PeopleBrowsr API Terms of Service & Usage Agreement
Updated November 18, 2011
This is a legal agreement between you and PeopleBrowsr Pty.,Ltd. ("PeopleBrowsr"). By accepting these terms and/or using the PeopleBrowsr API service, you are representing that you have the authority to bind the party being issued an API Key for the PeopleBrowsr API (you and that party collectively referred to as "you"). The "API Key" is the API service user key given to you by PeopleBrowsr upon successful sign-up for this service. In exchange for use of and access to an API Key and PeopleBrowsr's proprietary API and its technical specifications ("Specifications") you agree to be bound by the terms of this API Agreement ("Agreement").
API USAGE OVERVIEW
Please read this quick overview, however, if you plan on using or implementing the API, we do require that you read this whole Agreement.
- You agree to act ethically and honestly. You agree to access the API with your confidential API key. You may only create one key for yourself, your company, and your website.
- A "query" is every time you ping the PeopleBrowsr API with an URL whether or not it is unique. If you want to increase your query limit, upgrade your plan or email us at api@PeopleBrowsr.com
- Upon request by us, you need to let us know how you're using the API.
- Please review our privacy policy before applying for API key to understand PeopleBrowsr’s stance on privacy.
- PeopleBrowsr can change the API or this Agreement or the query limits at any time according to the specifications of our partners and the changes we think are necessary moving forward.
- Using the API doesn't give you permission to use the PeopleBrowsr’s brand or logos. Again, if you'd like to do so, email us at api@PeopleBrowsr.com
- PeopleBrowsr can suspend or terminate your API key at any time for any reason deemed appropriate by PeopleBrowsr. That said, we want to foster the growth of our developer ecosystem as much as possible.
- Re-sale, licensing, disclosure or transferring of the metadata retrieved from our API is not permitted without the expressed written permission from PeopleBrowsr. For clarification, please email api@peoplebrowsr.com.
- There are no promises or response-time guarantees for this version of the API. We will endeavor to maintain a high level of service. Please contact us at api@PeopleBrowsr.com for service or data questions or requests.
1. SERVICES
1. Provision and Licenses. Subject to the terms and conditions of this Agreement, PeopleBrowsr grants to Customer a non-exclusive, non-transferable license to: (i) use the PeopleBrowsr application programming interface ("API") to call the PeopleBrowsr database and to receive data aggregated by PeopleBrowsr from various social networking websites ("PB Data") and (ii) use the PB Data solely as necessary to develop applications and reports for Customer's own internal business use and/or for the internal business use of Customer's clients.
2. RESTRICTIONS
1. Prohibitions. Except with PeopleBrowsr's prior written consent in each instance, Customer shall not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the API; (ii) modify, translate, or create derivative works based on the API; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the API or the PB Data; (iv) use the API for any timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices from the API; (vi) publish or disclose to third parties any evaluation of the API.
3. SOCIAL NETWORKING RULES.
Customer's use of the API and PeopleBrowsr's provision of the API may be subject to certain limitations and/or changes imposed by PeopleBrowsr's licensors. PeopleBrowsr may be required to change the T&C’s or privacy policy as PeopleBrowsr’s licensors make changes. Customer is required to follow such terms within thirty (30) days of such new terms becoming effective. Thereafter such new changes will be incorporated into this Agreement.
4. THE PEOPLEBROWSR IP AND CUSTOMER CONTENT AND DATA.
As between PeopleBrowsr and Customer, PeopleBrowsr shall own all right, title and interest in and to any content developed, displayed or provided by PeopleBrowsr, the PB Data, the API and any software that runs or operates the Services and the trademarks, designs, branding available or provided through the API and/or the Services ("PeopleBrowsr IP"). PeopleBrowsr or third parties retain exclusive ownership of the same throughout the world, including all related copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights thereto. Except as expressly stated herein, this Agreement does not transfer any right, title or interest in the API, the PB Data, the Services or the PeopleBrowsr IP to the Customer. Any data, content or information submitted to PeopleBrowsr or the Services by Customer is "Customer Content and Data." Customer retains all right, title and interest in and to the Customer Content and Data and PeopleBrowsr will only use such Customer Content and Data to provide the Services.
