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Boliven API Terms of Service

Thank you for using the Cambridge Intellectual Property Limited (called “Boliven” hereinafter) application programming interface (‘Boilven API’), which is based on the Boliven.com subscription service (‘Service’). By using the Boliven API, you are agreeing to be bound by the following terms and conditions (“API Terms of Service”) and Boliven general terms of service, including the Boliven privacy policy. In the event of any conflict between the API Terms of Service and our other Terms of Service, the API Terms of Service will prevail.

The Basics

Ownership: We are always happy to hear of new ideas to re-sell our content, and we usually approve requests to do so, but you must ask our permission first. Boliven’s content is owned by Boliven’s customers or by Boliven. We expect you to respect this ownership and that you will not use the content for any commercial purpose (such as re-selling it, or charging people to access it) unless you have our permission first.

Branding: Boliven’s logo, trademarks, colours and website design are our brand. We expect that you will respect our brand and will not re-use our brand without our written permission.

Rate limits: We start with relatively low rate limits, which we raise whenever appropriate. Please respect our time by spacing your calls and by bundling them where possible. If you need more calls - just ask!

Your responsibility: You are obviously responsible for your own Application and any subsequent use of your Application. Please respect our terms, including our privacy policy, by making sure your terms and privacy policy are at least as strict as ours. We expect you will be thoughtful, respectful and will not be abusive as you use the Boliven API.

Changes to terms: Boliven reserves the right to update and change the API Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the API Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the API Terms of Service on this webpage from time to time.

Violation of any of the terms: will result in the termination of your API Account. You understand and agree that Boliven cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Questions? Contact us, we’ll be happy to help.

API Account Terms

1. You must be 18 years or older to use this Service.

2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You must be contactable by Boliven at all times for security related questions and concerns. You can keep your name and contact updated by obtaining a new application key, and providing the updated information in relation to the new key.

3. You are responsible for maintaining the security of your account and password. Boliven cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4. You are responsible for all content posted and activity that occurs under your account.

5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

License and Restrictions

6. License. Subject to these terms and conditions, Boliven grants to you a limited, non-exclusive, non-transferable license to use the Boliven APIs to develop, test, and support your Application, and to distribute or allow access to end users of your Application. All rights not granted to you in these terms and conditions are reserved by Boliven. For the avoidane of doubt we record that you have no right to distribute or allow access to the stand-alone Boliven APIs.

7. Termination of License. You can terminate this license by simply ceasing to use the Boliven APIs. Boliven may terminate the license at any time and for any reason. As noted above, violation of any of the terms below will result in the termination of your API Account.

8. Exclusivity. This license and these terms do not create an exclusive relationship between you and Boliven. Boliven or third parties authorized by Boliven may develop applications which are similar to or the same as yours for any purpose.

9. Restrictions. From time to time Boliven at its sole discretion sets a rate limit and restrictions in relation to data fields displayed per application or service utelizing Boliven APIs. You agree that you shall comply with that rate limit and restrictions at all times. Methods you implemnt whcih are intended to work around rate limits (including maintaining a data cache) is a violation of these terms and conditions.

10. Use. You shall not use the Boliven APIs in a manner that fails to comply or is inconsistent with any part of the Boliven API documentation located at http://developer.boliven.com/doc as determined by Boliven in its sole discretion; nor shall you use the Boliven APIs for any illegal purpose, to operate any application where human life or property is at stake.

11. No sale. Any re-sale, sale, transfer, sublicense or reverse engineering of the Boliven APIs, access or access codes is prohibited and amounts to a breach of these terms and conditions.

12. Non-compete. You may not use Boliven APIs or the information you obtain from Boliven APIs to compete with Boliven now or in the future. Should you do so, you accept that you will be liable to Boliven for loss of profits and other damages.

13. Acknowledgements. Any and all legal, copyright, trademark, watermark and other proprietary rights notice contained in or on Boliven materials must be retained by you on these materials.

14. Security

a. Virus Precaution. You undertake to check all materials you provide to Boliven with Internet industry standard and up-to-date anti-virus and anti-worm software.

b. Industry Standards. You must propery configure your networks, system and software to Internet industry standards required for secure systems operations. For example an open proxy server would be unacceptable. And your selecting server operated by a third party with substandard practices would also be unacceptable.

c. Reporting. You undertake to promptly report any intrusions or security deficiencies promptly in writing to api@boilven.com. You undertake to work promptly with Boliven to overcome any security breaches and defficiences and you undertake not to pulicise any incidents or deficiencies wihtout express written permssion from Boliven.

d. Control Access. You will log (in a time and date-stamped fashion) all access to Boliven systems. Password and username files will be encrypted, and your passwords must be unique and frequently changed. Whenever a member of staff ceases to work with you then his or her passwords and access will be terminated immediately.

e. Confidentiality. You shall keep your passwords and other access credentials secret. Moreover, you undertake to keep any Boliven confidential information secret. For the purpose of this clause, Boliven confidential information includes all non-public Boliven technology, programs, software, and specifications. You may disclose Boliven confidential information to a governmental authority, if you are required to do so by law.

f. Security Reviews. Boliven will have the right to review or arrange review of your security measures and compliance with these security provisions. Any such review will be undertaken with reasonable notice, reasonable frequency and in a manner that does not unduly disrupt your normal business activities.

