TrendSpottr API Terms Of Use

This document sets forth the terms on which ShawKing Data, Inc., also operating as TrendSpottr ("TrendSpottr"), makes the TrendSpottr API (as defined below) available for use by application developers and third parties on other Web sites and applications. By using the TrendSpottr API, you and the organization ("you") agree to be bound by the following terms of use ("API Terms of Use"). If a person or entity is accessing the TrendSpottr API on your behalf or otherwise through your account, "you" or "your" will include any such person or entity. You further agree to ensure that any agent, representative, employee or other person or entity acting on your behalf in connection with accessing the TrendSpottr API complies with these API Terms of Use. You agree that you are responsible and liable for the acts and omissions of anyone accessing the TrendSpottr API through your account, including such person's or entity's failure to comply with these API Terms of Use.

1. TrendSpottr API

The TrendSpottr API is TrendSpottr's service that allows you to retrieve certain data ("TrendSpottr Data"). The TrendSpottr API consists of an application programming interface (API) for retrieving various TrendSpottr Data, grouped generally into calls to retrieve data from TrendSpottr's service as demonstrated on TrendSpottr's website (http://trendspottr.com) and other related applications and services. TrendSpottr may release subsequent versions of the TrendSpottr API and require you to obtain and use the most recent version. New versions may not be compatible with previous implementations.

The TrendSpottr API offers two services with differing terms of use. The "TrendSpottr Free API" consists of a small number of API calls with a default usage limit. The "TrendSpottr Paid API" consists of a larger set of API calls grouped into several usage plans for which the user must pay a fee per access and for which additional fees apply if the user exceeds the monthly usage limit included in their plan.

2. License to TrendSpottr API & Data

Subject to your compliance with these Terms of Use, you may access the TrendSpottr API and implement the TrendSpottr API on your Web site(s) and Application(s).

This license is subject to the following restrictions:

  1. All calls to the TrendSpottr API must reference the TrendSpottr user ID (the "APIKEY") issued to you as an approved licensee.
  2. You agree to keep the APIKEY confidential, and not to share it with any third party. This license is personal to you, and any of your affiliates must seek and obtain their own license and APIKEY.
  3. You will not permit your users to access TrendSpottr Data in bulk.
  4. You may not collect personally identifiable information using the TrendSpottr API from any person without obtaining such person's express, affirmative and informed consent to do so.
  5. You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble, copy, create derivative works of or reverse engineer any aspect portion of the TrendSpottr API or of any TrendSpottr Data, including source code or algorithms.
  6. You may not use the TrendSpottr API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the TrendSpottr API documentation, as determined by TrendSpottr in its sole discretion.
  7. You may not sell, lease or sublicense the API or access thereto.
  8. You may not use the TrendSpottr API in a product or service that competes with products and services offered by TrendSpottr, unless you have TrendSpottr's prior written approval.
  9. You may not use the TrendSpottr 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 (e.g. Nazi memorabilia) 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.
  10. You may not use the TrendSpottr API in any manner or for any purpose that violates any law or regulation or any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, that might be reasonably considered to be unlawful, fraudulent, deceptive, unethical, misleading or harmful to the TrendSpottr API or TrendSpottr or that is in any manner inconsistent with TrendSpottr's Terms of Use, Privacy Policy or these API Terms of Use.
  11. 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 or comply with under these API Terms of Use, or the terms of ShawKing Data Inc's Terms of Use, then you agree to notify TrendSpottr promptly of such breach by e-mail to api@trendspottr.com, and to take commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of TrendSpottr, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to TrendSpottr or its licensors, or (b) assign any of your applicable rights to permit TrendSpottr 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 and your use of the TrendSpottr API.

3. License to TrendSpottr Brand & Links

You agree, and TrendSpottr grants you a license, to implement the TrendSpottr name, logo(s), trademark, and links to TrendSpottr.com (the "TrendSpottr Brand & Links") on any Web page incorporating the TrendSpottr API and/or TrendSpottr Data.

4. Acceptable Use

You agree not to use the TrendSpottr API, TrendSpottr Data, or TrendSpottr Brand & Links in any way that is unlawful, or harms TrendSpottr, its service providers, its suppliers, your end users, or any other person, or in violation of Section 2. Further, pursuant to Section 12 below, TrendSpottr may terminate your use of the TrendSpottr API, TrendSpottr Data and TrendSpottr Brand & Links if and when TrendSpottr determines that your use is inappropriate.