5. OBLIGATIONS
1. PeopleBrowsr Responsibilities. PeopleBrowsr shall provide the API and the Services in accordance with all applicable privacy and data protection laws and regulations. PeopleBrowsr's Privacy Policy is incorporated herein by reference and is available at [http://www.peoplebrowsr.com/privacypolicy].
2. Customer Responsibilities. Customer shall be solely responsible for its actions and the actions of its users while using the API and receiving the Services. Customer acknowledges and agrees: (1) that Customer is responsible for Customer and Customer’s workforce abiding by all local, state, national, and international laws and regulations applicable to Customer's receipt and use of the API and/or the Services, including, without limitation, any privacy or data protection laws and regulations; (2) not to use the API and/or the Services for illegal purposes; and (3) not to interfere or disrupt networks connected to the Services.
6. FEES AND TAXES
1. Monthly Quotas. Customer agrees to pay the applicable fees, charges, and billing terms ("Fees") agreed to as part of the process to obtain your API key through the selection of a monthly service plan. Each monthly service plan has an associated number of quieries allowed per month. When a change in plans is made within the platform, you as a customer agree to pay the change in fees. Except as otherwise provided in this Agreement, Fees are non-refundable. In addition to such Fees, Customer shall pay all applicable sales, use and other taxes or duties (excluding taxes based on PeopleBrowsr’s net income).
2. Payments. Unless otherwise set forth in contractual writing by PeopleBrowsr, Fees are due and payable in advance at the time of purchase. PeopleBrowsr will promptly bill on the 1st day of every month. You agree to provide complete and accurate credit card payment information or other payment information as requested by PeopleBrowsr and to maintain such information in your account at all times. You hereby agree and authorize PeopleBrowsr to periodically charge your credit card immediately upon change in usage plans.
Any payment not received from the Customer by the due date shall accrue (except with respect to charges then under reasonable and good faith dispute), at the lower of 1.5% of the outstanding balance per month (being 18% per annum), or the maximum rate permitted by law, from the date such payment is due until the date paid. Customer shall also pay all sums expended (including reasonable legal fees) in collecting overdue payments. If Customer believes that the bill is incorrect, Customer must contact PeopleBrowsr in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
7. TERM.
The term of this Agreement and license to use the API and receive the Services shall commence on the 1 st day of the Month or immediately upon the sign-on of service. You shall pay all charges in U.S. Dollars, unless otherwise set forth between you and PeopleBrowsr in writing, by (a) prepayment, (b) upon invoice due data, or (c) any other method accepted by PeopleBrowsr for PeopleBrowsr API payments.
8. TERMINATION.
1. Breach. Except as provided below, either party may terminate this Agreement upon written notice if the other party has breached a material term of this Agreement and has not cured such breach within thirty (30) days of receipt of notice from the non-breaching party specifying the breach.
2. Insolvency. Either party may terminate this Agreement if (i) the other party has a receiver appointed for it or its property; (ii) the other party makes an assignment for the benefit of creditors; (iii) any proceedings are commenced by, for or against the other party under any bankruptcy, insolvency or debtor's relief law; or (iv) the other party is liquidated or dissolved.
3. Failure to Pay/Customer Conduct. PeopleBrowsr may suspend or terminate the access and use of the API and/or the Services, at its sole option, with or without notice to Customer if: (i) any payment is delinquent by more than thirty (30) days, or (ii) PeopleBrowsr determines, in its sole discretion, that continuing to provide the API and/or the Services may subject PeopleBrowsr to liability.
4. Convenience. PeopleBrowsr may terminate Customer's license to use the API at any time on thirty (30) days prior written notice to Customer.
9. EFFECT OF TERMINATION.
PeopleBrowsr shall not be liable to Customer or any third party for suspension or termination of the access or use of the API or the Services in accordance with this Agreement. If Customer or PeopleBrowsr terminates this Agreement in accordance with the provisions hereof, Customer will be obligated to pay the balance due for use of the API and all Services provided prior to termination. Upon the effective date of expiration or termination of this Agreement for any reason, whether by Customer or PeopleBrowsr, PeopleBrowsr's obligation to provide the Services and Customer's license to use the API and the PB Data shall immediately cease. Sections 10 through 14 of this Agreement shall survive its expiration or termination for any reason.
