Terms of Service
INFOCHIMPS TERMS OF SERVICE
THE FOLLOWING AGREEMENT DESCRIBES THE TERMS UNDER WHICH INFOCHIMPS, INC. OFFERS YOU ACCESS TO THE INFOCHIMPS SERVICE.
BY USING THE SERVICE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SERVICE FOR ANY PURPOSE.
These Terms of Service (“TOS”) constitute a legal agreement between you (“you” or “user”) and Infochimps, Inc. (“Infochimps”), the provider of the Service.
As used in the TOS, the term “Service” refers to all of the various features, services and resources made available to you by Infochimps, including, but not limited to:
- Infochimps-owned web sites, such as www.infochimps.com and www.datamarketplace.com, as well as any other Infochimps-branded or co-branded web sites (including sub-domains, international versions, widgets, and mobile versions)
- Databases and data sets made available by Infochimps for you to download
- APIs and similar services made available by Infochimps for you to retrieve data from Infochimps or provide data to Infochimps
Your use of the Service is expressly conditioned your agreement to, and your continued compliance with, the terms and conditions laid out in the TOS, so you should take the time to fully understand how it governs your relationship with Infochimps and your use the Service. Any questions, concerns or comments you have about the TOS may be directed to Infochimps at email@example.com.
From time to time Infochimps may update or revise certain provisions of the TOS. Infochimps may amend the TOS at any time and for any purpose by posting an amended TOS on the Service. Any changes to the TOS will become effective immediately upon posting of the amended TOS unless Infochimps specifies another effective time. If you are a registered user at the time of such modifications, Infochimps will notify you of the proposed change via the Service. You are responsible for regularly reviewing the latest version of the TOS and any additional or modified terms and conditions that may be posted. Your continued use of the Service following any modification of the TOS constitutes your agreement to the amended TOS. If you do not agree to any modification of the TOS, your only recourse is to stop using the Service. As a best practice, Infochimps recommends that all users visit this page regularly to monitor any changes.
Unless otherwise agreed in separate written agreement with Infochimps, your relationship with Infochimps will always be governed, at a minimum, by the general terms and conditions set out at http://www.infochimps.com/terms (the “General Terms”). To access or use some features, resources or other portions of the Service, you understand that you may be required to agree to and comply with additional terms and conditions (“Additional Terms”) specifically applicable to such features, resources or other portions of the Service and such Additional Terms, as applicable, will be deemed to be incorporated as a part of the TOS.
You understand that Additional Terms may be imposed by Infochimps or one or more of its third-party providers. Where Additional Terms apply to certain features, resources or other portions of the Service, such Additional Terms will be accessible for you to read either within, or through your use of, such features, resources or other portions of the Service. In many cases, the Additional Terms applicable to a particular feature, resource or other portion of the Service will contain special permissions or restrictions that govern your use of that feature, resource or portion of the Service, so you should take the time to fully understand the Additional Terms and how they apply to your use of the Service.
If there is any contradiction between the General Terms and any Additional Terms, the Additional Terms are given precedence, but only in relation to the specific features, resources or other portions of the Service to which such Additional Terms specifically apply. In some cases, a particular feature, resource or other portion Service may be available under one or more sets of Additional Terms. For example, a particular resource may be available for download at no charge so long as you agree to comply with certain restrictions specified in the Additional Terms applicable to the no-charge download while another version of the resource may be made available under less restrictive terms if you opt to receive it as a premium service and pay the fees specified in the Additional Terms applicable to the premium service. In general, if more than one set of Additional Terms potentially applies to a particular resource, the least restrictive set of Additional Terms will govern your use of that particular resource so long as you comply with all of the applicable conditions and pay the applicable fees, if any, specified in that set of Additional Terms.
