Effective Date: February 28, 2013
Access to the Site
Restrictions on Use
Payment of Fees
If you subscribe to a Service on this Site that requires payment of a fee, you agree to pay all associated fees on a recurring monthly basis or as otherwise required by the Service. Unless otherwise agreed to in writing, Drawloop will bill your credit card for all charges for Services on this Site. Recurring charges shall be billed in advance of Service. You agree to provide Drawloop with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide Drawloop with any changes in such information within 5 business days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that Drawloop may, at its sole option, suspend or terminate your subscription to the Service and require you to pay the overdue amount immediately by other means acceptable to Drawloop. You agree that, until your subscription to the Service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event that legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Drawloop and Third Party Proprietary Information
Drawloop’s rights apply to the Drawloop APIs and all output and executables of the Drawloop APIs, excluding any software components developed by you which do not themselves incorporate the Drawloop APIs or any output or executables of the Drawloop APIs. Drawloop owns all rights, title, and interest in the Drawloop APIs.
Your Proprietary Information
Drawloop agrees that it has no rights to the data, documents, information or material that you submit in the course of using the Site and Services (“Submitted Data”). When submitting data, you, and not Drawloop, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Submitted Data. Drawloop shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Submitted Data. By using the Services, each user represents and warrants to Drawloop that it has the legal right to submit the Submitted Data. You agree to indemnify, defend and hold Drawloop harmless from any liability caused by your submission of Submitted Data in violation of a third party’s copyright or other rights of ownership. Drawloop reserves the right to withhold, remove and/or discard Submitted Data without notice for any breach, including without limitation, non-payment of fees. In addition, Drawloop reserves the right to withhold, remove and/or discard any Submitted Data submitted to Drawloop, which, in Drawloop’s sole opinion, is pornographic or otherwise in violation of Drawloop’s internal policies for publishable material. DRAWLOOP MAKES NO REPRESENTATION OR WARRANTY THAT ANY STANDARD EDITION SUBMIITED DATA SUBMITTED TO DRAWLOOP WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL SUBMITTED DATA SUBMITTED TO DRAWLOOP, INCLUDING WITHOUT LIMITATION, SUBMITTED DATA STORED ON LOOP SERVICES.
The Drawloop application programming interface (“Drawloop API”) is a Service that allows licensees and pre-approved licensees to access and display certain Drawloop Content and / or Services. Your license to the Drawloop APIs under this TOS shall continue until it is terminated by either you or Drawloop. You may terminate the license by discontinuing use of all or any of the Drawloop APIs. Drawloop may change, suspend, terminate, or discontinue any aspect of the Drawloop APIs at any time, including the availability of any Drawloop APIs. Drawloop may also impose limits on certain features and services or restrict your access to parts or all of the Drawloop APIs or the Drawloop Site without notice or liability. Drawloop shall not be liable to you or any third party should Drawloop exercise its right to modify or discontinue the Service or part of it.
Grant of API License
Upon issuance of an API key, you are granted a limited, non-sublicensable right to access the API and use the Services and Drawloop Content for your personal use only and in a manner consistent with Drawloop Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the API, and to block or prevent future access to and use of the API.
API Licensed Use and Restrictions
This license is subject to the following restrictions:
- You may not use the Drawloop APIs for any application that constitutes, promotes, or is used in connection with spyware, adware, or other malicious programs or code;
- You may not use Drawloop APIs in a manner that adversely impacts the stability of Drawloop servers or adversely impacts the behavior of other applications using the Drawloop APIs;
- All calls to the Drawloop API must reference the API key issued to you as an approved licensee.
- You agree to keep the API key confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and API Key. You may not sell, lease, share, transfer, or sublicense the Drawloop APIs or access or access codes thereto or derive income from the use or provision of the Drawloop APIs, whether for direct commercial or monetary gain or otherwise, without Drawloop’s prior, express, written permission;
- You may not use the Drawloop APIs in a product or service that replicates or attempts to replace the essential user experience of Drawloop or is substantially similar to or directly competes with products or services offered by Drawloop, Inc.;
- You may not cache or retain any copies of the Drawloop Content. Your license to Drawloop Content is limited to making direct server calls to Drawloop for the Drawloop Content and to distributing the Drawloop Content to your end user on your site(s), immediately upon receipt by your servers;
- You may not present the Drawloop Content (or permit the Drawloop Content to be presented) so that it appears to be available from a third party site;
- You may not separately extract and provide or otherwise use data elements from the Drawloop Content to enhance the data files of third parties;
- You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Drawloop API or any data provided by Drawloop;
- You may not delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice by Drawloop or our third party partners and sponsors), or link that appears in the Service or the Content;
- You may not sell, lease, or sublicense Drawloop APIs or access thereto or derive revenues from the use or provision of Drawloop APIs, whether for direct commercial or monetary gain or otherwise, unless you obtain prior written approval from Drawloop;
- You must not attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use Drawloop APIs;
- You are limited to a pre-set number of calls to the Drawloop API per day, determined by the Service you purchased. Drawloop, Inc. may approve higher daily call limits if you adhere to these API terms and upgrade your Service;
Attribution for the API
Content provided to you through the Drawloop API may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Drawloop, its partners, or other third party rights holders of content displayed by us. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unauthorized use of the Drawloop logo, marks, or brands is strictly prohibited. You shall place the following notice prominently on your application: “This product uses the Drawloop API but is not endorsed or certified by Drawloop.” Your use of the Drawloop logo or any of the Drawloop marks or brands is subject to these terms, the terms found elsewhere on the Drawloop Site, or prior written approval by Drawloop. Any use of the Drawloop logo in your application shall be less prominent than the logo or mark that primarily describes the application. Your use of the Drawloop logo shall not imply any partnership or endorsement by Drawloop.
The Drawloop Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
This Site may contain links to other sites which are not maintained by, or related to, Drawloop. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Drawloop. Drawloop has not reviewed any or all of such sites and is not responsible for the content of those sites. Drawloop is not responsible for webcasting or any other form of transmission received from any linked site. Links are to be used and third party sites accessed at the user’s own risk, and Drawloop makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this Site. Drawloop provides links as a convenience, and the inclusion of any link to a third party site does not necessarily imply endorsement by Drawloop of that site or any association with its operators.
Some of the Drawloop Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Drawloop Content, user-generated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by Drawloop on the Site are subject to change without specific notice to you. In consideration for Drawloop granting you access to and use of the Site and Services, you agree that Drawloop may place such advertising on the Site or Services.
You understand that Drawloop cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Drawloop does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DRAWLOOP DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DRAWLOOP DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRAWLOOP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DRAWLOOP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT DRAWLOOP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DRAWLOOP MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Drawloop does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.
Limitation of Liability
DRAWLOOP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DRAWLOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DRAWLOOP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF FEES PAID OR PAYABLE FOR THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password. Drawloop will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Drawloop considers insecure, Drawloop will be entitled to require the password to be changed and/or terminate your account.
Governing Law and Jurisdiction
Changes to this Agreement
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