5. Limited Relationship

You and TrendSpottr are independent contractors, and nothing in these 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 TrendSpottr API, you agree not make any other public statements that assert or imply any other relationship with TrendSpottr, unless you have TrendSpottr's prior written approval. Neither the name of TrendSpottr nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of TrendSpottr.

6. Indemnity

You agree to hold harmless and indemnify TrendSpottr, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any claims, losses, damages (actual and consequential), suits, judgments, costs and expenses (including attorneys' fees) of every kind and nature arising from or in any way related to your or your users' use of the TrendSpottr API or TrendSpottr Data, use of TrendSpottr Brand & Links, violation of these API Terms of Use or other actions connected with your or your users' use, development or distribution of TrendSpottr's services, including any infringement of any third party proprietary rights.

7. NO WARRANTY

TRENDSPOTTR PROVIDES THE TRENDSPOTTR API, TRENDSPOTTR DATA, AND TRENDSPOTTR BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRENDSPOTTR AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. TRENDSPOTTR AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

8. LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL TRENDSPOTTR OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF TRENDSPOTTR API, TRENDSPOTTR DATA, OR TRENDSPOTTR BRAND & LINKS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST TRENDSPOTTR OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRENDSPOTTR API, TRENDSPOTTR DATA, AND TRENDSPOTTR BRAND & LINKS.

9. Intellectual Property

The TrendSpottr API, TrendSpottr Data, and TrendSpottr Brand & Links are the property of TrendSpottr, and TrendSpottr and its applicable licensors retain all rights, title and interest (including all patent, trademark, copyright and other proprietary rights) in and to the TrendSpottr APIs, TrendSpottr Data, and TrendSpottr Brand & Links, as well as any derivative works in connection therewith.

10. Changes

TrendSpottr reserves the right to change the API Terms of Use at any time, and you are responsible for regularly reviewing these API Terms of Use. TrendSpottr may also modify any of the TrendSpottr APIs or methods of accessing the TrendSpottr APIs for any or no reason at any time. Your continued use of the TrendSpottr API and/or TrendSpottr Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. TrendSpottr may suspend or discontinue the Services at any time to you and/or to others, without notice. These API Terms of Use do not create any right to rely upon the continued availability of and/or access to the TrendSpottr APIs.

11. Fees and Payments

TrendSpottr reserves the right to charge fees for future use of or access to the TrendSpottr Free API or the TrendSpottr services and Web sites (collectively, "TrendSpottr APIs Services") in TrendSpottr's sole discretion. If TrendSpottr decides to charge for the TrendSpottr APIs Services, such charges will be disclosed to you prior to their effect, and your refusal to accept and pay such fees after receiving such notice will result in termination of your use of the TrendSpottr API, TrendSpottr Data, and/or TrendSpottr Brand & Links. TrendSpottr will charge fees for the use of the TrendSpottr Paid API in accordance with the individual contracts that grant access to that system to customers.

12. Termination

TrendSpottr may change, suspend or discontinue the TrendSpottr API and suspend or terminate your use of the TrendSpottr API, TrendSpottr Data, and/or TrendSpottr Brand & Links at any time for any reason, with or without cause, and without notice, and such use by you will automatically terminate in the event of your failure to comply with any provision of these API Terms of Use, TrendSpottr API Branding Requirements, or TrendSpottr's Terms of Use. You may also terminate by ceasing to use the TrendSpottr API, TrendSpottr Data, and TrendSpottr Brand & Links, removing implementation of the TrendSpottr API from your Web site(s) and application(s) and deleting all copies of the TrendSpottr Data and TrendSpottr Brand & Links.

13. Applicable Laws

These API Terms of Use are governed, construed and enforced in accordance with the laws of the Province of Ontario, Canada. You agree that any legal action, proceeding, controversy or claim arising out of or relating to this Agreement may be brought and prosecuted only in a court of law in the Province of Ontario, Canada, and by execution of this Agreement you hereto submit to the exclusive jurisdiction of such court and waive any objection it might have based upon improper venue or inconvenient forum. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

14. General

You represent that you have the authority to bind the organization (if any) identified in your application for the TrendSpottr API. You agree not to export from anywhere any part of the TrendSpottr API, TrendSpottr Data, or TrendSpottr Brand & Links provided to you or any direct product thereof except in compliance with, and having obtained all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these 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 API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. TrendSpottr may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, sublicense, or delegate the API Terms of Use or your APIKEY to any third party. TrendSpottr'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 API Terms of Use constitute the entire agreement between you and TrendSpottr with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and TrendSpottr with respect to the TrendSpottr API, TrendSpottr Data, or TrendSpottr Brand & Links.