Thank you for using the Touch Local Limited ("Touch Local") application programming interface ("API"). The Touch Local API will allow you ("You") to access and receive valuable local information from Touch Local and present it on pages of your website, mobile applications, widgets or other electronic media. These terms of use (the "API Terms of Use") explain the basis upon which transactions will take place between Touch Local and You via the Touch Local API, the uses that You may make of the data supplied by Touch Local via the Touch Local API, and your obligations and responsibilities in connection therewith.
By using the Touch Local API, You accept and agree to be bound by the following terms, conditions and policies (collectively, the "Agreements"):
Touch Local may, in its sole discretion and at any time, modify or revise any of the Agreements. You should visit www.TouchLocal.com (the "Touch Local Site") periodically to review the Agreements and check for updates. Your continued use of the Touch Local API after the effective date of any such changes will constitute your acceptance of and agreement to any such changes.
The purpose of the API and these API Terms of Use is to allow You to develop new and imaginative ways of using Touch Local content. Touch Local reserves the right to continually review and evaluate all uses of the API, including those uses that appear more competitive than complementary in nature, amending the API Terms of Use accordingly, whether for individual users or all users, as necessary.
Except as expressly and unambiguously authorised under these API Terms of Use, You may not, without Touch Local's prior written consent:
(A) copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorised under applicable statutory law), modify or alter any part of the Touch Local API; use the Touch Local API on behalf of any third party; attempt or provide a means to execute any "bulk download" operations; cache or otherwise store any Touch Local Content; and/or modify any Touch Local Content;
(B) use the Touch Local API or any Touch Local Content 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, adware and/or other malicious programmes or code; counterfeit goods and/or items subject to HM Revenue & Customs control; unsolicited mass distributions of e-mail ("spam"), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve ("web spam"), multilevel marketing proposals, direct marketing and/or telemarketing activities; hate materials; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/de-scrambling equipment; fireworks, explosives and/or other hazardous materials; weapons and/or weapons accessories; gambling; non-transferable items such as airline tickets, event tickets; and/or any other products or services that are considered by Touch Local from time to time to be inappropriate or undesirable;
(C) use the Touch Local API or any Touch Local Content in any manner or for any purpose that violates any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which is otherwise harmful to the Touch Local Site, Touch Local, its providers, its suppliers or any end user (including users of the Touch Local Site and/or your own website or other electronic media);
(D) use the Touch Local API in a manner that adversely impacts the stability of Touch Local's servers or the behaviour of other applications using the Touch Local API; and/or
(E) use the Touch Local API or any Touch Local Content in a manner that is directly competitive in nature with the Touch Local Site or Touch Local.
You agree that, in accordance and strict conformity with the Touch Local Branding Guidelines, You will display the Touch Local Brand Features, together with text-based hyperlinks to the Touch Local Site, on any and all pages of your website, mobile applications, widgets and/or other electronic media incorporating, utilizing or displaying (as applicable) the Touch Local API and/or any Touch Local Content.
All hyperlinks to the Touch Local Site must connect users directly to the Touch Local Site. You may not minimize, remove or otherwise inhibit the full and complete display of the Touch Local Site accessed by clicking on such hyperlinks. You may not cause the Touch Local Site to be displayed in any pop-up, pop-under, exit windows, expanding buttons or animated windows or to be framed in any way; provided that You shall be allowed to spawn a new, full-sized browser window when a user clicks on the hyperlink to the Touch Local Site and to display the Touch Local Site in such window.
As between Touch Local and You, the Touch Local API, the Touch Local Brand Features and any and all Touch Local Content (subject to the Touch Local Terms of Use), and all intellectual property rights contained in any of the foregoing, are and shall at all times remain the sole and exclusive property of Touch Local and are protected by applicable intellectual property laws and treaties.
Touch Local reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend or discontinue the Touch Local API and/or suspend or terminate your rights under these API Terms of Use to access, use and/or display (as applicable) the Touch Local API, the Touch Local Brand Features and/or any Touch Local Content. Any termination of these API Terms of Use shall also immediately terminate the licences granted to You hereunder. Upon any termination of these API Terms of Use, You shall promptly delete and remove all calls to the Touch Local API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the Touch Local API, the Touch Local Brand Features and/or any Touch Local Content; and You shall on request promptly certify in writing to Touch Local that such actions have been taken.
You agree that your use of the Touch Local API is at your own risk and You agree to hold harmless and indemnify Touch Local and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable legal fees) arising from, or in any way related to, your or your users' use of the Touch Local API or any Touch Local Content displayed on your website or other electronic media.
THE TOUCH LOCAL API, TOUCH LOCAL BRAND FEATURES AND TOUCH LOCAL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, TOUCH LOCAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE TOUCH LOCAL API, THE TOUCH LOCAL BRAND FEATURES AND ANY TOUCH LOCAL CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FURTHERMORE, TOUCH LOCAL DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE TOUCH LOCAL API WILL BE UNINTERRUPTED OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE API TERMS OF USE DO NOT ENTITLE YOU TO ANY SUPPORT FOR THE TOUCH LOCAL API.
Touch Local and You are, and shall remain, independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, partnership or joint venture. Although You are permitted to publicise your use of the Touch Local API, You agree not to make any other statements, without the prior written consent of Touch Local, implying a different kind of relationship between You and Touch Local, including any implied endorsement of your content, products, or services by Touch Local. You do not have any authority of any kind to bind Touch Local in any respect whatsoever.
If you are using or intending to use the Touch Local API on behalf of an employer or other principal, you hereby represent and warrant that you are authorised to enter into this Agreement on your principal's behalf and that this Agreement is fully binding upon such principal. In such cases, You shall comprise you and your employer or principal jointly, so that for the purposes of these API Terms of Use, relating inter alia to confidentiality, neither you nor your employer or principal shall be considered to be third parties.
Please contact Touch Local with any questions regarding these API Terms of Use. Please report any violations of these API Terms of Use to info@TouchLocal.com.