In some cases, a particular feature, resource or other portion Service may have been obtained by Infochimps pursuant to a license or other legal terms established by one or more third-party sources that prohibit certain terms or conditions. In those cases, Infochimps hereby offers that feature, resource or other portion Service to you free of any terms or conditions that otherwise would be incompatible with the applicable license or other legal terms, if any. Nevertheless, all compatible terms and conditions of the TOS are still binding on you and your use of that feature, resource or other portion Service.
To access some features, resources or other portions of the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide to Infochimps be correct, current, and complete. If Infochimps believes the information you provide is not correct, current, or complete, Infochimps has the right to refuse you access to the Service or any of its resources, and to terminate or suspend your access at any time. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Infochimps will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Infochimps or others due to such unauthorized use.
How You Can Use the Service
Infochimps grants you only a limited license to access and make use of the Service for your own personal, non-commercial purposes. This license is the only license to the Service granted by Infochimps unless you have a separate written agreement with Infochimps or there are Additional Terms applicable to your use of a particular feature, resource or other portion of the Service. This license does not include any resale or commercial use of the Service, its contents or any derivatives. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of, or access to, the Service without the express prior written consent of Infochimps.
You may not download any data or other resource made available as part of the Service, except for temporary system caching necessary for your own personal, non-commercial use of the Service in accordance with the TOS and applicable Additional Terms, if any, and not for further distribution or transfer to others, without the express prior written consent of Infochimps. You may not–and you agree not to–modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Service, except in accordance with the TOS and as set forth in applicable Additional Terms, if any, or otherwise agreed in writing with Infochimps. Additionally, except as set forth in applicable Additional Terms, if any, or otherwise agreed in writing with Infochimps, you may not: frame or mirror any part of the Service without the express prior written consent of Infochimps; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; create a database or data set by systematically downloading and storing content from the Service; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, download, extract, copy, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service. Any unauthorized actions taken by you or by any third party on your behalf automatically terminates any and all permissions or licenses granted to you by Infochimps.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on infrastructure. Many of the features and information on the Service are updated on a real time basis and are proprietary to Infochimps or are licensed to Infochimps by third parties.
The Service must not be used:
- to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortuous, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another person’s privacy;
- to conduct any activity that is a violation of any law or to request unlawful services or materials;
- to impersonate any person or entity, including, but not limited to, any Infochimps employee or representative, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
- in the furtherance of any activity that infringes (directly or indirectly) upon the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;
- to interfere with any other party’s use and enjoyment of the Service; or
- in any way that deliberately degrades or disables the Service or any other computer system or to prevent or impede the delivery of any legitimate data.
Infochimps reserves the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time. Infochimps may, but has no obligation to, remove user content and accounts containing user content that Infochimps determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or in violation of any party’s intellectual property or these TOS. Infochimps reserves the right to cancel a paid account immediately and without refund if any use on that account violates the TOS.
If you violate any of the guidelines set forth above, or any other aspect of the TOS, rights to use the Service may be suspended or terminated without giving you any notice. In the event that your rights to use the Service are terminated, you will immediately lose access to any information that may be stored through the Service. YOU UNDERSTAND THAT INFOCHIMPS IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION THROUGH THE SERVICE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
Notices and Procedures for Making Claims of Copyright Infringement
Infochimps respects the copyrights of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to this service provider’s designated agent if they have a good-faith belief that their protected works are being infringed. Please refer to http://www.infochimps.com/copyright for further instructions.
In connection with some features or portions of the Service, you may be allowed to post, link to, upload and otherwise provide information and materials for use by Infochimps and others by or through the Service, including graphics, sounds, text and data of any kind (any such information and materials is referred to as “Content”). Except to the extent covered by applicable Additional Terms, if any, or otherwise agreed in writing with Infochimps, if you post, link to or contribute Content, you promise, guarantee, represent and warrant to Infochimps that.
