Thank you for using the Applied Answers Inc./FileGenius application programming interfaces (the "APIs"). By using the APIs, you agree to the terms below. If you disagree with any of these terms, Applied Answers Inc. does not grant you a license to use the APIs. We reserve the right to update and change these terms from time to time without notice.
Your license to the APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the APIs. Applied Answers Inc. may terminate the license at any time for any reason. Your rights to use the APIs terminate automatically if (i) you violate any of these terms, (ii) Applied Answers Inc. publicly posts a written notice of termination on the FileGenius website, (iii) Applied Answers Inc. sends a written notice of termination to you, or (iv) Applied Answers Inc. disables access to the APIs to you.
1. Licensed Uses and Restrictions
The APIs are owned by Applied Answers Inc. and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the APIs, all updates, revisions, substitutions, and any copies of the APIs made by or for you. All rights not expressly granted to you are reserved by Applied Answers Inc.
- You shall:
- Comply with these API Terms of Use.
- Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
- You shall not:
- Use APIs for any application that replicates or attempts to replace the essential user experience of Applied Answers/FileGenius or any other Applied Answers/FileGenius interface.
- Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use APIs.
- Request, collect, solicit, or otherwise obtain access to login names, passwords or other authentication credentials for Applied Answers/FileGenius applications other than by directing users to Applied Answers/FileGenius applications in the mechanism specifically provided by the APIs.
- Cache or store any Applied Answers/FileGenius applications' user information other than for reasonable periods in order to provide the service you are providing to Applied Answers/FileGenius applications' users.
- Use APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
- Use 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 of personality.
- Use APIs in a manner that adversely impacts the stability of Applied Answers/FileGenius servers or adversely impacts the behavior of other applications using the APIs.
- Sell, lease, or sublicense APIs or access thereto or derive revenues or other benefits from the use or provision of APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
2. Commercial Use
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Rules and Restrictions.
If the primary purpose of your application is to derive revenue, it is considered a commercial application. Applied Answers Inc. reserves the right to make these evaluations at the time that you apply for the license. Applied Answers Inc. may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.
If you're in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:
- Users are charged a fee for your product or service which includes some sort of integration using the APIs.
- Ad revenue is generated by your product or service which includes some sort of integration using the APIs.
- You sell services to Applied Answers/FileGenius applications' users and use the APIs to bring users' Applied Answers/FileGenius applications' content into your service.
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Application for Commercial Use
If you are interested in commercial use of the API, please share your business proposal by contacting Customer Service: http://www.filegenius.com/contact. You can't be too specific about your intended use of the Commercial APIs. Lack of specificity or supporting information could delay your application indefinitely. When in doubt, it's always better to include more detail about your application. Please note that in some cases we may grant your request for a commercial API key subject to your payment of fees, such as to help cover infrastructure costs.
3. Branding Guidelines
You agree to comply with the branding and attribution guidelines (the "Branding Guidelines") for the APIs which is located at http://filegenius.com/developers/terms-and-conditions/branding (or such other URL that Applied Answers Inc. may provide from time to time). The Branding Guidelines are incorporated into these Terms by this reference.
4. Ownership and Relationship of Parties
The APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Applied Answers Inc. rights apply to the APIs and all output and executables of the APIs, excluding any software components developed by you which do not themselves incorporate the APIs or any output or executables of the APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Applied Answers Inc. owns all rights, title, and interest in and to the APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Applied Answers Inc., including (but not limited to) the APIs and Applied Answers/FileGenius trademarks.
5. Support
Applied Answers Inc. may elect to provide you with support or modifications for the APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Applied Answers Inc. may change, suspend, or discontinue any aspect of the APIs at any time, including the availability of any APIs. Applied Answers Inc. may also impose limits on certain features and services or restrict your access to parts or all of the APIs or the Applied Answers/FileGenius web- and/or cloud-based sites without notice or liability.
6. Fees and Payments
Applied Answers Inc. is committed to free and open access to our APIs. However, providing the APIs does have real costs for Applied Answers Inc. For uses of APIs over a certain rate or for certain types of commercial applications, Applied Answers/FileGenius reserves the right to charge fees for the use of or access to the APIs.
7. Disclaimer of Any Warranty
SOME OF THE APIs MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. APPLIED ANSWERS INC. DOES NOT REPRESENT OR WARRANT THAT ANY APIs ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE APIs ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND APPLIED ANSWERS INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF APIs IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY APIs INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
8. Limitation of Liability
APPLIED ANSWERS INC. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLIED ANSWERS INC. APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT APPLIED ANSWERS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL APPLIED ANSWERS INC. BE LIABLE TO YOU FOR ANY AMOUNT.
9. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
10. Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Applied Answers Inc., and its subsidiaries, affiliates, officers, agents, contractors, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of APIs. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
11. Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Applied Answers Inc. and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Applied Answers Inc. shall use good faith efforts to provide you with written notice of such claim, suit or action.
12. General Terms
- Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Applied Answers Inc. shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Applied Answers Inc., express or implied, and you shall not attempt to bind Applied Answers Inc. to any contract.
- Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
- Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Applied Answers Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Applied Answers Inc. agree to submit to the personal jurisdiction of the courts located within Hall County, Georgia, United States of America.
- No Waiver of Rights. Applied Answers's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
- Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Applied Answers Inc. and you with respect to the subject
