Thank you for using the burrp! Local Search API! By using the Burrp! Local Search API (the "Service"), you ("You") accept and agree to be bound by the Terms of Service for burrp! Local Search as well as these additional terms and conditions (the "Terms of Use").
The API consists of Javascript that allows You to display Burrp! local content on your website, subject to the limitations and conditions described below. The API is limited to allowing You to display local content only, and does not provide You with the ability to access the underlying local data, any services provided by Burrp! in connection with its local search service or any other Burrp! service.
Subject to the limitations and conditions described below, You may use the API to display local content in conjunction with other information You provide to end users. The API may be used only for services that are generally accessible to consumers without charge.
In order to obtain the API, You must have a Burrp! License Key. After supplying Burrp! with Your account information, the URL of your service, and agreeing to the Terms of Use, You will be issued an alphanumeric key assigned to You by Burrp! that is uniquely associated with your Burrp! Account and the URL of your service. Your service must import the Burrp! Local Search API using an HTML <script> tag that contains this key, as described in the Local Search API documentation, and Burrp! will block requests with an invalid key or invalid URL. Burrp! shall have sole and complete control over the local content and format.
The Burrp! local content accessible to you through the Service may contain photographic imagery. Your use of this photographic imagery is limited to displaying it to end users within the Service itself, and in the same manner, form, format, and appearance as it is provided by the Service. You may not, nor may you allow others to, copy, distribute, display, alter, or otherwise use, this photographic imagery except as it is provided to you through the Service. Burrp! reserves the sole right and discretion to determine whether your display of photographic images through the Service is in conformance with this Section, and also reserves the right to terminate or suspend your access to photographic imagery at any time for any reason, without notice.
Burrp! reserves the right to release subsequent versions of the API and to require You to obtain and use the most recent version. Burrp! may modify the Terms of Use at any time with or without notice, and You can review the most current version of the Terms of Use online at any time at http://www.burrp.com/widget/local-widget-tos.html . If a modification is unacceptable to You, You may cancel the Service by removing the Javascript from Your Site. If You continue to use the Service on any Site, You will be deemed to have accepted the modifications.
The Service may be used only for services that are generally accessible to consumers without charge.
You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not:
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to India or your country of residence.
The Service does not include advertising in the local content. However, Burrp! reserves the right to include advertising in the local content provided to You through the Service, but will provide You with thirty (30) days notice prior to the commencement of advertising. Such notice may be provided on relevant Burrp! websites, including but not limited to the Burrp! Local Search API Blog (or such successor URLs that Burrp! may designate from time to time). During that 90 day period, you may terminate your use of the Service, or provide notice of your refusal to accept advertising in accordance with Burrp!'s policies and procedures for providing such notice (which Burrp! may make available from time to time in its sole discretion).
There is a limit of 5,000 requests per day per Local Content API key. If you exceed this 24-hour limit, the Local Content API may stop working for you temporarily. If you continue to abuse this limit, your access to the Local Content API may be blocked permanently.
For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Burrp!, You acknowledge that Burrp! owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Use.
For purposes of the Terms of Use, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Burrp! hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Burrp!'s Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section 2.2 and for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to Burrp! a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service.
In using Burrp! Brand Features, you may not:
You understand and agree that Burrp! has the sole discretion to determine whether your use of Burrp! brand features is in accordance with the above restrictions.
Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of Burrp!'s Brand Features (including any goodwill associated therewith) shall inure to the benefit of Burrp!. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of Burrp! (except to the extent such restriction is prohibited by law) or the registration thereof by Burrp!, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Burrp!.
The local content provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Burrp! and its partners. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on any local content provided through the Service. You acknowledge and agree that that these Legal Notices supplement the Terms of Use for the Service.
It is Burrp!'s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
Burrp!'s collection and use of personal information is governed by Burrp!'s Privacy Policy, available at http://www.burrp.com/privacy-policy.html. You understand and agree that Burrp! may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Burrp!, its affiliates or the public. Personal information collected by Burrp! may be stored and processed in India or any other country in which Burrp! or its agents maintain facilities. By using the Service, You consent to any such transfer of information outside of your country.
You agree to hold harmless and indemnify Burrp!, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of Burrp! services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Burrp! will provide You with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BURRP! SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BURRP! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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 5 AND 6 MAY NOT APPLY TO YOU.
Burrp! may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at Burrp!'s own discretion and at any time, a maximum number of local content you may access through the service without Burrp!'s prior written consent.
In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Burrp! or otherwise disparages or devalues the Burrp! Brand Features or Burrp!'s reputation or goodwill. If You desire to terminate the Terms of Use, You must remove the Service from Your Site.
Burrp! shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and Burrp!. Burrp! shall not be liable to You for damages of any sort resulting from its decision to reject such a request.
Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all local content and Burrp! Brand Features.
In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 4, 5, 6, 7, 8.4, 8.5, 8.6, and 9 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.
You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Burrp!, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Burrp! may be legally entitled, Burrp! shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.
Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.
The Terms of Service constitute the entire agreement between You and Burrp! and govern your use of the Service, superceding any prior agreements between You and Burrp!. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Burrp! services, affiliate services, third-party content or third-party software.
The Terms of Service and the relationship between You and Burrp! shall be governed by the laws of India without regard to its conflict of law provisions. You and Burrp! agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Mumbai, Maharashtra.
The failure of Burrp! to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Burrp! services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.