10. CONFIDENTIALITY.
1. Obligations. Each of the parties agrees to maintain in confidence any non-public information of the other party, whether written or otherwise, disclosed by the other party in the course of performance of this Agreement that a party knows or reasonably should know is considered confidential by the disclosing party or that is marked, labeled or identified as confidential ("Confidential Information"). The parties hereby agree that Confidential Information includes the terms and conditions of this Agreement, and any discussions related thereto. The receiving party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Confidential Information and the parties’ respective rights therein, at all times exercising at least a reasonable level of care.
Each party agrees to restrict access to the Confidential Information of the other party to those employees or agents who require access in order to perform hereunder, and, except as otherwise provided, neither party shall make Confidential Information available to any other person or entity without the prior written consent of the other party.
2. Exclusions. Confidential Information shall not include any information that is (i) already rightfully known to the receiving party at the time of the disclosure without any confidentiality obligation; (ii) publicly known at the time of the disclosure or becomes publicly known through no wrongful act or failure of the receiving party; (iii) subsequently disclosed to the receiving party on a non-confidential basis by a third party not having a confidential relationship with the other party hereto that rightfully acquired such information; or (iv) communicated to a third party by the receiving party with the express written consent of the other party hereto. A disclosure of Confidential Information that is legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process shall not be considered a breach of this Agreement; provided the receiving party provides prompt notice of any such subpoena, order, or the like to the other party so that such party will have the opportunity to obtain a protective order or otherwise oppose the disclosure.
3. Destruction or Return of Confidential Information. Upon expiration or termination of this Agreement for any reason, each party shall promptly return to the other party, or destroy, all copies of the other party’s Confidential Information. All copies, notes or other derivative material relating to the Confidential Information shall be promptly retrieved or destroyed, as agreed, and no such material shall be retained or used by the receiving party in any form or for any reason.
11. WARRANTY DISCLAIMER.
THERE ARE NO WARRANTIES OR CONDITIONS (WHETHER IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE API, THE PB DATA OR THESERVICES. PEOPLEBROWSR DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES AND CONDITIONS INCLUDING WITHOUT LIMITATION THE CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE. PEOPLEBROWSR DOES NOT WARRANT THAT THE API, THE SERVICES OR THE PB DATA WILL MEET THE CUSTOMER'S REQUIREMENTS, GOALS OR TARGETS OR THAT THE OPERATION OF THE API OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
PEOPLEBROWSR DOES NOT GUARANTEE THE QUALITY OR AVAILABILITY OF ANY THIRD PARTY SOCIAL NETWORKING SITE OR PB DATA OBTAINED THEREFROM.
12. INDEMNIFICATION.
Customer shall indemnify, defend, or at its option settle, any third party claim or suit against PeopleBrowsr based on a claim: (i) of any breach of this Agreement by Customer, its affiliates, employees agents, successors and assigns; and (ii) relating to or based upon the Customer Data or the acts, omissions or activities conducted by Customer, or its employees, contractors and agents, using the API and/or receiving the Services; and Customer shall pay any final judgment entered against PeopleBrowsr in any such proceeding or agreed to in settlement. Company will promptly notify Customer in writing of such claim or suit and give all information and assistance reasonably requested by Customer or such designee.
13. LIMITATION OF LIABILITY
Limitation on Direct Damages. IN NO EVENT SHALL PEOPLEBROWSR'S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER FOR THE API AND/OR THE SERVICES THAT DIRECTLY GAVE RISE TO THE DAMAGES CLAIMED, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.
Disclaimer of Consequential Damages. IN NO EVENT SHALL PEOPLEBROWSER OR ITS SUPPLIERS BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (B) TO THIRD PARTIES CLAIMING THROUGH CUSTOMER; EVEN IF PEOPLEBROWSR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Essential Purpose. The essential purpose of this Section 13 is to limit the potential liability of the parties arising under this Agreement. The parties acknowledge that the limitations set forth in this Section 13 are intricate to the amount of consideration levied in connection with the API and/or the Services and that, were PeopleBrowsr to assume any further liability, such consideration would out of necessity, been set much higher.
