Thank you for using the TruRating application programming interfaces (the "TruRating APIs"). By using the TruRating APIs, you agree to the terms below. If you disagree with any of these terms, TruRating does not grant you a license to use the TruRating APIs. We reserve the right to update and change these terms from time to time without notice.
Your license to the TruRating 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 TruRating APIs. TruRating may terminate the license at any time for any reason. Your rights to use the TruRating APIs terminate automatically if (i) you violate any of these terms, (ii) TruRating publicly posts a written notice of termination on TruRating.co.uk, (iii) TruRating sends a written notice of termination to you, or (iv) TruRating disables your access to the TruRating APIs.
The TruRating APIs are owned by TruRating 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 TruRating APIs, including all updates, revisions, substitutions, and any copies of the TruRating APIs made by or for you. TruRating user photos and videos ("User Content") are owned by the users and not by TruRating. All rights not expressly granted to you are reserved by TruRating.
Use of TruRating's brand assets (e.g., the TruRating name and logo) is governed by TruRating's Brand Guidelines, which are incorporated herein by reference.
The TruRating 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. TruRating's rights apply to the TruRating APIs and all output and executables of the TruRating APIs, excluding any software components developed by you which do not themselves incorporate the TruRating APIs or any output or executables of the TruRating 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. TruRating owns all rights, title, and interest in and to the TruRating APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by TruRating, including (but not limited to) the TruRating APIs and TruRating trademarks.
TruRating may elect to provide you with support or modifications for the TruRating APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. TruRating may change, suspend, or discontinue any aspect of the TruRating APIs at any time, including the availability of any TruRating APIs. TruRating may also impose limits on certain features and services or restrict your access to parts or all of the TruRating APIs or the TruRating Web site without notice or liability.
TruRating reserves the right to charge fees for future use of or access to the TruRating APIs.
Some of the TruRating APIs may be experimental and not tested in any manner. TruRating does not represent or warrant that any TruRating APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
The TruRating APIs are provided "as is" with no warranty, express or implied, of any kind and TruRating expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availablility, security, title and/or non-infringement.
Your use of the TruRating APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any TruRating APIs including, but not limited to, any damage to your computer system or loss of data.
TruRating 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 TruRating 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 TruRating has been advised of the possibility of such damages. Under no circumstances shall TruRating be liable to you for any amount.
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 6 and 7 may not apply to you.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against TruRating, and its subsidiaries, affiliates, officers, agents, 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 the TruRating APIs.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify TruRating 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 the TruRating 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. TruRating shall use good faith efforts to provide you with written notice of such claim, suit or action.
Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and TruRating 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 TruRating, express or implied, and you shall not attempt to bind TruRating to any contract.
Invalidity of Specific Terms. If any provision of the API 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 that the other provisions remain in full force and effect.
Location of Lawsuit and Choice of Law. The API Terms of Use and the relationship between you and TruRating shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland without regard to its conflict of law provisions. You and TruRating agree to submit to the personal jurisdiction of the courts located within the United Kingdom of Great Britain and Northern Ireland.
No Waiver of Rights by TruRating. TruRating's failure to exercise or enforce any right or provision of the API 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 API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter. The API Terms of Use constitute the entire agreement between TruRating and you with respect to the subject matter hereof.