these terms, Data Demograph does not grant you a license to use the Data Demograph API. Data Demograph may modify or discontinue the Data Demograph API or a portion or attribute thereof, or update and change these terms, from time to time without notice. Each time you use the Data Demograph API, the current version of these Data Demograph API Terms and Conditions will apply. Accordingly, when you use the Data Demograph API, you should check the date of the API Terms and Conditions (which appears above) and review any changes since the last version.
The Data Demograph API is licensed, not sold. Data Demograph grants User a nonexclusive license (without right to sublicense) to use one copy of the Data Demograph API for personal non-commercial use only; provided, however, User's license to use any software owned by third parties and incorporated into or bundled with the Data Demograph API (Other Software) shall be exclusively governed by the applicable license agreement accompanying the Other Software.
Except and only to the extent expressly permitted in the Agreement, User shall not directly or indirectly (a) use Data Demograph API to create any software, product or system that is similar to the Data Demograph API, (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code or underlying ideas, algorithms or organization of the Data Demograph API (except and only to the extent expressly authorized by applicable statutory law), (c) sublicense, sell, lease, loan or transfer the Data Demograph API or access or access codes thereto or derive revenues from the use or provision of the Data Demograph API whether for direct commercial monetary gain or otherwise, (d) copy, create derivative works of or otherwise modify the Data Demograph API, (e) use the Data Demograph API in any service bureau arrangement or otherwise for the benefit of any third party, (f) use the Data Demograph API, or allow the transfer, transmission, export or re-export of all or any part of the Data Demograph API or any product thereof, in violation of any export control or other laws or regulations of the US or other relevant jurisdiction, (g) use the Data Demograph API in conjunction with any application that constitutes, promotes or is used in connection with spyware, adware or other malicious programs or codes, (h) use the Data Demograph API in any manner or for any purpose that violates any applicable law or regulation or any right of any person or entity, including without limitation intellectual property rights or rights of privacy or publicity, (i) use the Data Demograph API in any manner that adversely impacts the stability of Data Demograph's servers or adversely impacts the behavior of other applications using the Data Demograph API, (j) use the Data Demograph 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 counterfeit goods, items subject to US embargo, hate materials, or the unlicensed sale of regulated products, (k) present the Data Demograph API so that it appears to be available from a third party website, or (l) fail to comply with the Data Demograph Terms and Conditions at http://datademograph.com/terms/.
Third Party Content. The Data Demograph API may provide access to content owned by Data Demograph users and not by Data Demograph (Third Party Content). User agrees to comply with any and all requirements or restrictions imposed with respect to usage of such Third Party Content by its respective owners. User is solely responsible for making use of Third Party Content in compliance with the owners' requirements or restrictions. If the owner of any Third Party Content requests the removal of such Third Party Content from a User website or application that makes use of the Data Demograph API (User Website), User agrees to comply with such request within 24 hours following receipt of such request.
Confidentiality. All calls to the Data Demograph API must reference the API key issued to User as an approved subscriber. User agrees 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.
Ownership; No Implied License
The Data Demograph API and Data Demograph logos are protected by copyright, trademark, service mark, and/or other intellectual property rights laws of the US and other countries. Data Demograph's rights apply to the Data Demograph API and all output and executables of the Data Demograph API excluding any software components developed by User which do not themselves incorporate the Data Demograph API or any output or executables of the Data Demograph API. Except for the limited license expressly granted herein, no other license is granted, no other use is permitted and Data Demograph (and its licensors) shall retain all right, title and interest in and to the Data Demograph API and Data Demograph logos.