- You have legal rights to post, contribute or link to such Content and the inclusion and use of the Content as part of the Service in the manner contemplated by the TOS will not violate any law or the rights of any person;
- While you or the rightful owner of the Content retain all of ownership rights in the Content, you give Infochimps (and have the necessary rights to give Infochimps) the royalty-free, irrevocable, perpetual, worldwide right and license (with the right to sublicense) to use, copy, reproduce, process, adapt, transmit, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media or distribution method (now known or later developed), in any manner, in whole or in part, without any restriction or any compensation or other responsibilities to you;
- You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through the Service; and
- You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name, likeness or personally-identifiable information of each and every such identifiable individual person to enable inclusion and use of the Content as part of the Service in the manner contemplated by the TOS.
For all Content provided by any user by or through the Service, you understand that Infochimps is not responsible for the truth, accuracy, completeness, objectivity, or usefulness of such Content, nor does Infochimps endorse any Content; Infochimps undertakes no responsibility to verify the identity of people using the Service; and Infochimps undertakes no responsibility to screen, monitor, edit or review Content before it appears on the Service. Infochimps does have the right, but not the obligation, to monitor or remove any Content, in its sole discretion, at any time and without notice if Infochimps believes doing so will improve the Service. Infochimps also has the right, but not the obligation, to suspend or terminate use of the Service by anyone who violates the TOS. Nevertheless, because Infochimps undertakes no responsibility to prescreen Content, you understand that by using the Service, you may be exposed to Content that is harmful, offensive or otherwise objectionable.
Infochimps Intellectual Property Rights
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries, with all rights reserved. All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Infochimps and its licensors. Any feedback, comments, or suggestions you may provide regarding Infochimps, or the Service is entirely voluntary and Infochimps will be free to use such feedback, comments or suggestions as Infochimps sees fit and without any obligation to you.
Infochimps hereby grants you a limited license to use the Infochimps name, trademarks, logos, domain names, and other distinctive brand features of Infochimps in order to comply with any attribution requirements specified as part of any Additional Terms, as applicable. You agree (i) to comply with Infochimps’ then-current brand usage policies, as revised by Infochimp, from time to time, in its sole discretion; (ii) to maintain a good, professional and high standard of quality with respect to the services offered, sold, or performed in connection with any such attribution; and (iii) that the goodwill developed by such use inures to the benefit of Infochimps. You have no right to use the Infochimps name or any of the trademarks, logos, domain names, and other distinctive brand features of Infochimps, except as expressly authorized by Infochimps.
Performance Problems, Computer Viruses, Etc.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Service. Computer viruses or other destructive programs may also be inadvertently downloaded from the Service.
Infochimps is not responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Service or any downloads from the Service. Infochimps recommends that you install appropriate anti-virus or other protective software.
INFOCHIMPS SHALL NOT BE LIABLE FOR ANY FAILURE OF PERFORMANCE THAT RESULTS FROM ANY CAUSE BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS.
You understand that certain versions or features of the Service may be offered, from time to time as “Beta Service” which means that they are still under development and that they are being provided for the purpose of gathering input about the way you use those versions or features, the stability of those versions or features or other information helpful as Infochimps develops non-Beta Service versions. When using a Beta Service, you are considered a “Beta User.” Infochimps grants Beta Users a non-exclusive, non-sublicensable, non-transferable license to use the Beta Service, solely for testing and evaluation purposes. Infochimps reserves the right to discontinue the Beta Test at any time and to refrain from offering a commercial version of the Beta Service. Infochimps also reserves the right to alter features, licensing terms, or other characteristics of any commercial version of the Beta Service Infochimps may choose to release. As a Beta User, you acknowledge that feedback concerning users’ experiences with the Beta Service is essential to its improvement. Accordingly, you agree that Infochimps, its licensors or other suppliers may gather information from you relating to your use of the Beta Services, including frequency of nature of use. You also agree that Infochimps may solicit feedback concerning your experience with the Beta Services via a survey or other means. Such information will be used in connection with evaluating and improving the Beta Service. You acknowledge that the Beta Service is experimental and may have defects or deficiencies that cannot or will not be corrected by Infochimps, its licensors or other suppliers. Infochimps is