14. GENERAL.
All notices to a party shall be in writing and sent to the addresses specified within the invoice and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement may not be assigned or transferred by Customer, by merger, operation of law or otherwise, without PeopleBrowsr’s prior writtenconsent. This Agreement, together with all addenda, schedules, and exhibits constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings between the parties relating to the subject matter hereof. This Agreement may be amended or superseded only by a written instrument signed by both parties. This Agreement shall be governed by the laws of the state of California, excluding its conflict of laws rules. The parties agree that the Uniform Computer Information Transactions Act (UCITA) is hereby excluded from application to this Agreement and the parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Any provision of this Agreement held to be unenforceable shall not affect the enforceability of any other provisions of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any agreement, the terms of this Agreement shall control. Neither party shall be in default if its failure to perform any obligation under this Agreement is caused solely by supervening conditions beyond that party’s reasonable control, including acts of God, civil commotion, war, strikes, labor disputes, third party Internet service interruptions or slowdowns, vandalism or "hacker" attacks, acts of terrorism or governmental demands or requirements. PeopleBrowsr may use Customer’s name as part of a general list of customers and may refer to Customer as a user of the API and the Services in its general advertising and marketing materials. Each party shall obtain the other party's permission prior to using the other party's name for any other marketing or promotional purposes. The parties agree that any press release or other public comments issued by either party relating to this Agreement, any dispute under this Agreement, or Customer's use of the API and/or the Services, will be prepared jointly between PeopleBrowsr and Customer and will be issued upon mutual agreement of the parties.
Kred APIs Terms of Service & Usage Agreement
Last Updated - February 15, 2012
This Agreement gives you important rights and responsibilities, so please read it carefully. By completing the registration process and/or using any of the services (including but not limited to the Engagement Center, or Kred.com, Kred Apps, Kred APIs, Kred Wishes, Kred Grants, Kred Influence, Kred Outreach, and other social network monitoring and analysis services)(collectively, the "Services") available on or through this website ("Site), you agree that you (either as an individual or as a legal entity that you represent as an authorized employee or agent) ("You" or "you") are eligible for an account and you agree to be bound by all of the terms and conditions of this Terms of Use Agreement ("Agreement"). If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site, the Services, or any part thereof. PeopleBrowsr Pty. Ltd. and its affiliates ("PeopleBrowsr") is providing the Site and the Services expressly conditioned upon your assent to all of the terms and conditions of this Agreement, to the exclusion of all other terms, including, without limitation, terms of any purchase order. If this Agreement is considered an offer by PeopleBrowsr, your acceptance is expressly limited to the terms of this Agreement.
1. Additional Legal Terms.
In addition to the terms of this Agreement, you acknowledge and agree that your use of the Services is subject to the terms of social media websites that you manage through the Services or whose data you receive through your use of the Services, including, without limitation, the Twitter Terms of Service, Facebook Terms, FriendFeed Terms of Service, YouTube Terms Of Use, Flickr Terms of Service, Photobucket and any other applicable terms and conditions or terms of service (collectively, "Social Networking TOU").Our Privacy Policy and Copyright Policy are incorporated herein by reference. Your use of the Services is subject to the terms of the Privacy Policy and Copyright Policy.
2. Changing the Terms of this Agreement.
PeopleBrowsr may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion by posting a change notice or a new Agreement or Terms of Service on our Site. If any modification is unacceptable to you, or if you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of PeopleBrowsr in operating the Services, your only recourse is to terminate this Agreement by cancelling your profile and stop using the Services. Your continued participation following our posting of a change notice or a new Agreement on our Site will constitute binding acceptance of the change.
3. Intellectual Property.
PeopleBrowsr or its licensors are the owner of all intellectual property rights in the software that runs or operates the Services and the Site and the trademarks, designs, branding, content, downloadable widgets and browser extensions that may be included with some of the Services, Kred APIs, reports, text and communications on this Site and available or provided through the Services. PeopleBrowsr is a trade mark of PeopleBrowsr and must not be used without the express written authorization of PeopleBrowsr. Users and/or members may not copy, modify, publish, transmit, distribute, perform, display, link to, frame, pass off or sell PeopleBrowsr intellectual property without the prior written consent of PeopleBrowsr. PeopleBrowsr grants to you a limited, non-exclusive license to use the Site and the Services (including, the content and reports that are provided to you as part of the Services) for your personal or internal business use only. For the avoidance of doubt, if you have purchased a subscription to the Services, you may make copies of portions of the content provided to you in reports and you may incorporate such copies into presentations and reports, all solely for your own personal use and/or your internal business use or the internal business use of your clients.