The Data Demograph API is available free to Data Demograph users; however, for certain types of commercial applications or for a certain rate of usage of the Data Demograph API, Data Demograph reserves the right to charge fees. In order to use the Data Demograph API, User must obtain an API key from Data Demograph. The API key must be part of each and every call User makes to the Data Demograph API service, regardless of the HTTP method used by User. If Data Demograph determines that User's use of the Data Demograph API is commercial, User's request for an API key may be granted subject to User's payment of license fees. An application is considered a commercial application if: (i) the primary purpose of User's application is to derive revenue, (ii) User charges its users a fee for products or services including integration using the Data Demograph API, (iii) User sells services to Data Demograph users and uses the Data Demograph API to bring Data Demograph users' content into User's service, or (iv) User's site is a "destination" site that uses Data Demograph videos to drive traffic and generate ad revenue. Data Demograph may monitor the User Website over time to ensure continued compliance with the appropriate type of API key.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE Data Demograph API, OTHER SOFTWARE, THIRD PARTY CONTENT AND Data Demograph LOGOS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Data Demograph DOES NOT WARRANT THAT THE Data Demograph API OR OTHER SOFTWARE WILL MEET USER'S REQUIREMENTS OR BE ERROR-FREE, ANY OPERATIONS OR TRANSMISSIONS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, ANY THIRD PARTY CONTENT WILL BE TRUTHFUL, ACCURATE, RELIABLE OR COMPLETE OR THAT ANY RESULTS CAN BE ACHIEVED. TO THE FULLEST EXTENT PERMITTED BY LAW, Data Demograph HEREBY DISCLAIMS (FOR ITSELF AND ITS LICENSORS) ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE Data Demograph API, OTHER SOFTWARE, THIRD PARTY CONTENT AND Data Demograph LOGOS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
User agrees to (a) defend Data Demograph and its affiliates and their directors, officers, suppliers, employees and agents (Data Demograph Indemnitees) against any third party claim arising from or in any way related to its use of the Data Demograph API, Data Demograph Data, or Data Demograph brand & logos, including but not limited to any claim that the User Website, the content of the User Website, or any products developed under this Agreement by User, infringe upon or violate any third party's intellectual property rights, and (b) indemnify the Data Demograph Indemnitees for settlement amounts, liabilities, costs and expenses awarded and arising out of such claim. A Data Demograph Indemnitee shall give User (a) prompt written notice of any such claim or allegation, (b) control of the defense and settlement thereof (provided that any settlement of such claim that does not contain an unconditional release of the Data Demograph Indemnitee will require the prior written consent of such Data Demograph Indemnitee) and (c) reasonable assistance in such defense or settlement.
EXCEPT TO THE EXTENT THAT ANY LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, In no event shall Data Demograph (or its LICENSORS, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES OR DATA PROVIDERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF thE agreement, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERwise), for any (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS or inaccuracy of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL or (D) damages, in the aggregate, in excess of the FEES PAID BY USER TO Data Demograph, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THE AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY. 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 AND DISCLAIMERS MAY NOT APPLY TO YOU.
The license granted herein continues in effect until terminated by either party. User may terminate the license by discontinuing use of the Data Demograph API. Data Demograph may terminate this license at any time for any reason or no reason. User's rights to use the Data Demograph API terminate automatically if (i) User violates any of the API Term and Conditions, (ii) Data Demograph publicly posts a written notice of termination on datademograph.com, (iii) Data Demograph sends a written notice of termination to User, or (iv) Data Demograph disables access to the Data Demograph API to User. All remedies for breach, and the provisions of Section 2, and Sections 4 through 13 shall survive any termination of the API Terms and Conditions.
This Agreement and the rights and obligations hereunder may not be assigned or otherwise transferred by User. Any attempted transfer in violation hereof will be void and of no effect. This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.
User hereby consents to Data Demograph's inclusion of its name in User listings that may be published as part of Data Demograph's marketing efforts.
The parties shall be independent contractors in their performance under this Agreement, and nothing contained herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose. While User may publicly refer to the fact that User has implemented the Data Demograph API, User agrees not to make other public statements that assert or imply any other relationship with Data Demograph, Inc., with Data Demograph's prior written approval.
The Agreement constitutes the entire agreement, and supersedes all prior negotiations and agreements (oral or written), between the parties concerning the subject matter hereof. The Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws provisions. The UN Convention on Contracts for the International Sale of Goods will not apply. Exclusive jurisdiction and venue for any action hereunder is in the federal and state courts located in New York. Any breach of Section 2 (Restrictions) will cause irreparable harm to Data Demograph for which money damages are not an adequate remedy. Therefore, in addition to any other remedy, Data Demograph shall be entitled to an injunction or similar equitable relief against any such breach or threatened breach without the necessity of posting any bond. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys' fees) that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained. No modification, waiver or consent hereunder will be effective unless in writing and signed by the party against which enforcement is sought. The failure of either party to enforce its rights at any time shall not be construed as a waiver. Except as specifically provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. If any provision is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and enforceable.