This agreement (herein, “Terms of Use”) applies to your access to, and use of, the content, documentation, code, data and related materials made available by CitySpark, Inc. (“CitySpark”) to you through the use of the CitySpark application programming interface (collectively, the “CitySpark API”). By using the CitySpark API you agree to these Terms of Use. In the event that there is any inconsistency on overlapping terms between these Terms of Use and any other signed agreement in place between you and CitySpark, these Terms of Use will be subordinate to the other agreement.
CitySpark, Inc. ("CitySpark") reserves the right to update and change, from time to time, these Terms of Use. The most recent version of these Terms of Use is always available to you at http://api.cityspark.com/terms. CitySpark may change these Terms of Use by posting a new version without notice to you. Use of the CitySpark API after such change constitutes acceptance of such changes.
When you use the CitySpark API, you agree to follow these Terms of Use and all applicable laws. If you’re using the CitySpark API on behalf of a company, organization, or other entity, then you and that entity (collectively “Licensee”), represent and warrant that you’re authorized to grant all permissions and licenses provided in these terms and bind the entity to these terms, and that you agree to these terms on the entity’s behalf.
Subject to Licensee’s full compliance with all of the terms and conditions of these Terms of Use, CitySpark grants Licensee a non-exclusive, revocable, non-sublicensable, non-transferable license to use the CitySpark API for use in Licensee’s mobile or other online applications. All rights not expressly granted to you are reserved by CitySpark.
CitySpark will determine in its sole discretion the tools, content and data available in the CitySpark API, and may impose certain requirements with respect to the use of the CitySpark API, including trademarks, logos or other intellectual property, how much information may be used in a single application, and the amount of times particular types of content may be displayed.
The CitySpark API may be protected by patents, copyrights, trademarks, and/or other proprietary rights and laws of the U.S. and other countries. CitySpark's rights apply to the CitySpark API and all output and executables of the CitySpark API. 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 of Use. CitySpark owns all rights, title, and interest in and to the CitySpark API. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by CitySpark, including (but not limited to) the CitySpark API and CitySpark trademarks.
Except as expressly and unambiguously authorized under this Agreement, Licensee may not copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter any part of the CitySpark API or otherwise use the CitySpark API on behalf of any third party.
Licensee shall not use the CitySpark 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 or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, stolen products or items used for theft.
CitySpark expressly reserves the right to limit the number and/or frequency of API requests in its sole discretion. You agree to comply with that rate limit and any restrictions to specific data fields at all times. Your rate limit is 20,000 API calls per day. Please contact support@cityspark.com for any exceptions or increases to this limit. These rate limits and any associated restrictions are subject to change from time to time at CitySpark's sole discretion, effective immediately upon posting. You understand and agree that programmatic methods intended to subvert rate limiting (including maintaining a cache of the data) are considered a violation of these Terms of Use.
The CitySpark API shall not be used for print applications. For print applications, please utilize CitySpark’s reverse publishing tools.
Information accessed through the CitySpark API shall be cached or stored only temporarily as required to provide Licensee’s end-users ability to access it. In no case shall the Licensee maintain a cache or store of any set or subset of data accessed through the CitySpark API for more than 24 hours.
Any events displayed are required to display or otherwise include the all event source links provided by CitySpark associated with each respective event.
All applications utilizing the CitySpark API are required to include the following:
· The attribution “Powered by CitySpark” at the bottom of the page, or other mutually agreeable location
· A link to the CitySpark end-user terms of use provided by CitySpark or a CitySpark-approved version of your own end-user terms of use policy
You, or the person for whom the API access was authorized, must be reachable at all times for any security questions or concerns. You can change this name or contact by requesting a new API authorization from CitySpark, and/or providing the correct contact information. CitySpark reserves the right to terminate CitySpark API access and all associated licenses at its own discretion if it is unable to contact Licensee for any reason.
You agree to access and handle the CitySpark API in a secure manner. You will report to CitySpark any violations of the security of your systems that access the CitySpark API. CitySpark may investigate your compliance with the security measures you have established.
These Terms of Use do not entitle Licensee to any support for the CitySpark API, unless Licensee makes separate arrangements with CitySpark and pays all fees associated with such support. Any such support provided by CitySpark shall be subject to the terms of this Agreement.
The CitySpark API is provided "as is" without warranty of any kind. Except to the extent required by applicable law, CitySpark disclaims all warranties, whether express, implied or statutory, regarding the CitySpark API and any information accessed through it, including without limitation any and all implied warranties of merchantability, accuracy, results of use, reliability, or fitness for a particular purpose. Further, CitySpark disclaims any warranty that Licensee's use of the CitySpark API will be uninterrupted or error free.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CITYSPARK OR ITS VENDORS, BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE CITYSPARK API, EVEN IF CITYSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
Licensee agrees that CitySpark shall have no liability whatsoever for any use Licensee makes of the CitySpark API. Licensee shall indemnify and hold harmless CitySpark from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from Licensee's use of the CitySpark API.
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.
CitySpark'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.
The Terms of Use and the relationship between Licensee and CitySpark shall be governed by the laws of the State of Utah, without reference to its conflict of law principles. Any action or proceeding arising from or relating to the Terms of Use or the CitySpark API must be brought in a federal court in Salt Lake City, Utah or in state court in Salt Lake County, Utah and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
Your license to the CitySpark API under the Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of the CitySpark API. CitySpark may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) CitySpark publicly posts a written notice of termination on CitySpark's website, (iii) CitySpark sends a written notice of termination to you, or (iv) CitySpark ceases providing access to the CitySpark APIs to you. Upon termination for any reason, Licensee shall cease using, destroy and remove from all computers, hard drives, networks, and other storage media all copies of the CitySpark API, and shall so certify to CitySpark that such actions have occurred. Sections 6 through 9 as well as all accrued rights to payment for the CitySpark API shall survive such termination.