4. No Warranty.
You expressly understand and agree that the use of the Site and the Services is at your own risk, and you acknowledge and agree that the Site, Services, and content included therein or apps which You download from the Site (including but not limited to the Kred Apps and Kred APIs) are provided on an "AS IS" and "AS AVAILABLE" basis and may be subject to certain limitations imposed by PeopleBrowsr’s licensors or other social networking companies’ restrictions. Except as otherwise specifically set forth in this Agreement, PeopleBrowsr, its officers, directors, employee, parent, subsidiaries, agents, affiliates, and third party social networking providers and suppliers disclaim any and all warranties and conditions for the Site, Services and content therein, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You further acknowledge and agree that:
a) PeopleBrowsr does not warrant that (i) the Services will meet your requirements or achieve any goals or targets, (ii) the Services will be uninterrupted, timely, error-free, secure or free of viruses, worms, disabling code or free from any other like conditions, or (iii) the content, data, reports or results that may be obtained from your use of the Services will be accurate or reliable.
b) PeopleBrowsr will not be liable for loss of your data or submissions or for any data, reports or information from a third party, including, without limitation, from any social networking websites. The data contained in reports provided through the Services are sourced from third party social networking providers and PeopleBrowsr has no responsibility for the data or information from third party social networking providers.
c) In particular, you agree that PeopleBrowsr is not liable or responsible in any way for any:
- Incorrect or inaccurate content posted or transmitted on the Site or sent via any emails
- Conduct of any PeopleBrowsr user, including tags, profiles or other content which they may add to your PeopleBrowsr identity
- Theft, destruction or unauthorized access to or any use of user content or information
- Failure of the Services, whether caused by users or by any of the equipment or programming associated with or used by PeopleBrowsr
- Error, omission, interruption, deletion or delay in the operation or transmission of the Services provided by PeopleBrowsr
- Failure of communication lines or congestion of the Internet
- Loss or damage, including damage to your or other people's computer systems or loss of data, resulting from your use of the Site or Services including from downloading material or from the action of viruses, worms, robots, spiders similar devices or processes.
5. Third Party Content and Third Party Sites.
Some content that you may be exposed to through the Site or the Services may be indecent, offensive or otherwise objectionable, and PeopleBrowsr disclaims all liability or responsibility for such third party content to the fullest extent legally permissible. For such third party content that maybe on the Site, PeopleBrowsr shall have the right, but not the obligation, to preview, flag, modify, filter, or remove any or all content from the Site or the Services, in its sole discretion. Furthermore the Sites and Services and certain apps therein (including but not limited to the Kred Apps and Kred APIs) may contain links to other websites which are completely independent of PeopleBrowsr. PeopleBrowsr makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such third party site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any third party content, that you may not rely on such third party content, and that under no circumstances will PeopleBrowsr be liable in any way for any third party content or for any loss or damage of any kind incurred as a result of the use of any third party content posted or otherwise made available via the Service.
6. Limitation of Liability.
You expressly understand and agree that in no event shall PeopleBrowsr (or its officers, directors, employees, parent, subsidiaries, agents or affiliates) or its third party social networking providers, other providers or suppliers be liable to for any direct indirect, punitive, special, consequential or incidental damages, including without limitation, lost profits, loss of revenue, or loss of data, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if PeopleBrowsr has been advised of the possibility of such claim or damages. The remedies expressly set forth this Agreement are your sole and exclusive remedies. You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, then these exclusions or limitations may not apply.
7. Indemnity.
You agree that you will indemnify, defend and hold PeopleBrowsr harmless from and against any direct or indirect loss or liability, claims, damages, costs and expenses including but not limited to legal fees arising from your use of and access to this Site, the Services, your breach of this Agreement or any agreement with a third party, including, without limitation, the Social Networking TOU, or of your violation of any law or any third party rights. This obligation continues after this Agreement terminates or you discontinue use or membership of PeopleBrowsr.
8. Specific Terms for Kred Apps and Kred APIs:
Use of Kred and Kredentials APIs:
The following rights and obligations apply to your use of the application programming interfaces offered through developer.peoplebrowsr.com for both Kred and Kredentials (the "Kred APIs"). By registering as a developer, you are unconditionally agreeing to be bound by the following terms and conditions ("API Terms"), including those available by hyperlink from within this document. Your continued use of the Kred APIs shall also constitute assent to these API Terms.