Publicity

15. You may not make any public announcements or suggest any partnership with Boliven unless you have our written permission first. Boliven may use your company or organization name, product name or logo in presentations and marketing materials; including website listings of customers and case studies.

Modifications to the Service and Prices

16. Boliven reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

17. Prices, including but not limited to monthly subscription plan fees to the Service, are subject to change upon reasonable written notice from us. Such notice may be provided at any time by posting the changes to the Boliven Site (www.boliven.com) or the Service itself.

18. Boliven shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

19. We claim no intellectual property rights over any material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.

20. Boliven does not pre-screen content, but Boliven and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

21. The look and feel of the Service is copyright © 2007-2010 Cambridge Intellectual Property Limited. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Boliven. Boliven shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Boliven Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Members or any other party relating to the Boliven Service. This API Terms of Service is not a sale and does not convey to Members any rights of ownership in or related to the Boliven Service, Boliven Data, or the Intellectual Property Rights owned by Boliven, including any rights to data incorporated in the Service. The Boliven name, the Boliven logo, and the product names associated with Boliven are trademarks of Boliven or third parties, and no right or license is granted to use them.

Service and Support

22. Boliven may at its sole discretion provide you with support and modifications for the Boliven APIs. Note however that Boliven may at its sole discretion terminate any and all such support at any time without notice.

Fees

23. Boliven expressly reserves the right to charge fees for use of or access to Boliven materials. Boliven may decide to make or amend such fees at any time, and at Boliven’s sole discretion. Your failure to pay any fees due will disqualify you from use of the Boliven API.

General Conditions

24. Boliven is not responsible for any incorrect or inaccurate content posted on the Boliven Service or in connection with the Service. Content or profiles created and posted on the Boliven Service may contain links to other websites, and we are not responsible for the content, accuracy or opinions expressed on such websites. Under no circumstances shall Boliven be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at any Boliven event, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Boliven is not responsible for a user’s disclosure of their or their employer’s proprietary information. Please check with your employer or counsel before posting any proprietary information of your employer.

25. Boliven cannot guarantee and does not promise any specific results from use of the Service. Boliven expressly disclaims any warranty of fitness for a particular purpose. The accuracy, completeness, adequacy, or currency of the content is not warranted or guaranteed.

26. IN NO EVENT SHALL BOLIVEN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND OF THE BOLIVEN API, EVEN IF BOLIVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOLIVEN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOLIVEN FOR THE SERVICE DURING THE TERM OF MEMBERSHIP AND API ACCESS AS MAY BE APPROPRIATE.

27. You agree to indemnify and hold Boliven, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Boliven Service or through the Service causes Boliven to be liable to another.

28. The content and/or assistance provided is not intended to and does not constitute legal advice and no attorney-client relationship is formed.

29. If you are an attorney participating in any aspect of or in anyway on this Service, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Boliven disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate on this Service, that you will not offer legal advice, but will only provide general information.

30. Technical support is only provided to paying account holders and is available via email and toll-free phone number.

31. You understand that Boliven uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

32. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Boliven, or any other Boliven service.

33. As noted elsewhere in these terms you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Boliven.

34. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense the Service or the content without our express written permission. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Service or the content without Boliven's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Service, except to the extent permitted above. You may not use or otherwise export or re-export this Service or any portion thereof, or the content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Service or its content is prohibited.

35. Certain sections of this Service require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Boliven of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Boliven does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Boliven immediately by emailing boliven@cambridgeip.com.

36. Third party content (including, without limitation, Postings) may appear on this Service or may be accessible via links from this Service. Boliven shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Service. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Boliven. Further, information and opinions provided by employees and agents of Boliven are not necessarily endorsed by Boliven and do not necessarily represent the beliefs and opinions of Boliven.

37. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these API Terms of Service.

38. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Boliven member, employee, vendor, partner, investor, or officer will result in immediate Account termination.

39. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

40. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

41. You must not transmit any worms or viruses or any code of a destructive nature.

42. If your bandwidth usage exceeds 1G/month, or significantly exceeds the average bandwidth usage (as determined solely by Boliven) of other Boliven customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

43. Boliven does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, service, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

44. You expressly understand and agree that Boliven shall not be liable 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 Boliven 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; (v) or any other matter relating to the Service.

45. The provisions of paragraphs 1, 2, 3, 4, and 20-21 of this section are for the benefit of Boliven and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Boliven Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

46. The failure of Boliven to exercise or enforce any right or provision of the API Terms of Service shall not constitute a waiver of such right or provision. The API Terms of Service constitutes the entire agreement between you and Boliven and govern your use of the Service, superseding any prior agreements between you and Boliven (including, but not limited to, any prior versions of the API Terms of Service).

47. The API Terms of Service are governed by and construed in accordance with the laws of the United Kingdom. If any controversy or claim arises out of or relating to the Service, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. Disputes remaining unresolved shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Chartered Institute of Arbitrators, UK as current from time to time. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in London, UK in front of a single arbitrator on an expedited basis and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Boliven may at any time seek injunctions or other forms of equitable or other relief from any court of competent jurisdiction.

Questions about the API Terms of Service should be sent to boliven@cambridgeip.com.