under no obligation to release the Beta Service commercially, to continue offering the Beta Service, to provide you with any hard-copy documentation, support, assistance, error corrections, updates, upgrades, bug fixes or enhancements, or to offer any final version the Beta Service to you. You shall have sole responsibility for the adequate protection and backup of any data you use with the Beta Service. You agree that Infochimps may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Service. You hereby grant Infochimps a royalty-free, fully-paid, worldwide, exclusive, transferable, sublicenseable, irrevocable and perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Service. Certain Beta Services may be provided to you contingent on your agreement not to disclose any information about the nature of the Beta Services, your experience using the Beta Services or other aspects of the Beta Services features, functionality, technical specifications or quality. In such cases, you agree not to disclose such proprietary information to any third party without the express written consent of Company. ALL NON-CONFLICTING TERMS THAT APPLY TO THE SERVICE APPLY TO YOUR USE OF BETA SERVICES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFOCHIMPS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT INFOCHIMPS MAKES NO WARRANTY THAT (a) USING THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
NO COMMUNICATION, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INFOCHIMPS OR THROUGH OR FROM THE SERVICE CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT OR CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INFOCHIMPS OR ANY OF ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR INFOCHIMPS, EVEN IF INFOCHIMPS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, STRICT LIABILITY, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY INFOCHIMPS AND ANY OF ITS AFFILIATES OR SUPPLIERS TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU), FOR ANY DAMAGES WHATSOEVER, IS LIMITED TO $250.00.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree, at your own expense, to indemnify, defend and hold harmless Infochimps and its employees, representatives, subsidiaries, affiliates, officers, directors, suppliers and agents (collectively, the “Company Indemnified Parties”), against any claim, suit, action or other proceeding against Infochimps Indemnified Parties, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Service (or the use of any of your accounts or sub-accounts) specifically including, but not limited to, (i) any violation of the TOS; and (ii) any claim that any use of the Service by you infringes any third party intellectual property right, is libelous or defamatory, or otherwise results in injury or damage to anyone. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Governing Law; Jurisdiction; Venue
The TOS and any claims, legal proceedings or litigation arising in connection with the Service will be governed by the laws of the State of Texas and the federal laws of the United States of America without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Travis County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
You agree that Infochimps may, without prior notice, immediately terminate your access to the Service. Causes for termination may include, but are not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination may include (i) removal of all access to the Service, (ii) removal of access and deletion of all related information, files and content associated with or inside the Service, and (iii) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Infochimps’ sole discretion and that Infochimps shall not be liable to you or any third party for any termination of the Service.
U.S Export Controls
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content, data or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service any content, data or software that cannot be exported or re-exported without prior written government authorization, including, but not limited to, certain types of encryption software. No content, data or software made available through the Service may be downloaded, transferred or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. For avoidance of doubt, your assurances and commitments made pursuant to this paragraph survive any termination of the TOS.
The safety of children is very important to us. The Service is intended for general audiences in compliance with the Children’s Online Privacy Protection Act. If a child under age 13 attempts to register with Infochimps, Infochimps asks that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child’s information by Infochimps, that parent can send an e-mail to Infochimps at firstname.lastname@example.org to request deletion of their child’s account.
Infochimps strives to create a truly safe place for children on the Internet. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
Except as otherwise expressly provided in a separate written agreement with Infochimps that specifically states it takes precedence over the TOS, the TOS constitutes the entire agreement between you and Infochimps and supersedes any and all prior or contemporaneous agreements between you and Infochimps relating to your use of the Service. If any part of the TOS is determined to be invalid or unenforceable, it will not impact any other provision of the TOS, all of which will remain in full force and effect. You agree that the TOS is not intended to confer and does not confer any rights or remedies upon any person other than you and Infochimps.
Last updated: March 15, 2011. © 2009-2013 Infochimps, Inc.