8.1. Kred APIs’ License.Subject to these Kred Specific API Terms and this Agreement, PeopleBrowsr hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable, license to access and use the Kred APIs solely as necessary to create and run your own websites and applications (collectively, "Applications") that meet all the requirements and conditions set forth in the API Terms. PeopleBrowsr reserves the rights to modify the Kred APIs and any features therein, or to disable or discontinue access of the Kred APIs at any time for any reason.
8.2.Kred APIs’ Requirements and Restrictions:You shall:
- Provide accurate, current, and complete information about you as may be requested by PeopleBrowsr during registration and ongoing participation as a Kred API developer, and update and keep all such information accurate, current and complete at all times.
- Maintain the security of your developer password and identification, as you are responsible for any consequences of any failure to do so.
- Use commercially reasonable efforts to provide your own terms of service and privacy policy in a visible location on your Application.
- Be solely responsible for all aspects of your Application and any content appearing therein, and for providing all customer support to end-users relating to your Application.
- Be truthful and honest about the Application to PeopleBrowsr and your users.
- Evaluate and bear all risks associated with your use of the Kred APIs, including any reliance on the accuracy, completeness, or usefulness of the content and the risks of unauthorized access.
- Take all appropriate anti-virus precautions, and warrant that your networks, operating systems and software are properly configured to Internet industry standards, including but not limited to security standards.
- Immediately report any security deficiencies you discover relating to the Kred APIs to Kred by emailing api@Kred.com.
You shall not:
- Attempt to circumvent any security measures or technical limitations of the Kred APIs.
- Cache or store any Kred or other PeopleBrowsr content for longer than 7 days.
- Use the Kred APIs 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 to personality or to engage in activities that would violate any fiduciary relationship.
- Use the Kred APIs in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
- Use the Kred APIs in a way that disparages or knowingly tarnishes the name, reputation, image or goodwill of Kred or PeopleBrowsr or otherwise harms the interests of Kred, PeopleBrowsr, the Site, any of PeopleBrowsr’s affiliates, the Kred APIs or its developer program, or other users of the Site.
- Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Site.
- Create an Application that may be used to violate these API Terms, this Agreement or any other policy referenced herein.
8.3. Use of Kred Logo and Kred Scores: If the Kred APIs data content (including but not limited to Kredentials) is served from your website or Application, you must display attribution to Kred on your web site or client Application as follows:
- Kred Logo
All input and output elements must be accompanied by an approved Kred Logo that links directly to Kred.com. Logos cannot be resized or edited in any fashion. If Kred data is used in alternative media formats, equivalent attribution must be given to Kred. Prior written consent from Kred is required to use Kred Data without attribution. Your use of the Kred Logo shall comply with the Kred Style Guide to download logos, font colors, etc. ("Kred Style Guide"). You acknowledge that PeopleBrowsr owns all worldwide right, title and interest in and to the Kred Logo and other trademarks ("Marks"), and that all use of the Marks by you will inure to the benefit of PeopleBrowsr. Further, you agree you will (i) not assert any ownership interests in or contest the validity of the Marks; (ii) comply with written guidelines that PeopleBrowsr may provide to you from time to time with regard to the Marks, including but not limited to the Kred Style Guide; (iii) not, at any time during the term of this Agreement, register or cause to be registered the Marks or any trademarks, marks or trade names confusingly similar to the Marks; and (iv) not use the Marks in any manner that is likely to cause confusion, mistake, or deception.
- Kred Scores
- i. No changing of names or terminology. E.g. if you’re referring to the Kred Score, Kred Influence, or Kred Outreach you may only refer to it as the "Kred Score", "Kred Influence", or "Kred Outreach" respectively. No other terms are acceptable without PeopleBrowsrs’s express written agreement.
- ii. The Kred Score should be displayed in accordance with the Kred Style Guide located at: Kred Style Guide
- Link to Kred.com:
- Overview page" http://Kred.com/{screen_name}/"
- Replace {screen_name} with the Twitter screen name
- License to Kred Apps:
When using any Kred score (Including Kred Community Scores or Kredentials) you must adhere to the following guidelines:
When using the Kred APIs, you must provide at least one link to Kred.com using the standard linking format on your site, with the appropriate link:
PeopleBrowsr provides access to portions of its Site and Services via downloadable widgets and browser extensions ("Kred Apps") which link the user back to the authorized Kred.com Site. Subject to these Kred Specific Terms and this Agreement, PeopleBrowsr grants you a world-wide, non-exclusive, non-transferable, non-sub licensable right and license to download, access and use the Kred Apps together with your use of the Site and Services. Kred Apps may be placed on other websites, including online social network profiles and personal blogs, so long as they continue to link back to the Kred.com Site. PeopleBrowsr reserves the rights to modify the Kred Apps and any features therein, or to disable or discontinue access of the Kred Apps at any time for any reason.
9. Additional Restrictions for both Kred Apps and Kred APIs:
PeopleBrowsr asks that you use the Kred Apps and Kred APIs respectfully, as outlined below:
- You may not display or use the Kred App or Kred APIs in any manner that does not permit successful linking to the Kred.com Site, nor insert any intermediate page, splash page or other content between the Kred App link and the Kred.com Site, or otherwise use the Kred App or Kred APIs for other purposes for which the Kred Apps were not designed.
- You may not place Kred Apps on sites or use the Kred APIs to link to sites that involve pornography, racism, violence, gambling or illegal activities or that you are not authorized to use or access.)
- You may not use the Kred Apps or Kred APIs to interfere with or disrupt the Kred.com Site or other Sites or servers or networks connected to the Sites, or otherwise attempt to gain unauthorized access to any portion of the Sites.
- You may not decompile, reverse engineer, disassemble, modify, translate, embed, rent, lease, loan, distribute, or create derivative works or improvements from the Kred Apps or Kred APIs or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Kred Apps or Kred APIs (except and only to the extent the foregoing restriction is prohibited by applicable law).
- You may not sell, lease, loan, distribute, transfer, or sublicense Kred Apps or Kred APIs or access thereto or for commercial purposes or any other form of monetary gain, without PeopleBrowsr’s prior, express, written permission.
- You may not use, export, or re-export Kred Apps or Kred APIs in violation of applicable U.S. laws or regulations including United States Export Control laws.
- You may not use Kred Apps or Kred APIs in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Kred Specific Terms or this Agreement.
10. Specific Terms for Kred Influence and Kred Outreach:
When using the Kred.com Site, you may be provided a Kred Influence score and a Kred Outreach score calculated using PeopleBrowsr’s proprietary algorithm designed to measure what others do because of you ("Kred Influence") and your generosity ("Kred Outreach") through social networking and social media websites. You acknowledge that the Kred Influence and Kred Outreach scores will be dependent upon the data provided to PeopleBrowsr by third parties. PeopleBrowsr assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any third party takes based on your Kred Influence score or Kred Outreach score, or that you take based on any other user’s Kred Influence score or Kred Outreach score. Such scores should not be relied upon for significant personal, business, medical, legal or financial decisions. You will not hold PeopleBrowsr responsible and PeopleBrowsr disclaims all liability for any third parties’ actions, inactions, or reactions relating to your Kred Influence or Kred Outreach score.
11. General
PeopleBrowsr has the right to assign any or all of its rights and duties under this Agreement or to the Services to any third party. If PeopleBrowsr's obligations are assumed by a third party, PeopleBrowsr will have no liability under this Agreement. You shall not to assign or otherwise transfer, this Agreement in whole or in part, and any attempt to do so shall be void. You and PeopleBrowsr agree that your use of the Services and this Agreement will be governed by the substantive laws of the state of California without reference to its principles of conflicts of laws. You and PeopleBrowsr consent to the exclusive personal jurisdiction of and venue in a court located in San Francisco, California, United States of America for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this Agreement or the Services or this Site. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PeopleBrowsr' failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. Accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other locations outside of the United States, you do so at your own initiative and are responsible for compliance with local laws. This Agreement, including the Privacy Policy and all other policies posted on the Site, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and PeopleBrowsr with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Notwithstanding the foregoing, if you have entered into a written campaign services agreement ("MSA") with PeopleBrowsr and there is any inconsistency between the terms of the MSA and the terms of this Agreement, the terms in such MSA control your use of the Services instead of the terms of this Agreement. Any changes by you to this Agreement without PeopleBrowsr's written consent are void